Terms of Use

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Website Use Terms & Conditions

1. Introduction

Welcome to the Burnett Foundation Aotearoa website. These terms and conditions explain the terms that apply to your use of the following Burnett Foundation Aotearoa websites (our Websites):

burnettfoundation.org.nz
www.pamoja.co.nz
any other website operated by Burnett Foundation Aotearoa from time to time.

If you would like to contact us in relation to these terms and conditions or our Websites, please email us at the details set out in the Contact Us section below.

2. Application and updates

2.1 Access to and use of our Websites is subject to:

(a) the terms and conditions set out and referred to below;
(b) any specific terms that are notified to you on our Websites; and
(c) our Privacy Policy,
each as amended from time to time.

2.2 Please read the Website Terms carefully each time you visit our Websites. By accessing and using our Websites you are deemed to confirm that you have read, understood and agreed to be bound by these Website Terms. If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, our Websites. If, in our reasonable opinion, you have breached any of our Website Terms, we may immediately suspend or block your access to any of our Websites.

2.3 We may update these Website Terms (or any part of them) at any time by posting an updated version on our Websites. The updated version of these Website Terms will take effect immediately upon such notice. We may also take additional steps to bring the changes to your attention, including by notifying you directly. You are responsible for reviewing these Website Terms regularly to ensure that you are aware of any updates.

2.4 We may change the format, content and/or functionality of any part of our Websites at any time.

3. Use of our Websites

3.1 You must:

(a) review and comply with any eligibility criteria (such as age restrictions) notified to you when you use any of our Websites; and
(b) only use our Websites for your own personal, non-commercial use.

3.2 You must not:

(a) use a Website to in any way infringe the privacy or other rights of other users of our Website or any third party;
(b) use a Website in any way that breaches any applicable laws or that may cause distress, harm or inconvenience to any other person;
(c) data mine, screen or web scrape or crawl any Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent;
(d) misuse or do anything that disrupts all or any part of our Websites, including knowingly introducing software viruses, trojans, worms or other material that may be harmful; or
(e) state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to our Websites.

3.3 All information contained on our Websites is provided for general information purposes only. It is not intended to be relied on, nor a substitute for your own judgement or for advice (including medical advice). We do not guarantee that any information provided on our Websites is accurate, complete, up to date or suitable for your intended use.

4. Security

4.1 Security of your information and your use of our Websites is very important to us. We will take reasonable technical and organisational precautions to protect our Websites and the information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee that our Websites or any information that we hold or that you transmit to us will be secure or free from bugs or viruses.

4.2 You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.

5. Exclusion of our liability

5.1 To the extent permitted by law:

(a) our Websites are provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
(b) in no event will we be liable under contract, tort (including negligence) or otherwise in connection with: (i) your access to, use of, inability to use or reliance on our Websites; or (ii) any information contained in, accessed or provided to us through our Websites.

5.2 You acknowledge that access to our Websites is provided at no charge and accordingly the exclusions of liability set out in this clause is fair and reasonable.

5.3 Our Websites may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.

5.4 If you link our Websites to your website, you must remove the link at our request.

6. Intellectual property rights

6.1 We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Websites and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).

6.2 Unless otherwise indicated, the material available on our Websites is protected by copyright. You can reproduce this material to your own computer for your personal use free of charge without further permission, as long as you:

(a) reproduce the material accurately;
(b) do not use the material in a derogatory manner or a misleading context; and
(c) acknowledge the source and copyright status of the material.
You may not post or redistribute any portion of our Website unless you have a license from us to do so.

7. Important Notice: New Zealand residents

7.1 Our Websites and Services are intended for New Zealand residents only. If you are located in another country you may be subject to other laws, including data protection laws. For that reason, if you are not located in New Zealand you are not permitted to use, and must immediately cease using, our Website and Services.

8. General

8.1 These Website Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.

8.2 These Website Terms constitute the entire agreement between you and us relating to our Websites.

8.3 If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect. Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.

8.4 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; (c) a word importing the singular includes the plural and vice versa; (d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes; (e) “including” (and similar expressions) will be construed as “including, without limitation”; and (f) the singular includes the plural and vice versa.