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Terms of service

1. Introduction and Acceptance of Terms

Welcome to the website of the Aotearoa New Zealand Human Rights Foundation (referred to as "the Foundation", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website at https://humanrights.co.nz (the "Website") and any services, content, and features we provide through the Website.

By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Website.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Website with a new effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

2. About the Foundation

The Aotearoa New Zealand Human Rights Foundation is an independent non-governmental organisation established in December 2001 as a registered charity (CC22917). We promote and defend human rights in Aotearoa New Zealand and abroad through research-based education and advocacy. Our work includes:

  • Making submissions on legislation with human rights implications
  • Monitoring New Zealand's compliance with international human rights obligations
  • Publishing research and educational materials
  • Engaging in advocacy campaigns
  • Providing information and resources on human rights issues

3. Use of the Website

3.1 Permitted Use

You may use our Website for lawful purposes only and in accordance with these Terms. Specifically, you agree to use the Website:

  • To access information about human rights and the Foundation's work
  • To subscribe to our newsletter and communications
  • To make donations and support our work
  • To engage with our content and campaigns
  • To contact us with inquiries or feedback

3.2 Prohibited Conduct

You agree not to:

  • Use the Website in any way that violates any applicable laws or regulations
  • Use the Website to transmit or distribute viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
  • Interfere with or disrupt the Website or servers or networks connected to the Website
  • Use any robot, spider, scraper, or other automated means to access the Website without our express written permission
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Harass, abuse, threaten, defame, or otherwise infringe upon the rights of others
  • Use the Website to collect or harvest personal information about other users
  • Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Post or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
  • Engage in any activity that could damage, disable, overburden, or impair the Website

4. User Accounts and Registration

4.1 Account Creation

Some features of our Website may require you to create an account or register. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4.2 Account Termination

We reserve the right to suspend or terminate your account and access to the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

5. Donations and Financial Transactions

5.1 Donations

When you make a donation through our Website, you agree that:

  • All donations are voluntary and non-refundable except as required by law
  • Donations are processed through secure third-party payment processors
  • You will receive a receipt for tax purposes as required by New Zealand law
  • The Foundation will use donations to support its charitable purposes as described on the Website

5.2 Payment Processing

We use third-party payment processors to handle financial transactions. Your use of these services is subject to their terms and conditions and privacy policies. We are not responsible for the practices of these third-party payment processors.

5.3 Tax Deductibility

As a registered charity (CC22917), donations to the Foundation may be tax-deductible under New Zealand law. You should consult with your tax advisor regarding the deductibility of donations.

6. Intellectual Property Rights

6.1 Our Content

All content on the Website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Foundation or its content suppliers and is protected by New Zealand and international copyright, trademark, and other intellectual property laws.

The Foundation's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation. You must not use such marks without our prior written permission.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for personal, non-commercial purposes only. This license does not include any right to:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on our Website, except as permitted for personal, non-commercial use
  • Use any content for commercial purposes without our express written consent
  • Remove or modify any copyright, trademark, or other proprietary rights notices

6.3 User-Generated Content

If you submit, post, or transmit any content to the Website (such as comments, feedback, or suggestions), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

You represent and warrant that you own or have the necessary rights to the content you submit and that such content does not violate any third-party rights or applicable laws.

7. Newsletter and Email Communications

7.1 Subscription

You may subscribe to our newsletter and email communications through the Website. By subscribing, you consent to receive emails from us about our work, events, campaigns, and fundraising activities.

7.2 Unsubscribing

You may unsubscribe from our email communications at any time by clicking the unsubscribe link in any email we send you or by contacting us directly. Please note that even if you unsubscribe from marketing communications, we may still send you administrative or transactional emails related to your donations or account.

7.3 Compliance with Anti-Spam Laws

Our email communications comply with the Unsolicited Electronic Messages Act 2007. We do not send unsolicited commercial electronic messages without consent.

8. Third-Party Links and Services

8.1 External Links

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by the Foundation. We provide these links for your convenience only.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

8.2 Social Media

We may maintain pages or accounts on social media platforms such as Facebook, Twitter, LinkedIn, and Instagram. Your interactions with us on these platforms are governed by the terms and conditions and privacy policies of those platforms.

9. Disclaimer of Warranties

9.1 "As Is" Basis

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY NEW ZEALAND LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • Warranties THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE

9.3 Information Not Legal Advice

The information provided on our Website is for general informational and educational purposes only and does not constitute legal advice. You should not rely on information from the Website as a substitute for professional legal advice. If you require legal advice, you should consult with a qualified legal professional.

10. Limitation of Liability

10.1 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY NEW ZEALAND LAW, THE FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Loss of or damage to property
  • Personal injury or death
  • Business interruption
  • Loss of goodwill or reputation

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Maximum Liability

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR NZ$100, WHICHEVER IS GREATER.

10.3 Consumer Guarantees Act

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Consumer Guarantees Act 1993 or other New Zealand consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Foundation, its directors, officers, employees, volunteers, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

  • Your use of the Website
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any content you submit, post, or transmit through the Website

12. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Privacy Act 2020. By using the Website, you consent to our collection and use of your personal information as described in the Privacy Policy.

13. Copyright Infringement and Takedown

13.1 Reporting Copyright Infringement

If you believe that any content on our Website infringes your copyright, please contact us with the following information:

  • A description of the copyrighted work you claim has been infringed
  • The location on the Website where the allegedly infringing content appears
  • Your contact information (name, address, telephone number, and email address)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

13.2 Our Response

We will investigate all legitimate copyright infringement notices and may remove or disable access to content that is found to be infringing.

14. Governing Law and Jurisdiction

14.1 New Zealand Law

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.

14.2 Jurisdiction

You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand for any dispute, claim, or matter arising out of or relating to these Terms or your use of the Website. However, we retain the right to bring proceedings in any other court of competent jurisdiction.

14.3 International Use

The Website is controlled and operated from New Zealand. We make no representation that the Website or its content is appropriate or available for use in other locations. If you access the Website from outside New Zealand, you are responsible for compliance with all applicable local laws.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms informally by contacting us.

15.2 Mediation

If we are unable to resolve a dispute informally within 30 days, either party may refer the dispute to mediation. The parties will cooperate in good faith to select a mutually acceptable mediator.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Foundation.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Foundation regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder at any time without your consent or notice to you.

20. Survival

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

21. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

22. Accessibility

We are committed to making our Website accessible to all users. If you experience any difficulty accessing any part of our Website, please contact us so that we can assist you.

23. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us:

Human Rights Foundation of Aotearoa New Zealand
Email: [email protected]
Website: https://humanrightsfoundation.org.nz

24. Acknowledgment

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

New Zealand Human Rights Foundation