These terms and conditions (Terms) apply to your use of the website ohf.org.nz (Website). By accessing and using the Website you agree to these Terms and where your access is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. If you do not agree to these Terms, you are not authorised to access and use the Website.
The Open Home Foundation of New Zealand (we, us, our) may change these Terms at any time by updating them on our Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
These terms were last updated in August 2019.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 (Act). If you wish to seek further information on the Act, see www.privacy.org.nz.
If you fill in a contact form, we collect personal information from you (such as your name, email address, telephone number and location), and may use this personal information to communicate with you, perform statistical analyses, market our organisation to you, or for research and development. If you make a donation using online banking or by cheque, we will collect information about donation dates and amounts for our records and receipts. You may also be entitled to claim a tax credit for any donations at the end of the financial year. See https://www.ird.govt.nz/tasks/claim-tax-credits-for-donations for more information.
We may also collect technical information whenever you access the Website:
Generally, we do not share information about you with any third party without your express written consent. However, some of the circumstances in which we may do this are: (i) to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third-party supplier to host the Website); or (ii) when we are required to do so by law or court order. The Act gives you the right to access and correct any information we may hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org.
Ownership and copyright
This site is owned and operated by us. We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, videos and look and feel) and any network, system, software, data or material that underlies or is connected to the Website. No content or material on our site may be reproduced, adapted, distributed or used in any way without our prior written consent. However, you may print or download one copy of the materials on this site on any single computer for your personal, non-commercial use, provided you adhere to all copyright, trademark or other intellectual property rights and laws.
Exclusion of liability
Use of the Website is at your own risk. While we have taken reasonable care in the preparation of the content of this Website and have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy, or completeness of such information, or that such information is error free.
We do not accept liability for any loss of profits, savings, revenue or data, and any other claim, loss, liability and cost, including legal costs on a solicitor and own client basis (Loss) or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this Website including without limitation, where our liability for such Loss or damage arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
To the extent permitted by law and only to the extent the above paragraph of these Terms does not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
You agree to indemnify us against all Loss or damage we suffer or incur as a direct or indirect result of your failure to comply with these Terms (including any acts or omissions of you employees, contractors, or agents).
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss or damage, in connection with:
1 the Website being unavailable (in whole or in part) or performing slowly;
2 any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
3 any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
Linking to our Website
Third-party websites may link to this Website provided the following guidelines are adhered to:
1 If our logo is used, it must not be modified or altered in any way;
2 Reference must be to “The Open Home Foundation of New Zealand”; and
3 We make no guarantee that the Website pages will remain consistent. Pages may be removed, renamed or changed without notice.
Suspension and termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
For us to waive a right under these Terms, the waiver must be in writing.
If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.
All Terms relating to disclaimers, liability and intellectual property are intended to survive termination of these Terms and continue in force.