| Welcome to the Sports Chaplaincy New Zealand terms and conditions, which
apply to your use of the Sports Chaplaincy New Zealand Website. By accessing
this Website, you agree to be bound by them.
DEFINITIONS "Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you via the Website;
"User(s)" means (a) user(s) of the Website either collectively or individually,
as the context requires; "We/us/our" means Sports Chaplaincy New Zealand,
"Website" means the website located at http://www.nz.sportschaplaincy.com or
any subsequent URL which may replace it; and "You/your" means you as a user of
the Website.
1 ACCESS We will provide you with access to the Website in accordance with
these Conditions.
2 YOUR OBLIGATIONS 2.1 You: 2.1.1 agree not to use the Website (or any
part of) for any illegal purpose and agree to use it in accordance with all
relevant laws; 2.1.2 agree not to upload or transmit through the Website any
computer viruses, macro viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures of a
computer; 2.1.3 will not upload or transmit through the Website any material
which is defamatory, offensive, or of an obscene or menacing character, or that
may cause annoyance, inconvenience or needless anxiety; 2.1.4 will not use
the Website in a way that may cause the Website to be interrupted, damaged,
rendered less efficient or such that the effectiveness or functionality of the
Website is in any way impaired; 2.1.5 will not use the Website in any manner
which violates or infringes the rights of any person, firm or company
(including, but not limited to, rights of intellectual property, rights of
confidentiality or rights of privacy); 2.1.6 agree that in the event that you
have any right, claim or action against any Users arising out of that User's use
of the Website, then you will pursue such right, claim or action independently
of and without recourse to us.
3 INDEMNITY 3.1 You agree to be fully responsible for (and fully indemnify
us against) all claims, liability, damages, losses, costs and expenses,
including legal fees, suffered by us and arising out of any breach of the
Conditions by you or any other liabilities arising out of your use of the
Website, or the use by any other person accessing the Website using your PC or
internet access account.
4 OUR RIGHTS 4.1 We reserve the right to: 4.1.1 modify or withdraw,
temporarily or permanently, the Website (or any part of) with or without notice
to you and you confirm that we shall not be liable to you or any third party for
any modification to or withdrawal of the Website; and/or 4.1.2 change these
Conditions from time to time, and your continued use of the Website (or any part
of) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change to the Conditions then you
must immediately stop using the Website. 4.2 We will use our reasonable
endeavours to maintain the Website. The Website is subject to change from time
to time. You will not be eligible for any compensation because you cannot use
any part of the Website or because of a failure, suspension or withdrawal of all
or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS In an attempt to provide increased value to our Users,
we may provide links to other websites or resources. You acknowledge and agree
that we are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable, directly or
indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of such websites, including (without
limitation) any advertising, products or other materials or services on or
available from such websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or reliance
on any such content, goods or services available on such external sites or
resources.
6 MONITORING We have the right, but not the obligation, to monitor any
activity and content associated with the Website. We may investigate any
reported violation of these Conditions or complaints and take any action that we
deem appropriate (which may include, but is not limited to, issuing warnings,
suspending, terminating or attaching conditions to your access and/or removing
any materials from the Website).
7 YOUR DATA 7.1 We respect your personal information and undertake to
comply with applicable New Zealand legislation under the privacy act. 7.2 You
should be aware that: 7.2.1 if we are requested by the police or any
regulatory or government authority investigating suspected illegal activities,
or upon receipt of a court order, to provide your Personal Information and/or
information concerning your activities whilst using the Website we shall do so;
and 7.3 We reserve the right in our reasonable discretion to disclose
details of your use of the Website in relation to any, or any threatened, Court
Proceedings in connection with your use, or the use of anyone under your
control, of the Website whether in connection with the matters set out in these
Conditions or otherwise.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE 8.1 You acknowledge and agree
that all copyright, trademarks and all other intellectual property rights in all
material or content supplied as part of the Website shall remain at all times
vested in us or our licensors. You are permitted to use this material only as
expressly authorised by us.
9. LIMITATION OF LIABILITY 9.1 WHILE WE WILL USE REASONABLE ENDEAVOURS
TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO
WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. 9.2 The
Website is provided on an "as is" and "as available" basis without any
representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind,
whether expressed or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security, accuracy, condition or completeness, or any implied warranty arising
from course of dealing or usage or trade. 9.3 Unless specified in separate
terms and conditions related to a particular product or service, we make no
warranty that the Website or products or services offered on the Website whether
by us or on our behalf (including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the Website or the server that makes it
available or products or services offered on the Website whether by us or on our
behalf (including free software downloads) are free of viruses or bugs or are
fully functional, accurate, or reliable. We will not be responsible or liable to
you for any loss of content or material as a result of uploading to or
downloading from the Website. 9.4 Notwithstanding any other provision in the
Conditions, nothing shall limit your rights as a consumer under New Zealand law.
9.5 You acknowledge that we cannot guarantee and therefore shall not be in
any way responsible for the security or privacy of the Website and any
information provided to or taken from the Website by you. 9.6 We will not
be liable in contract, tort or otherwise if you incur loss or damage connecting
to the Website through a third party's hyper-text link. 9.7 We will not be
liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent misrepresentations)
or otherwise out of or in connection with the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) for: 9.7.1 any economic losses (including without limitation
loss of revenues, profits, contracts, business or anticipated savings); or
9.7.2 any loss of goodwill or reputation; or 9.7.3 any special or indirect
or consequential losses; in any case whether or not such losses were within the
contemplation of either of us at the date on which the event giving rise to the
loss occurred. 9.8 Nothing in the Conditions shall exclude or limit our
liability for death or personal injury resulting from our negligence or that of
our servants, agents or employees.
10 SEVERANCE If any part of the Conditions shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall be deemed to be
severable from these Conditions and shall not effect the validity and
enforceability of any of the remaining provisions of the Conditions.
11 WAIVER Nothing shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
12 SURVIVAL Each provision of these Conditions shall be construed as
separately applying and surviving even if for any reason one or other of those
provisions is held to be inapplicable or unenforceable in any circumstances.
13 ENTIRE AGREEMENT These Conditions (as amended from time to time)
contain the entire agreement between you and us relating to the subject matter
covered and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters. No
oral explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
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