Terms and conditions of service
Welcome to Niunet!
Thanks for using the online presence, products and services (“Services”) of Niunet PNG Limited (“Niunet”). The Services are provided by Niunet located in Port Moresby, Papua New Guinea.
By accessing and using our Services, you agree that these terms and conditions (“Terms”) and Content Policy apply to you and you will comply with them. Please read them carefully, and contact Niunet if you have any questions by sending an email in writing to admin@niunetpng.com
Niunet’s Services can be diverse, so sometimes additional Terms or requirements may apply. Additional Terms will be available with the relevant Services, and those additional Terms become part of your agreement with us if you use those Services.
These Terms can be obtained from our website www.niunetpng.com or through email to admin@niunetpng.com
These Terms were last modified on 3rd June 2019.
1. Definitions and Interpretation
“Confidential Information” means all information, including (without limitation) any Intellectual Property, whether verbal, graphic, electronic, written, audible, video or in any other form, that is not generally available to the public at the time of disclosure.
“Content” means information in any combination or in any form including speech, music or other sounds, data, text, writing, signs, signals or images (animated or otherwise).
“Creative Commons” are public copyright licenses, administered by the Creative Commons non-profit organization, that enable the free distribution of otherwise copyrighted “Work”. A Creative Commons license is used when an author wants to give other people the right to share, use and build upon a work that he or she (that author) has created.
“Intellectual Property” means all present and future intellectual, technical or industrial property, whether conferred by status, at common law or in equity and where existing, including (without limitation) patents, designs, copyright, rights in circuit layouts, know-how, brand names, domain names, inventions, product names, trade secrets and any other rights substituting in the results of intellectual effort in any field, whether registered or not capable of being registered, and includes any application or rights to apply for registration of these rights.
“Law” means the laws within the jurisdiction of Papua New Guinea.
“Our, We or Niunet” means Niunet PNG Limited.
“Personal Information” means information that an individual or individuals provide to Niunet which personally identifies that individual or individual, such as name or email address or gender, or other data that can be reasonably linked to such information by Niunet, such as information we associate with your Niunet Login. Personal Information includes (without limitation): first, middle and last names; street addresses, mailing addresses, electronic mail (email) addresses, landline telephone numbers, mobile telephone numbers, any other contact information (without limitation) such as Skype contact names or Whatsapp names; dates of birth or age; gender; passport numbers, driver’s license numbers or other identification numbers (without limitation); Media Access Control (MAC) addresses; graphic footage (without limitation) of you including photographs, videos, audio; nationalities, provinces, towns or any other location (without limitation) of origin, residence, past residence; job titles or professional titles; educational or social status.
“Services” means online presence (including email, website, and social media platforms), products or services.
“Terms” means these Terms and Conditions as amended from time to time by Niunet PNG Limited.
“You and Your” means the person, organization, business (incorporated or otherwise), or any other entity who has accepted these Terms and Conditions and uses or procures Niunet Services.
2. Using Niunet’s Services
You must follow any policies made available to you within the Services.
A. Don’t misuse Niunet’s Services. For example, don’t interfere with Niunet’s Services or try to access them using a method other than the interface and the instructions that Niunet provides. You may use Niunet’s Services only as permitted by Law, including applicable export and re-export control laws and regulations. Niunet may suspend or stop providing Services to you if you do not comply with Niunet’s Terms or policies or if Niunet is investigating suspected misconduct.
B. Using Niunet’s Services does not give you ownership of any intellectual property rights in Niunet’s Services or the content you access. You may not use content from Niunet’s Services unless you obtain permission from its owner or are otherwise permitted by Law. These Terms do not grant you the right to use any branding or logos used in Niunet’s Services. Don’t remove, obscure, or alter any legal notices displayed in or along Niunet’s Services.
C. Niunet’s Services display or permit the download of some Content that is not Niunet’s not licensed under Creative Commons nor other public copyright license. The rights of such Content belong to the entity that makes it available. Niunet will not be responsible for the use or abuse of this content that sits in Niunet storage, transferred through Niunet’s channels, nor once it is downloaded from Niunet Services. Niunet may review content to determine whether it is illegal or violates Niunet policies, and Niunet may remove or refuse to display content that Niunet reasonably believe violates Niunet Terms, policies or the Law. But that does not necessarily mean that Niunet reviews content, so please don’t assume that Niunet does.
D. In connection with your use of the Services, Niunet may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
E. Some of Niunet’s Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety Laws.
3. Your Niunet Login
A. Sometimes you may need a Niunet Login in order to use some of Niunet’s Services. You may create your own Niunet Login, or your Niunet Login may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Niunet Login assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your Login. To establish your Niunet Login, Niunet may request to collect your Personal Information (see 3. Privacy and Copyright Protection below).
