Terms and Conditions for the UNICEF Aotearoa New Zealand Websites
These Terms apply to the entire content of our websites, including our social media pages, and to any correspondence by email between UNICEF Aotearoa New Zealand (us, we, our, or UNICEF) and you.
Last updated on 09/8/2021
By accessing and using www.unicef.org.nz (the Website) you agree to be bound by the following terms and conditions of use (the Terms). If you do not agree to the Terms, please do not use the Website or our social media sites (the/our Websites).
We may from time to time alter or modify the Terms and will notify you of this by updating the “last updated date” at the top of this page. Please check these Terms on each occasion you use the Website/s. By continuing to access and use the Websites, you agree to be bound by the amended Terms.
If you are under 18, be sure to get a parent or guardian to read through these Terms and to discuss them with you.
If you do not accept these Terms (note in particular terms 5 and 6) please don’t use or order from our Websites. If you visit or use any of our Websites you will be bound by these Terms.
1. Using our websites
You agree to only use our site in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our sites (including, without limitation, by hacking). We reserve the right in our sole discretion to deny any user access to our Websites without prior notice.
Without limiting the paragraph above, you agree that you will not:
- Interfere with or disrupt networks connected to the Websites or while accessing the Websites conduct yourself in a manner that will or is reasonably likely to negatively affect the Websites or other users;
- Attempt to modify, reverse engineer or reverse-assemble any part of our Websites;
- Attempt to gain unauthorised access to any restricted section of the Websites through password mining or any other means;
- Violate any applicable laws or regulations;
- Post or transmit to the Websites any material which is false, misleading, deceptive, likely to mislead or deceive, defamatory, hateful, abusive, discriminatory, vulgar, threatening, invasive of a person's privacy, or which you do not have the right to post or otherwise infringes third party rights; or
- Introduce any harmful code including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
If you post or transmit to any of our Websites any material of the type prohibited under term above and we incur any costs, expenses, liability or losses as a result then you agree to indemnify us for all such costs, expenses, liability or losses. If you post or transmit any material to any of our Websites:
- you grant us the right to use, reproduce, modify and publish such material elsewhere in our Websites and publications; and
- you grant us the right to use the name that you submit in connection with such content.
We may remove or edit any material or posting you make on any of our Websites at any time.
Whilst we encourage our supporters to campaign on the issues referred to on our Websites, please do not imply that you are taking action on behalf of UNICEF Aotearoa and in particular do not state that UNICEF Aotearoa is taking, or proposes or is considering taking, action against individuals or organisations, for example, a boycott of a company’s products.
2. Social media
Our use of social media serves as an extension of our web presence. Social media accounts are public and are not hosted on our servers. Users who choose to interact with us via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications you use to access them. You should also read our social media policies and notices. We use Facebook, Twitter, LinkedIn, Youtube and Instagram.
Intellectual Property Rights
You acknowledge that all copyright, trademarks and other intellectual property rights in our Websites and all photographs, footage, designs, images, text, software, data and other material in our Websites or generated by our Websites are owned by us or our licensors. You are permitted to use the Websites and this material only as expressly authorised by us.
You are permitted to print and download extracts from our Websites for your personal non-commercial use and for private study or teaching purposes, provided in each case that:
- copyright and source indications are also printed and copied;
- the extracts are not used as part of any other publication and any intellectual property rights in any modifications made to the extracts are owned by us;
- the extracts are not used in a derogatory or misleading way; and
- the extracts are not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our charitable objects.
No other use of material in our Websites may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:
- incorporate any material from our Websites in any other work or publication, whether in hard copy or electronic form; or
- make any commercial use or publication of any material on our Websites (other than as necessary for the purpose of viewing the sites in the course of business).
The photographic, text and other graphic images within any products or publications supplied to you as a result of any request from you may be copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.
The UNICEF name and logo are protected under the Paris Convention. Other logos and names used on our Websites may be trade marks owned by us or our licensors. No permission is given by us in respect of the use of any such trade marks, names or logos and such use may constitute an infringement of the holder’s rights.
If you wish to use any material from any of our Websites other than in accordance with Terms above, please email your request to [email protected]. Any rights not expressly granted in these Terms are reserved.
The information provided in our Websites is intended to provide general information only and, as such, should not be considered as a substitute for professional advice covering any specific situation. While we endeavour to ensure that the information on our Websites is correct, to the extent permitted by law, we do not warrant the accuracy and completeness of that information. We may make changes to the material on our Websites at any time without notice.
We take every reasonable care to ensure that all donations and subsequent transactions are conducted via a secure link. However, the security of information and payments transmitted via the Internet cannot be guaranteed and, as we are not responsible for the operation of the secure link we will not, unless we are negligent, to the extent permitted by law, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via that secure link.
To the extent permitted by law, we do not make any warranties or guarantees about the Websites and in particular, do not warrant that the functions contained in our Websites will be uninterrupted or error free, that defects will be corrected, or that our sites or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials.
