Terms and conditions

Introduction

Welcome to the website of the Eileen Fair Charitable Trust. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. If you do not agree with any part of these terms and conditions, you must not use our website.

Definitions

  • “We”, “us”, “our” refers to the Eileen Fair Charitable Trust.
  • “You”, “your” refer to the user or viewer of our website.
  • “Website” refers to the website owned and operated by the Eileen Fair Charitable Trust.

Accessibility of Terms

If you require these terms and conditions in an alternative format or language, please contact us at info@eileenfair.org.nz, and we will endeavour to make reasonable accommodations.

Privacy

We are committed to protecting your personal information in accordance with the Privacy Act 2020 (NZ). Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.

Intellectual Property

All content on this website, including but not limited to text, images, videos, trademarks (TMs), and designs, is our property or its content suppliers and is protected by copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

The shape, configuration and ornamentation of our products is protected by design registrations.

Prohibited Uses

You may not use the website for any unlawful purposes or activities that violate New Zealand law, including but not limited to:

  • Publishing defamatory, offensive, or harmful content (as prohibited under the Harmful Digital Communications Act 2015);
  • Engaging in unauthorized access to the website or systems; or
  • Using the website in a way that infringes on intellectual property rights.

Linking to Our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage. We reserve the right to withdraw linking permission without notice.

Third-Party Links

Our website may contain links to third-party websites. These websites are not under our control, and we are not responsible for their content or practices. We encourage you to review their terms and privacy policies, particularly if they collect or process personal information, in accordance with New Zealand’s Privacy Act 2020.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law including NZ Consumer Law.

Limitation on Liability

To the fullest extent permitted by law, we will not be liable for any indirect, consequential, or incidental damages arising out of or in connection with your use of this website. However, this does not exclude or limit any liability that cannot be excluded or limited under New Zealand law, including liability under the Consumer Guarantees Act 1993.

Governing Law and Jurisdiction

All matters relating to the website and these terms and conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these terms and conditions or the website shall be instituted exclusively in the courts of New Zealand. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms and Conditions

We may revise and update these terms and conditions from time to time. Changes will be effective immediately when posted on our website. We will notify users of significant changes via email or a prominent notice on the website. If you do not agree with the updated terms, you must stop using the website immediately.

Contact Information

All feedback, comments, requests for technical support, and other communications relating to the website should be directed to: info@eileenfair.org.nz

Thank you for visiting our website.