Terms and Conditions – Envirohub.org.nz
envirohub.org.nz [this ‘Website’] is owned and operated by the Tauranga Environment Centre Charitable Trust trading as Envirohub Bay of Plenty [‘Envirohub BOP’, ‘we’, ‘us’, ‘our’]. Envirohub BOP is a not-for-profit charitable organisation. These terms of use constitute an agreement made between you, the Website user, [‘you’, ‘your’] and us. You must not access or use this Website unless you accept all of these terms of use. By accessing and using this Website you are agreeing that you have read, understood and accepted these terms of use, and agree to be bound by them and that you are authorised to enter into and perform them.
Scope of these Terms and Conditions
These Terms and Conditions cover all pages of this website, but excludes websites of external partners or suppliers that this website links to that our outside our power and control. You acknowldege and agree that we shall not be liable in any way for the content of any such linked website, nor any loss or damage arising from your use of any such website.
Your use of this Website
You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this Website whether by way of a virus, corrupted file, through use of any software or program, or otherwise. Furthermore, you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout or design of this Website except in accordance with these terms of use.
User content
This Website may from time to time enable you and other users to submit content [‘user content’] that may be made available through the Website for the purpose of promoting Envirohub, events, community organisations or activities. You must ensure that you have all necessary rights [including appropriate licences] to submit or supply the user content to the Website.
By creating, modifying, transmitting, uploading, or submitting any user content, you: grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to publicly display, communicate to the public, and make the user content available [by all means and in any media now known or hereafter developed] to other users of this Website and other users of our services in such manner as we may permit from time to time; and acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above.
You are solely responsible for the user content that you make available through the Website. You represent and warrant that any user content you make available: does not infringe any copyright, privacy right, or any other right of any third party; and does not contain any matter that is defamatory, offensive, unlawful or that may damage the reputation of Envirohub BOP, or any of our sponsors (e.g. Local Councils and funders) or partners (e.g. community organisations).
You shall fully indemnify and hold harmless Envirohub BOP for any loss, damage, claim, cost or expense [including legal fees on a solicitor/own client basis] which may arise as a result of any action or claim that may be made or initiated against Envirohub BOP by any person making a claim in relation to your actions or the user content that you make available.
We have no obligation to you to make this Website or any user content available. User content may be identified by users of the Website as being ‘inappropriate’. In such event, and Envirohub BOP may on a case by case basis review and decide, in Envirohub BOP’s absolute discretion, to remove such content. We may at any time edit, refuse to display, or remove any part of this Website [including your user content] as we deem appropriate.
Embedded content
Embedded content [including embedded images and embedded video content] from a third party hosted site is subject to the licence terms of the location at which such content is hosted or the licence terms imposed by the owner of such content. Embedded content may be used or linked to only in accordance with the terms of the relevant licence. You are liable for any consequences of failure to comply with those licence terms.
Intellectual Property
The materials displayed on this Website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or our content providers [together, ‘our intellectual property’].
Except as permitted in the ‘embedded content’ or ‘copyright clearance and permission to use’ sections or with our prior written permission in other cases, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website.
Copyright clearance and permission to use
Images on this Website that are not ‘Embedded Content’ may be used or reproduced only with our express consent in each instance. You can request consent by applying to us via our contact page.
You may from time to time request our consent to use certain material or other content that appears on this Website. If we grant such consent the materials or content must not be altered, modified or added to in any way.
Trade marks
The trade marks appearing on this Website belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without, in the case of our trade marks, our prior written permission or, in the case of third party trade marks, the written permission of the owner the relevant trade mark.
Feedback and unsolicited submissions
If you give us feedback about this Website or our products or services, you grant us the right to use that feedback for the purpose of improving our Website or services [and for any other purpose we deem necessary or desirable] without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas: they will be treated as ‘user content’ in accordance with these terms of use; and they will be deemed to be non-confidential, and we will not be required to provide any acknowledgement of their source.
Electronic communications
You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
You consent to receiving electronic messages and information sent by us [or on our behalf] for any purposes described in our privacy policy.
Disclaimers
Although we take care to ensure this website is up-to-date and accurate, we do not give any warranty or other assurance as to the content of material appearing on this Website, its accuracy, completeness, timeliness or fitness for any particular purpose.
To the maximum extent permitted by law, we provide this Website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind [whether, express, implied, statutory or otherwise] including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
Neither Envirohub BOP or our suppliers, funders or partners will, under any circumstances, be liable under the law of tort, contract or otherwise for any loss of income, profits, data or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any party [including third parties], however caused, arising out of or in connection with the use of the Website or the reliance on any information on this Website.
We accept no responsibility for any errors that appear on our website which may include but are not limited to; technical or content inaccuracies and typographical errors.
If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.
Availability
Your use of this Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this Website or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.
Malicious code
Although we endeavour to prevent the introduction of viruses or other malicious code [together, ‘malicious code’] to this Website, we do not guarantee or warrant that this Website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Website does not expose your computer system to the risk of interference or damage from malicious code.
Security
Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to [or alteration of] your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Website or any outbound hyperlink.
Changes
We reserve the right to add to, modify, or remove this Website or any information, feature, specification, or other part of this Website [at any time and without notice to you]. We reserve the right to change these terms of use from time to time by publishing the changed terms on this Website. You should review these terms of use periodically to be aware of such changes. Your continuing access or use of this Website following such publication shall be deemed your acceptance of the revised terms of use.
Governing law
These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use. Visit our privacy policy page for more information regarding the security of your personal information.