These Terms of Use were last updated on July 23rd 2019

1. Website

1.1. Site: This Website is operated by Bowel Cancer New Zealand (Website Owner).

1.2. Agreement to be bound: These Website terms of use (including any disclaimers set out on this Website) (together Terms of Use) and our Privacy Policy apply to all users of our Website, including donors and those affected by bowel cancer.

1.3. If you do not agree: If you do not agree to be bound by these Terms of Use and the Privacy Policy, then you must stop browsing, accessing or using the Website.

2. Defined Words

2.1. In these Terms of Use, the following words have these meanings:

Content means any software, data, information, picture, graphics and other materials published or made available on the Website, including all third party content.
GST means goods and services tax as set out in the Goods and Services Tax Act 1985.
Intellectual Property Rights means any patent, trade mark, service mark, logo, trade name and business name (including rights in goodwill), copyright, moral right, right in a design, right in or to internet domain names, know-how, right in or to confidential information (including trade secrets) and any other intellectual property rights, whether or not registered and any similar rights worldwide.
Registered User means a user that is required to log into an account to use services offered on this Website.
Unacceptable means anything that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being unacceptable.
User means any user of the Website, including a Registered User.
We, us and our are a reference to the Website Owner.
Website means (a) the website located at www.bowelcancernz.org.nz and (b) any other website that is made available by Bowel Cancer New Zealand to the public.
You and your are a reference to you, a User or Registered User.

3. Conduct of Users

3.1. In accessing and using the Website whether as a User or Registered User, you acknowledge and agree that you will not do any of the following:

(a) access or use any of the Website or its Content for the purposes of competing with us;
(b) provide us with information that is inaccurate, misleading or false;
(c) post or transmit any Content that is or is reasonably likely to be Unacceptable;
(d) abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
(e) post or transmit Content that infringes the Intellectual Property Rights of any person;
(f) access an account, without authority, that is not your own or impersonate any other User;
(g) manipulate, access or otherwise interfere with, without authority, any part of the Website, or post or transmit any Content that contains any virus, malware, spyware or other destructive component;
(h) harvest or collect any Content either manually or via an automated software tool;
(i) download, store or transmit copies of any streamed Content;
(j) commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
(k) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
(l) any other conduct that otherwise breaches the Terms of Use.

4. Registered User specific terms

4.1. Registered Users: Clauses 4 to 5 (inclusive) apply to your use of the Website where you are required to enter a user ID and password. If you are not a Registered User, then the terms in clause 4 does not apply to you, but the relevant terms in clause 5 will apply to you.

4.2. Registering: To become a Registered User of the Website, you will be required to complete a registration form to subscribe as a Registered User. By accessing the Website as a Registered User, you are stating that you agree to be bound by the Registered User specific terms set out in clauses 4 to 5 (inclusive), in addition to the other terms in these Terms of Use and the Privacy Policy, without qualification. We reserve the right to revoke any Registered User’s access to the Website.

4.3. User ID and password: You must ensure that your user ID and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user ID and password. You must notify us immediately of any unauthorised use of your user ID and password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your use as a Registered User.

4.4. Communications: Where, on becoming a Registered User or subsequently, you indicate that you wish to receive email communication or mobile phone text messages from us, we may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about Bowel Cancer New Zealand, its operations and activities, features of the Website, transactional information and other information concerning or related to the Website. You may opt-out of receiving:

(a) email communication at any time by using the unsubscribe link in any email; and
(b) mobile phone text messages by following the instructions set out in any text message.

4.5. Warranties and acknowledgments: In relation to any Content you submit to the Website as a Registered User, you:

(a) warrant that you are the owner of the Content or are otherwise authorised or licensed to provide it to us;
(b) warrant that the Content is not Unacceptable;
(c) grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, copy, modify, display and republish your Content in any format on this Website or on any other medium, and to exercise all copyright, moral and publicity rights relating to your Content;
(d) acknowledge that we may edit your Content for brevity, style or clarity; and
(e) acknowledge that if we use and republish your Content in accordance with clause 4.5(c) we would attribute such Content to you and we would still attribute such Content to you if we make minor edits to your Content.

4.6. Termination: We reserve the right in our sole discretion to terminate your access as a Registered User at any time if you violate these Terms of Use (including if we deem you to be a competitor accessing or using our Website or its Content for research or other purposes).

5. Prices and payment

5.1. Users: There is no fee for being a User of the Website.

5.2. Payment: The Website may allow you to make payments such as for donations.

5.3. GST: Unless otherwise expressly stated, all amounts specified on the Website are GST inclusive (if any).

5.4. Payment method: You may pay any applicable monetary amounts (such as donations) with a debit card, credit card or any other payment method that we make available from time to time. In doing so, you acknowledge that:

(a) additional bank charges may apply to certain transactions; and
(b) you are liable for all costs associated with any default in payment of any applicable monetary amounts.

5.5. Payment processing: Payments are processed by an independent third party service provider. To allow the processing of payment and in accordance with our Privacy Policy, we provide certain personal information about you to that third party provider. We do not process payments between Users.

5.6. Payment information: We may securely store and use payment card or other payment account information provided by you to make withdrawals from your account in exchange for payment.

6. Disclaimer, limitation of liability, indemnity and warranties

6.1. Updates: We reserve the right to update and amend any information on the Website at any time.

6.2. Exclusion of liability: To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:

(a) in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(b) in connection with any errors, omissions or misstatements in any material on the Website; or
(c) in relation to any information provided to you by any member, volunteer or staff of Bowel Cancer New Zealand, including support nurses or healthcare professionals; or
(d) resulting from any breach of these Terms of Use by any other User.
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).

6.3. Indemnity: You will take all necessary action to defend and indemnify us, and our officers and employees, against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms of Use or the Privacy Policy.

7. Linked sites and featured articles

7.1. Third parties: The Website may contain links to other third-party websites (Linked Sites). Linked Sites are not operated, controlled, or maintained by us and are provided for your convenience only.

7.2. Liability: You access Linked Sites at your own risk and to the maximum extent permitted by law we will not be:

(a) responsible for the availability, content, security, policies, or practices of any Linked Sites; or
(b) liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties; or
(c) responsible or liable for any dealings that you have with the third party.

7.3. No approval: Any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites.

8. General

8.1. Intellectual Property Rights: We or our licensors own all the Intellectual Property Rights in the Website and Content (excluding any third-party Content, which belongs to you, your licensors or the relevant third party), including in any modifications or enhancements to the Website and Content.

8.2. Suspension and termination: Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms of Use, we may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). On suspension or termination, you must immediately cease using the Website and must not attempt to gain access to the Website.

8.3. Amendments: We reserve the right to change these Terms of Use and the Privacy Policy (Amendments) at any time. Any Amendments will be posted on this page on the Website (and the “last updated” date will be updated). By continuing to access the Website you agree to be bound by the Amendments. We recommend you regularly review these Terms of Use and the Privacy Policy to see any updates or changes to our Terms of Use.

8.4. Law: These Terms of Use are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

8.5. Contact: If you have any questions or concerns in relation to the Website or these Terms of Use, please contact us.