Effective Date: November 3rd, 2018.
1. Who we are and how to contact us
thepangaia.com is a site operated by Pangaia Limited ("We" or "Pangaia"). We are registered in Malta under company registration number C88550 and have our registered office at 230, 2nd Floor, Eucharistic Congress Road, Mosta MST 9039, Malta. Our VAT number is MT25661036.
2. By using our site you accept these terms
We recommend that you print a copy of these terms for future reference.
3. Other terms and policies that may apply to you
- Our Terms of Sale which sets out the terms which apply when you make a purchase on our website.
4. We may make changes to these terms
We may revise these terms from time to time by amending this page and will display the effective date of the revised terms at the top of this page. Your continued use of our site after such effective date constitutes your agreement to such changes.
Every time you wish to use our website, please check this page to ensure you understand the terms that apply at that time.
5. We may make changes to our site
We may change our website and the design and content of the website from time to time to reflect changes to our business or products. We will try to give you reasonable notice of any major changes by posting a notice on the website.
Please note that some content on our website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website, or any content on it, will be free from errors or omissions.
6. We may suspend or withdraw our site
Our website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal by posting a notice on the website, however, we will not be liable to you if for any reason our site is unavailable at any time or for any period. It is also possible that our website may be blocked by the government of the country in which you are resident for security or other reasons.
7. You must keep your account details safe
To access certain features made available to you on our website you will need to register for an account. Any information you provide about yourself for registration purposes or otherwise must be true, accurate, current, and complete in all respects. Please notify us immediately of any change in your information at the email address in paragraph 1.
You must treat any user identification code, password or any other piece of information, for the purpose of gaining access to certain areas of our website, as confidential and you must not disclose such information to any third party. You must install adequate antivirus software on your computer or device which you use to access the website. You should update your account password regularly. Each time after you finish using your personal account, you should always log out by clicking “Log Out” on the website. We will not be liable for loss of account, loss of account credentials or leaks of your personal data as a result of your own actions and/or inactions.
- disable any user identification code, password, or any other piece of information, at any time;
- withdraw, suspend or restrict access to your account or the website; and/or
- terminate your account.
If we do any of the above, we will notify you promptly after taking the action and you must destroy any content you hold relating to our website at that time.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using our contact details set out in paragraph 1. You understand and agree that before your notification to us of loss of account, loss of account credentials or leaks of your personal data and before you provide us with any related proof, we have reason to believe that any use of your personal account is your act.
8. How you may use material on our site
You may not copy, reproduce, distribute, publish, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use or in any way exploit our website or its contents, in whole or in part, except as set out in these terms or use.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use provided that:
- You do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
- Our status (and that of any identified contributors) as the authors of content on our site is always acknowledged;
- You do not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
We may pursue all remedies available to us under applicable law for any breach of these terms or inappropriate conduct.
9. What you must not do
By using our website, you agree not to:
- do anything which will or might damage, interrupt or impair the functionality of the website or its content or which imposes an unreasonable or disproportionately large load on the website’s infrastructure;
- obtain unauthorized access to the website or any private or member account areas on the website;
- do, cause or permit anything to be done that may infringe, damage or interfere with any of our intellectual property rights, our licensors or any third party;
- disassemble or reverse-engineer any of the software making up a part of the website;
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the website;
- probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation;
- interfere with the website in any way, including without limitation by engaging in unauthorized spidering, scraping or harvesting of content, contact or other personal information, using any other unauthorized automated means to compile information or flooding, spamming or crashing the website;
- collect, store or use any information from or about another user;
- “stalk” or harass any other user;
- distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- do anything which is otherwise unlawful or which may cause any liability to us;
- do anything that breaches any applicable local or international law or regulation; or
- attempt to do any of the above.
You agree not to use our website:
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving services under the laws of your applicable jurisdiction;
When posted to public areas of our website, your content may be viewed by other users and by other persons or entities, including through third party services and websites. Thus, you should only upload, share or store images, information and other content that you are comfortable sharing with others.
You agree that you will not access or use the website to upload, share or store any video or images, or otherwise act in any manner, that:
- is intended to perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
- is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person;
- promotes illegal or harmful activities or substances; or
- is harmful to children.
10. Do not rely on information on this site
Do not rely on information on the website. The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. Opinions expressed on our website are the personal opinions of the authors and do not reflect the views of Pangaia.
11. We are not responsible for websites we link to
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We may not have control over the contents of those sites or resources. We may delete or modify any link on our website at any time and for any reason.
If you have any concerns regarding any linked websites on the website please contact us using the details set out in paragraph 1.