To the maximum extent permitted by law, we will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our Websites, their content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.
We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where loss or damage was not reasonably foreseeable to both you and us when you commenced using our site; loss or damage was not caused by any breach by us, our employees or agents; or loss or damage relates to business and/or non-consumers (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
We will not be liable to you for any delay in delivering any services or order or for breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control. This does not affect your statutory rights. In any event, to the extent permitted by law, our total aggregate liability to you under these Terms or in connection with our Websites will not exceed NZ$100 in any circumstances.
Your use of the Websites may be subject to the Consumer Guarantees Act 1993 and information provided by us may be subject to the Fair Trading Act 1986. Nothing in these Terms (including the disclaimers and limitations of liability) will be read or applied so as to exclude, restrict or modify any warranties, guarantees, rights or remedies that cannot be excluded by law however, to the extent permitted by law, our liability is limited to the statutory remedies (if any) available for breach or failure to comply with the non-excludable guarantees. For more information about your statutory rights visit consumer.org.nz.
Our Websites may contain links to third party websites. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third party websites linked to or from our Websites, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
If you wish to link from your website to any pages of our Websites you may do so only on the basis that you link to, but do not replicate, the Website page, and subject to the following conditions:
- the linking text must simply consist of the Website address;
- you do not remove, distort or otherwise alter the size or appearance of any logos on our Websites;
- you do not in any way imply that we are endorsing any products or services;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any UNICEF or UNICEF Aotearoa trade marks displayed on our Websites without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our Websites.
Our payments are securely handled by Payment Express and Stripe, as such no credit card data ever touches our servers. It's directly handed off to their servers, dedicated to storing your sensitive data on PCI-Compliant servers.
We accept Visa, Mastercard and American Express. We cannot accept payment by cheque for donations or orders made via the internet.
8. Law, courts and language
These Terms, use of our Websites and the supply of products and services by us are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation to these Terms, use of our Websites or in relation to the supply of any products or services by us, the New Zealand courts will have jurisdiction over the dispute. These Terms and our Websites are provided in the English language only.
If any provisions of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, then so far as these Terms apply within that country in which those provisions are illegal, invalid or unenforceable those provisions shall be severed and deleted from these Terms and the remaining provisions of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
If you have a complaint about any content on any of our Websites please notify us immediately by emailing us at [email protected] setting out your name, company or organisation name if relevant, contact details (including a postal address, telephone number or email); details of the exact content you are complaining about and details of why you are complaining about that content; and confirmation from you that the information you have provided is accurate, complete and not misleading.
Please note, if this information is not provided, we may not be able to respond to or take action on your complaint.
- You acknowledge that:
a. UNICEF Aotearoa New Zealand (us, we, our or UNICEF) has entered into an agreement with Footprint New Zealand Limited (Footprint) under which UNICEF purchases licences that UNICEF can allocate to individuals to allow them to use Footprint’s service to create an online Will (see here for Footprint’s description of the single will service) (Free Will Service);
b. the Free Will Service is provided by Footprint, and requires activation of an account with Footprint and agreement to the Footprint terms and conditions which can be found at Footprint Terms;
c. the Free Will Service is intended to be used by current and prospective UNICEF supporters, but UNICEF will determine, in its sole discretion, how and to whom it allocates licences to use the Free Will Service;
d. there are only a limited number of licences available and the Free Will Service will not be available for new users when those licences have been allocated;
e. the Free Will Service is only available to individuals 18 years or over and who live permanently in New Zealand;
f. Footprint may undertake screening and customer qualification procedures, which may result in Footprint determining that the Free Will Service is not appropriate for you. Neither we nor Footprint will be liable in connection with any decision by Footprint not to provide you with the Free Will Service; and
g. although the Free Will Service is provided to you free of charge, there may be additional products or services you can purchase using Footprint’s platform, which will not be funded by UNICEF.
- You do not have to include a gift to UNICEF to use the Free Will Service. UNICEF hopes that its supporters or potential supporters would consider including a gift once they have made provision for family and friends.
- You agree that Footprint may provide us with certain information, including personal information, relating to your use of the Free Will Service. The UNICEF Privacy Statement sets out how we collect, store, disclose, use and protect your personal information (including personal information Footprint discloses to us). You agree that we may contact you about your use of the Free Will Service, and to provide you with information about our other activities and offers. Without limiting the foregoing, you acknowledge that Footprint will provide us with your full name and email and whether or not you have included a gift to UNICEF in your Will. UNICEF will use this information to update its supporter records and analyse its legacy promises alongside our future financial planning.
- To the extent permitted by law, in no event will we be liable to you for any losses, liabilities, damages, costs or expenses including but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost data, personal injury or property damage that result from or in connection with your use of the Free Will Service. You must only bring any claims in connection with the Free Will Service against Footprint in accordance with the Footprint Terms and must not bring any claims against UNICEF.
- These Terms are governed by New Zealand law. We may amend these Terms from time to time and any amendment will take effect from the time we notify you of the amendment either directly or by updating our website.