Terms and Conditions

Privacy Act 1993

Email communications and web activity may be monitored from time to time to support operational, maintenance, auditing, security and investigative activities. The Privacy Act 1993 governs the collection and use of information held by htwnyouth.co.nz for the purposes of its management and administration. Personal information held for these purposes must not be used for other purposes. Release of personal information otherwise than in accordance with the terms of the Privacy Act is still prohibited.

1 General

1.1 Welcome to htwnyouth.co.nz web site. You can visit our Internet site without telling us who you are. The amount of information that you provide to use will depend on the range and number of services that you choose to use. It is our intention to inform you before we collect personal information from on the Internet. By visiting the Htwnyouth.co.nz Internet site, you are accepting the practice described in this Privacy Policy.

2 Collection of Information

2.1 Htwnyouth.co.nz recognises that personal information is very important to you, and that you should have a right to control the use and dissemination of that information. Information collected by Htwnyouth.co.nz will only be disclosed in accordance with the terms of this Privacy Policy.

2.2 Htwnyouth.co.nz may collect personal information from you including your first and last name, address, telephone and mobile number(s) and any other information you knowingly provide us. This will generally occur when you either:

(a) visit our web site;

(b) enter into a competition or promotion;

(c) participate in a survey;

(d) subscribe to our mailing list;

(e) request information

2.3 Specifically we collect the following information from our Internet site:

2.3.1 Statistical Information

We collect statistical information regarding the use of the Internet site. This collection includes your computer’s Internet Protocol (IP) address and the date and time of your visit. This information is collected to provide us with information about the use of our site and to help it maintain and develop the site to provide better information to users.

3 Use and Disclosure

3.1 Htwnyouth.co.nz will not use or disclose, and will use reasonable precautions to prevent the use or disclosure of, information provided by a user to our internet site for a purpose other than the primary purpose of collection, except to the extent:

(a) that you have consented to the use of the information for the secondary purposes;

(b) that Htwnyouth.co.nz has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;

(c) required or specifically authorised by law;

(d) provided in co-operation with any governmental authority.

3.2 Htwnyouth.co.nz website may use the personal information that you submit to store and process information in order to provide goods and services. Generally, we may use your personal information in ways in which you would expect, including, but not limited, to any of the following purposes:

(a) to allow you to participate in forums and polls;

(b) to determine the number of visitors to our website and conduct reviews of our sites;

(c) to fulfil prizes

(d) to respond to specific requests from visitors;

(e) to keep you informed about any changes to our website;

(f) to conduct marketing research; and

(g) to now and again send you information on events and services that we consider will be of interest to you.

3.3 We occasionally hire other companies to provide limited services on our behalf, including mail and/or texts, answer customer questions about services, or processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

3. Third Party Disclosure

3.1 Htwnyouth.co.nz may share statistics and personal information between themselves and companies that are related to Htwnyouth.co.nz.

3.2 Personal information that you submit to Htwnyouth.co.nz may be disclosed to a third party such as:

(a) to meet the purpose for which it was submitted;

(b) if you have provided your express consent to share the information;

(c) If you personal information is collected in connection with a join promoter, to that joint promoter, for marketing and research purposes;

(d) If Htwnyouth.co.nz feel you might like to know about a third party’s good and services we may supply your personal information to that third party.

4 Access and Correction

4.1 Htwnyouth.co.nz will take reasonable steps to ensure that the personal information collected is accurate, completed and up-to-date.

4.2 Where Htwnyouth.co.nz collects information from you, we will provide you with access to your information at your request except to the extent that:

(a) the request for access is frivolous or vexatious;

(b) providing access would have an unreasonable impact on the privacy of others;

(c) the information relates to existing legal dispute resolution proceedings between you and Htwnyouth.co.nz, and the information would not be accessible by the process of discovery in those proceedings.

4.3 Htwnyouth.co.nz will not collect, use or disclose sensitive information (such as information on racial or ethnic origins, or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Australian and New Zealand Privacy Laws.

5 Security

5.1 Htwnyouth.co.nz acknowledges that security is of paramount concern to you and stores your personal information in secure environments to safeguard it from misuse, disclosure, alteration or destruction.

5.2 By using the Htwnyouth.co.nz Internet site you agree that the Internet is inherently insecure and that accordingly Htwnyouth.co.nz can only use its best efforts to secure your personal information and cannot provide any definitive assurance regarding security of personal information. Htwnyouth.co.nz will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

6 Changes to Privacy Policy

6.1 Htwnyouth.co.nz may, without notice, amend or modify this Privacy Policy by posting the amended Privacy Policy to the Htwnyouth.co.nz Internet Site.

TERMS AND CONDITIONS

1. The Service

1.1 We provide a service allowing individuals to access and browse information (the Service).

1.2 We agreed to provide the Service to you on condition that you accept the terms and conditions set out in this document and those set out in our privacy policy for the Service which can be viewed on this website (‘Terms and Conditions’)

1.3 The Terms and Conditions may be updated at any time with or without notice to you and the most current version will be posted on the Site.

1.4 By using the Service you are deemed to have accepted the Terms and Conditions.

2 Your Obligations

2.1 In return for us allowing you to use the Service, you agree:

(a) to provide true, accurate, current and complete information about yourself (including any credit or debit card information) (‘the Personal Information’) and;

(b) maintain and promptly update the information provided to us to keep it true, accurate, current and completed.

