STOPTOBER is a public health campaign initiated by ASH and
supported by the Ministry of Health.
This document explains the Terms and Conditions (Terms) for use of the STOPTOBER website - www.stoptobernz.co.nz
(Website), how ASH and its
associated partners use any of the information you give to us, and the way we
protect your privacy. Protecting
the privacy and personal data of the visitors to and users of the Website is of
the utmost importance to us.
1.
Acknowledgment
and Acceptance of Terms
Your use of the Website is subject to these Terms. By using
the Website as a casual visitor, or by completing the registration form, you signify that
you accept these Terms and therefore it is important that you read them
carefully.
You may wish to print and/or save a downloaded copy of these
Terms on your computer for your reference. The Terms may be updated or added to,
from time to time. We will post the updated terms on the Website and they will
take effect on the date that is stated in the posting. Where we do not communicate an
alternative date, the changes will take place immediately. We recommend that
you check the Terms on the Website from time to time. If you disagree with any of the changes
that are made to the Terms, you may simply terminate your use of the Website.
2.
Definitions
In these Terms:
·
‘you’ or ‘your’
means you as a user of the Website;
·
‘we’, ‘us’
and ‘our’ refers to ASH -
Action on Smoking and Health, a New Zealand registered charity;
·
‘Partners’ means
our partners, sponsors, service providers and advertisers, and includes the
Ministry of Health; and
·
‘Website’ means
the website located at www.stoptobernz.co.nz.
3.
Registration
Use of the Website does not require registration and can be
accessed as a ‘casual visitor’. However, personal information may be required
to enable you to access certain services (Personal
Information). Personal Information is information that identifies you and that
you provide on registering for STOPTOBER. The Website may collect this through
your use of the registration form. Your Personal
Information will be collected, processed, stored and used by us, and passed to
and processed by us and other data processors acting under our (or our
partners’) instruction, in order to help us provide services, to provide
customer support and for other purposes described in our Privacy Policy. Please refer to our Privacy Policy for
information on how we collect, use and disclose your Personal Information.
4.
Your
responsibilities
You are responsible for all access to the Website using your
internet connection, even if the access is by another
person.
You are responsible for compliance with these Terms in your
use of the Website. You may use the Website for lawful purposes only. You may
not submit, download or transmit any material (including User Generated
Content), or otherwise engage in any conduct that actively causes or is
intended to:
·
breach any
third party's rights including, without limitation, copyright, patent rights,
trade mark rights, performer's rights, rights of confidence;
·
is
unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive,
fraudulent, invasive of another's privacy, tortious, or contains explicit or
graphic descriptions, or accounts of, sexual acts;
·
victimise,
harass, degrade, or intimidate an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
·
impersonate any
person, business or entity, including ASH, its Partners and our employees and
agents;
·
contain viruses
or any other computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment, or otherwise permit the unauthorised use of or access to a computer
or computer network;
·
encourage conduct
that would constitute a criminal offence, or that gives rise to civil
liability;
·
promote or sell
prohibited items such as lotteries, betting or wagering activities, ammunition,
firearms, tobacco, alcohol, adult products and services, and explosives;
·
violate these
Terms, acceptable usage guidelines or any policy posted on the Website; or
·
unjustifiably
interfere with others' use of the Website.
You may not use the Website in any manner that could damage,
disable, overburden, or impair our servers or networks, or interfere with any
other party's use and enjoyment of the Website. You may not attempt to gain
unauthorised access to the Website, user accounts, computer systems or
networks, through hacking, password mining or any other means. We may use any
technical and other legal remedies available to us to prevent any breach of, or
to enforce, these Terms.
5.
Changes
to the Website
We may change or discontinue the Website or any of its
features at any time without notice. We may impose general operating rules for
the Website. For example, we may establish limits on storing, uploading or downloading
any data or impose ‘time outs’ if you idle on the Website.
6.
No spam
You may not use the Website or any communication tools to
transmit, directly or indirectly, any unsolicited bulk communications
(including emails and instant messages). You may not harvest information about
users of the Website for the purpose of sending, or to facilitate the sending,
of unsolicited bulk communications. We may use any technical and other legal
remedies available to us to prevent unsolicited bulk communications from
entering, utilising, or remaining within networks.
7.
Content
The copyright in all content on the Website (Web Content) is the property of ASH,
and/or its partners. You may only use Web Content for personal, non-commercial
purposes and in accordance with these Terms and any other terms
which you may be notified of in relation to specific Web Content. You
may not circumvent any mechanisms for preventing the unauthorised reproduction
or distribution of Web Content.
Where we offer products and services, these are subject to
availability.
STOPTOBER Packs/Kits are restricted to two per household.
8.
Our
liability to you
The Website is provided without warranties of any kind and
your use of the Website is at your sole risk. ASH will, however, use reasonable
skill and care to provide and maintain the availability of the Website. The ASH
expressly excludes any warranty, representation or undertaking that you will be
able to access or use the Website at times or locations of your choosing. ASH
depends upon third parties over which it may have little or no control for the
delivery of the Website (for example, to deliver emails sent to and from
internet addresses). ASH is not liable for deletion, corruption or failure to
store any email messages or other content. ASH does not warrant that the
Website will be free from any virus, worm, trojan or
other malware or device intended to access and modify, delete or damage data
files or computer programs. The Website is a consumer service and not designed
to be used by you in connection with the conduct of your, or your employers' or
contractors', commercial activities. If you choose to do so, it is entirely at
your own, and your employer's or contractor's, risk.