12. User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to customer review sections. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us using the details set out in paragraph 1.
13. Our responsibility for loss or damage suffered by you
Our website and all of its contents are provided to you on an “as is” basis. We make no representation or warranty of any kind whatsoever relating to the website or content that can be accessed through the website. To the fullest extent permitted by applicable law, we disclaim any and all such representations and warranties.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale.
We will not be liable to you for any loss or damage, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
To the greatest extent permitted by applicable law, we do not accept any liability for any error, omission, interruption, defect, or delay in information provided on the website, or for any failure to update information on the website other than to extent any such liability arises as a direct result of us failing to take reasonable skill and care in making the website available.
We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, sales or revenue, loss of business, business interruption, loss of anticipated savings or loss of business opportunity, goodwill or reputation.
If defective digital content on our website (not including third-party or user-generated content), damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
In jurisdictions which restrict limitation clauses, the above limitations shall be applied to the greatest extent permitted by the relevant law in those jurisdictions.The above limitations do not, in any way, exclude any liability we have where it would unlawful to do so.
14. How we may use your personal information
15. Uploading content to our site
Certain sections of the website allow you to submit information about yourself to us. These include, without limitation, the sections of the website that allow you to create an account, sign up to our mailing list, purchase products and submit return forms and customer service forms.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must provide content which is accurate, genuinely held (where it concerns an opinion) and complies with the applicable law in the country in which it was posted.
Content you upload must not be defamatory of any person, obscene, offensive, hateful, inflammatory, promote sexually explicit material, violence, illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Content you upload must not infringe the copyright or trade marks of another, breach a legal duty to another, be in contempt of court, promote or incite any party to commit, or assist any unlawful act, or contain any advertising or promote any services or web links to other sites.
You warrant that any such contribution does comply with the above standards, and you will indemnify us (be responsible for any loss or damage we suffer) as a result of your breach of warranty. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your content in any and all media as necessary to operate the website. You also grant to us a right to use any content you upload for our own purposes including republication in any form or media. This site is available to the public, information you consider confidential should not be posted to this site.
We may modify or adapt your public content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your public content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your name and other information in connection with your public content as described herein or elsewhere on the website, subject to any applicable data protection laws.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You acknowledge and agree that you are solely responsible for your public content, and for any consequences thereof, including the use of your content by other users and our third party partners.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the website (“Feedback”). You may submit Feedback by e-mailing us, at firstname.lastname@example.org. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be our sole and exclusive property. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by us or our affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to us all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
17. We are not responsible for viruses and you must not introduce them
We do not guarantee that our website, content on the website or the server that makes it available are free of viruses or other harmful components.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own, up-to-date virus protection software.
You must not introduce, or do anything which is likely to lead to the introduction of, any viruses or other harmful components into any aspect of our website.
At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms by you, including the use by any other persons accessing our website using your internet account caused by your action or inaction.
18. Rules about linking to our site
You may link to our home page, provided that:
- you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
- you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- you do not establish a link to our site in any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with our content standards set out in paragraph 15.
19. Assigning this Agreement
20. What our relationship is not
21. Survival of Terms
23. No waiver
If you breach these terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
25. Which country's laws apply to any disputes?
28. Third Party Beneficiaries
29. Contact Us
If you have any questions or concerns, please contact us at email@example.com. You can also write to us at:
230, 2nd Floor, Eucharistic Congress Road, Mosta MST 9039, Malta
Additional terms applicable to US Visitors
If you visit this website from the United States of America, the following terms shall apply in addition to those set out above:
1. Limitations of Liability
OUR WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE WEBSITE OR CONTENT THAT CAN BE ACCESSED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT ACCEPT ANY LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN INFORMATION PROVIDED ON THE WEBSITE, OR FOR ANY FAILURE TO UPDATE INFORMATION ON THE WEBSITE OTHER THAN TO EXTENT ANY SUCH LIABILITY ARISES AS A DIRECT RESULT OF US FAILING TO TAKE REASONABLE SKILL AND CARE IN MAKING THE WEBSITE AVAILABLE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
i. YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE WEBSITE, SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE US AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
ii. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. Warranties by Users
You represent and warrant to us that:
- you own or control all of the rights necessary to grant the rights and licenses granted herein;
- you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your public content or otherwise in connection with your access to or use of the website;
- the exercise by us of the rights granted by you hereunder will not cause us to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
- all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
You agree that, at our option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) we may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without our prior written approval (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other claims, damages, losses, costs and expenses.
4. California Residents
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the website or requests to receive further information regarding use of the website may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
Copyright ©2018 Pangaia Limited. All rights reserved.