1. CONTENT OF THE SITE
(a) We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
(b) You acknowledge that the Content on the Site is liable to change at any time.
(c) We have done everything we can to gain the approval of the subjects prior to capturing their photographs. In some cases, where practical, we have gained written approval. However the language barrier has presented some problems. All images have been scrutinised for cultural sensitivity by the National Tourism Authority. Any legitimate complaint received in writing about the inappropriate availability of an image or a subject is likely to result in it being withdrawn from this site.
2. YOUR USE OF THE SITE
(a) You must not:
(i) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(ii) reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
(iii) violate any Applicable Law relating to your use of the Site; or
(iv) collect or store personal data about other users of the Site.
(b) In these terms and conditions, Applicable Law in relation to any person,action or thing means the following in relation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
3. LINKS AND ADVERTISEMENTS
(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the descriptions or information supplied to us.
(b) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
(a) During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies". By using this site you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from
5. USE OF THE SITE IS AT YOUR RISK
(a) Subject to paragraph (b), you use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
(b) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
6. LIMITATION OF LIABILITY
(a) To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the Content is limited to the following, the choice of
which is at our sole discretion:
(i) In the case of goods any one or more of the following:
(A) the replacement of the goods or the supply of equivalent goods;
B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
(b) To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(c) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
7. GENERAL PROVISIONS
(a) If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) This agreement is governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia
The Tourism Corporation of the Cook Islands and Kirklandphotos considers the responsible use of personal information to be of vital importance. Both organisations are committed to respecting your privacy.
In general, you can visit Kirklandphotos.com website without telling us who you are or revealing any personal information about yourself. However there are times when we may need information from you such as when you receive information from us. This information may include your name,
home or business address and e-mail address. Kirklandphotos.com will seek to let you know before we collect any personal information from you over the Internet. No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law
enforcement agency may exercise a warrant to inspect server logs. The statistics and log files may be preserved indefinitely and used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the information supplied by Kirklandphotos.com.
Once we receive information from you via e-mail or any other means, the information is in a secure environment. Your personal information will not be released unless the law permits it or your permission is granted. You need to be aware of inherent risks associated with the transmission of information via the Internet.