Terms & Conditions

1. Introduction

Welcome to the SIM New Zealand Website. By accessing or using this Website (including donations made via the Website), you agree to comply with these Terms and Conditions. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website.

2. Definitions

In these Terms:

Intellectual Property Rights means any intellectual property rights, title and interests (including common law rights and interests) in any jurisdiction including:

a. patents, trademarks, service marks, copyright, registered designs, trade names, domain names, symbols and logos;

b. patent applications and applications to register trademarks, service marks and designs; and

c. confidential information, trade secrets and know-how and rights in tools, techniques, computer program code, databases, data inventions, discoveries, developments, information and logical sequences (whether or not reduced to writing or other machine or human readable form).

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Terms means these terms and conditions.

We, us, our or SIM New Zealand means SIM New Zealand (a registered charity with the NZ Charities Commission, registration number CC28002), our employees, agents and officers.

Website means https://sim.org.nz/.

You or User means you or both you and the other person or entity on whose behalf you are acting.

3. Interpretation

In these Terms, unless the context indicates otherwise:

Headings: clause and other headings are for ease of reference only and will not affect these Terms interpretation;

Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;

Inclusive Expressions: wherever the words includes or including (or any similar words) are used, they are deemed to be followed by the words “without limitation”;

Plural and Singular: where the context permits, the singular includes the plural and vice versa;

Parties: references to any party mean a party to these Terms and include that party’s successors and permitted assignees (as the case may be);

Persons: where the context permits, references to a person include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority;

Monetary Amounts: all monetary amounts are in New Zealand currency; and

Statutory Provisions: references to any statutory provision include any statutory provision which amends or replaces it, and any bylaw, regulation, order, statutory instrument or other determination made under it.

4. Donations

By donating through the SIM New Zealand website, you agree to the following conditions:

SIM New Zealand is a registered charity with the NZ Charities Commission, registration number CC28002.
Donations made to support the work of SIM New Zealand within New Zealand are eligible for end-of-year tax credits.
Donations made to support overseas mission partners and projects are not eligible for tax credits, as these donations do not meet the criteria set by Inland Revenue for tax-deductible contributions.
Donations can be made via internet banking, Visa or Mastercard or PayPal.
All donations are final and non-refundable unless (in Sim New Zealand’s sole but reasonable opinion) a genuine error occurs (e.g., donation was accidentally made more than once).

5. Viruses

Whilst Sim New Zealand makes all reasonable attempts to exclude viruses and other potentially dangerous software from the Website it cannot ensure such exclusion. Therefore, you are recommended to take all appropriate safeguards before using the Website.

6. Payment Security

All online payments made via this website are processed using secure methods. We use reputable third-party payment processors to ensure your information is kept safe. However, SIM New Zealand cannot be held liable for any breaches of security on the part of these third parties.

Any loss incurred or sustained by any User who transmits information by means of e-mail or other internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by SIM New Zealand.

Keeping your personal details private is very important to us, and although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed.

7. Use of the Website

You must not:

a. create any links to the Website without notification to and approval by SIM New Zealand before they are created;

b. copy, store in a retrieval system, or transfer in any form or by any means to any third party any part of the Website without the written permission of SIM New Zealand unless otherwise specified;

c. conduct, facilitate, authorise or permit any text or data mining or web scraping, or information featured in the Website;

d. access our Website via nonstandard web browsers or any other method that allows or facilitates scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring methods;

e. extract, disassemble, decompile, reverse engineer, translate, creative derivative works or otherwise seek to reveal the operating logic of any part of the Website;

f. defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Website (or any part of them), including, without limitation, any such mechanism used to restrict or control the functionality of the Website;

g. in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way damage, interfere with or compromises, in any way, any of our Website; nor

h. use the Website for any illegal, unlawful or otherwise improper purpose.

8. Privacy Policy

Your privacy is important to us. Any personal information you provide during the donation process is handled in accordance with our[Privacy Policy], which complies with New Zealand’s Privacy Act 2020.

9. Intellectual Property Rights

Sim New Zealand own all proprietary and Intellectual Property Rights in the Website (including but not limited to text, images, logos, icons, look and feel and other materials) and in the names and logos of Sim New Zealand, unless otherwise stated. You may not copy, reproduce, or use any part of this Website without prior written consent from SIM New Zealand. All works in the nature of databases attract database rights.

10. Limitation of Liability

SIM New Zealand strives to ensure the information on this website is accurate and up to date. However, to the fullest extent permitted by law, we do not represent or warrant that the information accessible via the Website is accurate, complete or correct nor do we accept responsibility for any Loss resulting from reliance on this information. The website and all services are provided “as is” without warranties of any kind.

To the maximum extent permitted by law:

a. you access and use our Website at your own risk;

b. we are not liable or responsible to you or any other person for any harm caused or any actions taken or not taken by you or a third party during, after or as a result of your use of our Website, or any Loss under or in connection with these Terms, our Website, or your access and use of (or inability to access or use) our Website; and

c. we exclude all liability for loss or damage (including loss of, or damage to, physical property, personal injury or death) arising out of or in connection with your use of the Website, whether or not such loss or damage was foreseeable, or you advised us of the possibility of the loss or damage; and

d. we will not be liable to you for any interruptions or downtime to the Services resulting from maintenance.

In the event that any limitation or provision contained in this clause 10 is held to be invalid for any reason we becomes liable for Loss that would otherwise have been excluded, such liability is limited to $100.

11. General

Any problems which occur whilst accessing the Website should be notified in writing to nz.info@sim.org at your earliest convenience.

Severability: If any provision of these Terms is held by any Court to be illegal, void or unenforceable, that will not impair the enforceability of the remaining provisions.

No Waiver: Failure or neglect by us to enforce at any time any of the provisions of these Terms will not be construed to be a waiver of our rights, or to in any way affect the validity of the whole or any part of these Terms, or to otherwise prejudice our right to take subsequent action.

Force Majeure: SIM New Zealand shall not be held to be in breach of its obligations hereunder nor liable for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.

Changes to Terms and Conditions: SIM New Zealand reserves the right to amend these Terms and Conditions at any time. Changes will be effective immediately upon posting on this page. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the website, you accept the updated Terms.

Governing Law: These Terms and Conditions are governed by New Zealand law. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Relationship:
Nothing express or implied in these Terms shall be construed as constituting either party as the partner, agent, employee, officer or representative of, or as a joint venture with, the other party, and neither party will make any contrary representation to any other person.

Entire Agreement:
These Terms set out everything agreed by the parties relating to your use of our Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to our Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

This document is subject to review and adaptation by SIM New Zealand’s legal team to ensure compliance with all relevant New Zealand legislation.

For any questions or concerns, please contact us at:

These Terms were last updated on [ ] November 2024.

Third Party Material

The Website contains links to other websites or resources which we do not control (External Websites). Such links do not constitute an endorsement by us of those External Websites. You acknowledge that we are providing these links to you as a convenience, and you further agree that we are not responsible for the content of any External Websites. Your use of the External Websites is entirely at your own risk and is subject to the terms and conditions of use and privacy policies of the External Websites provider.