The Red Bow Terms of Use

Acceptance of These Terms

Welcome to The Red Bow! This Website, www.redbow.org.nz (the “Website”, including all subdomains), is a copyrighted work belonging to The Red Bow ("we", "us" and "our"). These terms and conditions (the “Terms”) apply to the use of this Website, including the materials and information posted on it, and the functionality that permits you to make donations, solicit donations, create an account, or to use any other functionality offered through the website. In using this Website, and/or when you engage us to provide any service, including web services, under the Terms (the “Services”), you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.

The expressions “you”, “your”, including any entity you represent, are a reference to any user of this Website.

The Red Bow is an Incorporated Charitable Trust based in New Zealand with Registration Number: CC58691.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Information Service

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources, which we believe to be accurate and up to date as at the date of publication.

We nevertheless reserve the right to update this information from time to time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you.

Use of Website

The information and materials on the Website are intended to summarise our services and general matters of interest. If you use or rely on this material, you do so at your own risk. To the maximum extent permitted by law, we do not accept liability to any person for loss or damage of any kind (including in negligence) arising from or relating in any way to the Website or the information on it.

To the maximum extent permitted by applicable law, We:

  • make no warranty or representation regarding the quality, accuracy, completeness, suitability or fitness for purpose of the material on the Website;

  • do not warrant or represent that the Website or any information on it will not cause damage or is free from any computer virus or any other defects or errors; and

  • exclude all liability to users of the Website for any loss or damage however caused resulting from the use of the Website and/or the information on it.

Acceptable use policy

You are solely responsible for your use of this Service. Please refer to the ‘Copyright’ and ‘Trademarks’ sections of these Terms for further details.

You agree not to use the Service:

  • for any unlawful purposes;

  • to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

  • to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, us or to facilitate the unlawful distribution of copyrighted content or illegal content;

  • to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

  • to upload, post, or otherwise transmit any material which is likely to cause harm to us or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.

Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific warnings

You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process, which you employ for accessing this Website, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this Website or any linked website.

Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.

Responsibility for the content of advertisements (if any) appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers' products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this Website (including text, graphics, logos, icons, sound and video recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:

Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or Commercialize any information, products or services obtained from any part of this Website; Without our written permission.

Trademarks

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trademark.

If you use any of our trade marks (including trademarks we are licensed to use by related parties) in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any such trade marks:

  • In or as the whole or part of your own trade marks

  • In connection with activities, products or services which are not ours

  • In a manner which may be confusing, misleading or deceptive

  • In a manner that disparages us or our information, products or services (including this Website).

Restricted Use/password use

Unless we agree otherwise in writing, if you are provided with password access to this Website that is provided only for your personal use. You are not authorized to give your password to any other party. You are authorized to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.

Linked websites

This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Modification of Website

We reserve the right to modify, add to, suspend, or terminate all or part of the Website or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Website are subject to these Terms. We are not under any obligations to provide any website maintenance or customer support.

Account Registration

To register as a member of the Service or to make donations, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. You agree that the information that you provide to us upon registration, at the time of registering, and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and any orders.

Password

When you register as a member, you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify us of any unauthorized use of your password.

Termination of Access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Privacy

Any information you provide through your use of the Website is subject to the 'The Red Bow Privacy Policy' (as applicable from time to time) which may be viewed at https://www.redbow.org.nz/privacy-policy.

Cookies

This Website uses cookies. Further information is provided in the ‘The Red Bow Privacy Policy’ which can be viewed at https://www.redbow.org.nz/privacy-policy.

User must comply with applicable laws

Your use of our Website and these Terms are governed by the laws of New Zealand. The Red Bow makes no claims concerning whether the content on this Website may be downloaded or is appropriate for use outside of New Zealand. If you access this Website from outside of New Zealand, you are solely responsible for ensuring compliance with all local, international, and other laws that apply to your specific jurisdiction.

Governing Law

These terms and conditions are governed by the laws in force in New Zealand.

This Terms of Use was last updated on 23 November 2021.