In particular, ASH does not warrant to you that:
1. your use of the Website or Web Content will meet
your requirements;
2. your use of the Website will be uninterrupted,
timely, secure or free from error;
3. any information obtained by you as a result of your
use of the Website will be accurate or reliable;
4. that defects in the operation or functionality of
any software provided to you will be corrected; and
5. no conditions, warranties or other terms (including
any implied terms as to satisfactory quality, fitness for purpose or conformance
with description) apply to the Website except to the extent that they are
expressly set out in the Terms.
ASH shall not be liable for any loss which was not
reasonably foreseeable when you agree to these Terms, nor for any loss of data,
profit, revenue or business or wasted expenditure, howsoever caused, arising
from your use of the Website or for any other claim related in any way to the
STOPTOBER campaign. ASH does not endorse, warrant or guarantee any product or
service offered by a third party, and will not be a party to, or responsible
for monitoring, any transaction between you and such a third party. We shall
not be liable for any failure or delay in performance of our obligations under these
Terms caused by matters beyond our reasonable control.
Except expressly stated to the contrary in these Terms, ASH
shall not be liable to you for:
1. Any indirect or consequential losses which may be
incurred by you. This shall include any loss of profit (whether incurred
directly; any loss of goodwill or business reputation; any loss of opportunity;
or any loss of data suffered by you)
2. Any loss of damage which may be incurred by you as a result of:
-
any reliance placed by you on the completeness, accuracy or existence of
content on the Website;
-
any changes which ASH may make to the content of the Website, or for any
permanent or temporary cessation in the
provision of the Website (or any features within the Website);
-
the deletion of, corruption of, or failure to store any content of the Website
and other communications
data maintained or transmitted by or through your use of the Website;
-
your failure to provide ASH with accurate account information; or
-
your failure to keep your password or account details secure and confidential.
Notwithstanding anything stated in these Terms, nothing in
the Terms is intended to exclude or limit any liability that may not by law be
excluded or limited and, in particular, none of the exclusions and limitations
herein are intended to limit any rights you many have as a consumer under New
Zealand law or other statutory rights which may not be excluded, nor in any way
exclude or limit our liability to you for death or personal injury resulting
from our negligence or that of our employees or agents.
9.
Indemnification
You agree to defend, hold harmless and indemnify ASH and its
partners against all liabilities, claims and expenses, including reasonable
legal fees that arise from any infringement of third party intellectual
property or other rights resulting from any breach of these Terms for which you
are responsible. ASH reserves the right, at its own expense, to assume the
exclusive defence and control of any matter subject to indemnification by you.
In that event, you shall have no further obligation to provide indemnification
for the ASH in that matter.
10. Termination
Save as otherwise expressly provided in any additional terms
governing the use of specific services provided on our Website, we do not
charge you for use of the Website, and as a consequence, we may cancel or
suspend use of the Website at any time, without cause and without notice.
If, following an opt-in, you wish to terminate your
relationship with the Website you may email the STOPTOBER team at [email protected]
11. Changes to these Terms
We may change these Terms from time to time. We will post
the updated Terms on the Website, and any changes will take effect immediately
or on a date which is nominated in the posting or in a notice
we send to you. Your on-going use of the Website after the changes take effect
signifies your agreement to the updated Terms. You are responsible for
regularly reviewing the Terms and any other terms posted on the Website. If you
disagree with the changes that are made to these Terms, you may simply
terminate use of the Website as provided above at 10.
12. Disputes, comments and complaints
If you have a comment or complaint about STOPTOBER or the
Website, please contact us at [email protected].
13. Notices
You agree that we may send to you in electronic form any
notices, disclosures, reports, documents or other communications relating to
the Website (collectively, ‘Notices’).
We can send you Notices:
·
to the
email address that you provided to us during registration for this purpose, or
·
by posting
the Notice on the Website.
Any Notice from us shall be deemed effective the day it is
sent or posted by us.
14. Entire agreement
These Terms, together with other documents and agreements
referred to or entered into under it, constitutes the entire agreement between
you and us relating to the Website.
15. General
Assignment
We may assign our rights and obligations under these Terms
to any third party, which is to provide the Website (or part of it) at any time
without Notice to you. You may not assign you rights and obligations under
these Terms to any one else.
Third parties
You agree that these Terms are not intended to confer and do
not confer any rights or remedies upon any person other than the parties to these
Terms.
Severance
The invalidity, illegality or unenforceability of any
provision of these Terms shall not affect or impact the continuation in force
of the remainder of the Terms.
No waiver
If you or we fail to exercise any right or remedy under the
Terms, that failure will not operate as a waiver of that right or remedy, or
prevent it from being exercised subsequently.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of New
Zealand and you agree to submit to the exclusive jurisdiction of
the Courts of New Zealand.
Notwithstanding this, you agree that ASH shall still be
allowed to apply injunctive remedies (or equivalent types of urgent legal
remedy) in any jurisdiction.