B. To protect your Niunet Login, keep your password or code confidential. You are responsible for the activity that happens on or through the use of your Niunet Login. Try not to reuse your Niunet Login password on third-party applications. If you learn of any unauthorized use of your password or Niunet Login, please contact (in this order):
i. your administrator (if applicable), and
ii. Niunet on admin@niunetpng.com
4. Intellectual property
A. All Intellectual Property created by Niunet vests in Niunet upon and from its creation.
5. Privacy, Content and Copyright Protection
You hereby explicitly and unambiguously agree that:
A. When you use Niunet Services, you agree and give Niunet (and those we work with) a worldwide license to collect, store, manipulate and use your Personal Information in electronic or other form. The rights you grant this license are for the limited purpose of operating, improving or promoting Niunet Services, and to develop new Niunet Services. This license continues even if you stop using Niunet Services. If you are a business, organization, group or association of any kind (whether incorporated or not), you agree and authorize Niunet to collect, store, manipulate and use the Personal Information or data of your company, future parent or affiliated companies, subsidiaries, contractors, subcontractors, officers, employees, agents, associates, patrons, visitors or users of Niunet Services. The rights you (the business) grant this license are for the limited purpose of operating, improving or promoting Niunet Services, and to develop new Niunet Services. This license continues even if you (the business) stop using Niunet Services.
B. Niunet shall implement and maintain reasonable procedures for protecting Personal Information in compliance with applicable Law.
C. Niunet’s automated and manual systems analyse your Personal Information (including text in forums or other communications on Niunet Services) to provide you personally relevant Service features, such as customized search results or notifications, as well as provide insights to our customers on user behaviour. This analysis occurs as the Content is sent, received and when it is stored.
D. If you have a Niunet Login, Niunet may display your Profile name, Profile photo, and other actions you take on Niunet or on third-party applications connected to your Niunet Login Services, including displaying notifications or in commercial contexts. Niunet will respect the choices you make to limit sharing or visibility settings for your Niunet Login.
E. You can find more information about how Niunet uses and stores Content in the Content Policy or additional terms for particular Services. If you submit feedback or suggestions about Niunet’s Services, Niunet may use your feedback or suggestions without obligation to you.
A. Niunet responds to notices of alleged copyright infringement and terminates Niunet access of repeat infringers according to Law. Niunet does not encourage copyright infringement, but in the case it may happen on our Services, Niunet reserves the right to have 180 days to respond to copyright infringement notices. We will make reasonable efforts to correct copyright infringement. If you think somebody is violating your copyrights and want to notify us, you can submit a notice in writing to Niunet’s email address: admin@niunetpng.com
6. Modifying and terminating our services
A. Niunet is constantly changing and improving Niunet Services. Niunet may add or remove functionalities or features, and may suspend or stop a Service altogether.
B. You can stop using Niunet Services at any time, although Niunet will be sorry to see you go. Niunet may also stop providing Services to you, or add or create new limits to Niunet Services at any time.
C. Niunet believes that you own your data and preserving your access to such data is important. If Niunet discontinues a Service, where reasonably possible, Niunet will give you reasonable advance notice and a chance to get information out of that Service.
7. Disclaimers
A. Niunet provides Niunet Services using a commercially reasonable level of skill and care and Niunet hopes that you will enjoy using them. But there are certain things that Niunet does not promise about Niunet Services. Other than as expressly set out in these Terms or additional terms, neither Niunet nor its suppliers or distributors or associates make any specific promises about the Services. For example, Niunet doesn’t make any commitments about the Content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. Niunet provides the Services “as is”.
8. Liability for Niunet Services
A. When permitted by Law, Niunet, and Niunet’s suppliers and distributors and associates, will not be responsible for lost profits, revenues, Personal Information or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
B. To the extent permitted by Law, the total liability of Niunet, and its suppliers and distributors and associates, for any claims under these terms, including for any implied warranties, is limited to the amount you paid Niunet to use the Services (or, if Niunet chooses, to supplying you the Services again). In all cases, Niunet, and its suppliers and distributors and associates, will not be liable for any loss or damage that is not reasonably foreseeable.
9. Business and Organizational Uses of our Services
A. If you are using Niunet Services on behalf of a business or organization, that business or organization accepts these Terms. This applies regardless whether the business or organization is incorporated or not. That business or organization will hold harmless and indemnify Niunet and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
10. About these Terms
A. Changes to the Terms and Conditions. Niunet may from time to time modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the Law or changes to Niunet Services. Niunet may also change and upgrade our Service at any time. You should look at the Terms and additional terms regularly. Niunet will post notice of modifications to the Terms on this page. Niunet will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
B. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
C. These Terms control the relationship between Niunet and you. These Terms and additional terms do not create any third party beneficiary rights.
D. If you do not comply with these Terms or additional terms, and Niunet does not take action right away, this does not mean that Niunet is giving up any rights that Niunet may have (such as taking action in the future).
E. If it turns out that a particular Term is not enforceable, this will not affect any other Terms.
F. Niunet Contact Information. To contact Niunet, send an email in writing to admin@niunetpng.com if you have a question or if there is an error with our Niunet Services. We may ask for information from you to assist us in our enquiries and will make every effort to answer your questions or resolve an issue fairly. Where we find that an error has occurred, we will promptly correct the error.
G. Law and Jurisdiction. These Terms are governed by and shall be construed in accordance with the laws of Papua New Guinea.
H. The courts in some countries will not apply Papua New Guinean law to some types of disputes. If you reside in one of those countries, then where Papua New Guinea is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Papua New Guinea, will apply to any disputes arising out of or relating to these Terms or the Services. Similarly if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Port Moresby, Papua New Guinea, then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms or the Services will be litigated exclusively courts of Port Moresby, Papua New Guinea, and you and Niunet consent to personal jurisdiction in those courts.