2.2 If you provide any information that is untrue, in accurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Service.

3. Privacy Policy

3.1 Personal Information and certain other information about you is subject to our Privacy Policy. You should be aware that, by agreeing to these Terms and Conditions, you acknowledge that we may use this information in accordance with the terms of our Privacy Policy.

4. Use of the Service

4.1 You warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by the Terms and conditions. In particular, you agree not to use the Service to:

4.1.1 Manipulate or otherwise alter identifiers in order to disguise the origin of any communication transmitted through the Service;

4.1.2 Disrupt or interfere with the operation of the Service, the web site which hosts the Service or any servers or networks connected to this web site;

4.1.3 Contravene any law whether New Zealand or international;

4.1.4 Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service, use of the Service or access to the Service; or

4.1.5 Collect or store personal data about other users of the Service.

4.2 You accept that the technical processing and transmission of the Service, may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. Ownership and use of Proprietary Rights

5.1 We own all copyright in all features of the Service (including, without limitation, the design of the web site, all logos, text and graphics on the web site), except such features which are owned by third parties (including Businesses). No material may be reproduced, copied or transmitted in any form without the prior written consent of youth website or its licensors except as permitted by the Copyright Act 1994.

5.2 We also own all software used in connection with the Service except such software which is owned by third parties (‘the software’).

5.3 We will grant you a personal, non-transferable and non-exclusive right and licence (or sub-licence in the case of third party rights which have been licensed to us) to use the object code of the Software for the purpose of accessing the Software, provided that you do no (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Software or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

6. Indemnity

6.1 You hereby agree fully to indemnify, keep indemnified and hold us or any of our officers, employees, agents, sub-contractors and affiliated companies harmless from and against any and all costs, claims, losses, damages or liability and expenses (including, but not limited to, legal fees) made by any third party in any jurisdiction due to or arising out of your use of the Service, your connection to the Service, your breach of these Terms and Conditions or any other breach by you of any third party rights.

7. Modification, suspension and termination of service

7.1 We reserve the right at any time and from time to time in our sole discretion and with or without notice to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or your individual use of the Service. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

7.2 Our rights under this section are in addition and without prejudice to all of our other rights and remedies.

8. Use and Storage

8.1 You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limit at any time, in our sole discretion, with or without notice.

9. Third Party Links

9.1 From time to time the Service may contain links to web sites operated by parties other than us. These links are provided for your convenience only and may be provided by us or by other Users of the archive of which you are a member. We have no control over these web sites and are not responsible for the content of such web sites. By offering you these links, we do not either impliedly or expressly endorse anything contained on such web sites or have any association with the operators of such web sites. We also expressly exclude liability for any inaccurate, offensive, defamatory or obscene material which appears on these sites.

10. Disclaimer of Warranties

10.1 You expressly understand and agree that your use of the Service is at your own risk. The Service is provided on an ‘as is’ and ‘as available’ basis. We expressly make no warranties of any kinds as to the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10.2 In particular, we make no warranty that:

(i) the Service will meet your requirements

(ii) the Service will be uninterrupted, timely, secure or error-free

(iii) the results that may be obtained from your use of the Service will be accurate or reliable

(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations,

(v) any errors in the Software will be corrected and

(vi) the Site is virus free or the Site contains anything which may have destructive properties.

10.3 Any content downloaded or otherwise obtained through the use of the Service is done so at your own discretion and risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of any such content.

10.4 To the extend permitted by law, Youth Website excludes all warranties as to and responsibility for the accuracy, completeness or suitability of the information on this Internet site or any linked site or for any error or omission in that information; and will not be liable for any loss or damage suffered or incurred by any person arising from the use of or reliance on the information, material or data contained on this site or any linked Internet site.

11 Limitation of Liability

11.1 In no event shall we be liable for any damages whatsoever arising from your use of the Service including damages for loss of data, loss of profits or loss connected with the use or performance of the Service or for the delay or inability to use the Service or for information products or services obtained through the Service, except that nothing under the Terms and Conditions shall limit our liability for any fraudulent statement or for personal injury or death caused by our negligence.

12 Exclusions and Limitations

12.1 Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in Sections 11 and 12 may not apply to you.

13 General

13.1 Notices to you may be made via either email or standard mail or text. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service.

13.2 No waiver by us of any breach of the Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or of any other provision.

13.3 The Terms and Conditions shall govern your access to the Service to the exclusion of any other terms and conditions.

13.4 If any provision of these Terms and Conditions or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.

13.5 Your rights and obligations under the Terms and Conditions are personal to you and you undertake that you shall not no purport to assign, lease, charge, sub-license or otherwise transfer such rights and obligations in whole or in part.

13.6 We shall not be liable for any loss suffered by you or be deemed to be in default for any delays or failures in performance hereunder resulting form acts or causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working.

13.7 Section headings have been included for convenience only and shall no be considered part of, or be used in interpreting the Terms and Conditions.

13.8 The Terms and Conditions shall be governed by the laws of New Zealand and both you and us agree to submit to the exclusive jurisdiction of the Courts of New Zealand.

14. Interpretation

14.1 The following words and phrases shall have the following means in the Privacy Policy and Terms and Conditions.

We, Us and Our:

The Cool things for Youth to do Trust and the Htwnyouth.co.nz Council

You, Your and Yourself:

You the individual who wishes to use the Service.