Terms & conditions

1. Introduction

Welcome to the SIM New Zealand Website. By accessing or using the Website you agree to be bound by these Terms and Conditions and to comply with all applicable laws. If you do not agree to these Terms and Conditions, you must immediately discontinue your use of the Website.

2. Definitions

In these Terms:

Intellectual Property Rights means any intellectual property and moral rights (whether registered or unregistered, and including any application for such rights) and all rights or forms of protection having equivalent or similar effect anywhere in the world including present and future rights conferred by statute, common law or equity (and, to the extent applicable, by international conventions and treaties) and any other similar rights and interests (whether registered or unregistered, and including any application for such rights) in any jurisdiction including:

patents, trademarks, service marks, copyright, registered designs, trade names, domain names, symbols and logos
patent applications and applications to register trademarks, service marks and designs; and
confidential information, trade secrets and know-how and rights in relation to inventions, discoveries and improvements whether or not such confidential information, trade secrets and know-how are reduced to writing or other machine or human readable form).

Loss includes loss of profits, savings, revenue or data, and any indirect, consequential, exemplary, punitive or special loss or damage, and includes any costs incurred in making good any loss or damage, 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 in New Zealand, charity 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 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)
Statute and Regulation: a reference to a statute or regulation includes a reference to that statute or regulation as amended, consolidated, re-enacted or replaced from time to time.

4. Donations

We may accept donations online through our Website using the payment option available.

We may provide a receipt or tax certificate for your donation, depending on the regulatory obligations of SIM New Zealand at the relevant time, and will send this to the email address you provide at the time of donation.

5. Viruses

You are responsible for ensuring your own computer system, devices, software and data are protected from viruses and any other forms of malicious code.

SIM New Zealand does not guarantee that the Website is free from viruses or any other malicious code.

We are not liable or responsible to you or any other person for any loss or damage caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access and use of (or inability to access or use) our Website.

6. Payment Security

We take reasonable steps to ensure security of transactions made on our Website.

We do not store credit card information on our Website.

We use third party services to process payments which use encryption and/or other security measures. We do not control those security measures and are not responsible for security of those third party services or any loss caused by them.

7. Intellectual Property Rights

The Website and all information, content, data, and material on the Website (including all text, graphics, logos, icons, and images) are owned by SIM New Zealand or our licensors and are protected by New Zealand and international copyright, trademark, and other intellectual property laws.

Unless otherwise stated, you may view, download and print material from the Website for personal and non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You must not:

create any links to the Website without notification to and approval by SIM New Zealand before they are created
copy, store in a retrieval system, or transfer in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) any part of the Website without the prior written permission of SIM New Zealand unless otherwise specified
conduct, facilitate, authorise or permit any text or data mining or web scraping, or information featured in the Website
access our Website via nonstandard web browsers or any other automated tool, including any robot, spider, scrapers or any similar data gathering, extraction or monitoring methods
extract, disassemble, decompile, reverse engineer, translate, create derivative works from or otherwise seek to reveal the operating logic of any part of the Website
defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any security or protection mechanisms or measures used to restrict or control the functionality of the Website
in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb or other disabling device) that interferes with or compromises, in any way, any of our Website; nor
use any part of the Website for commercial purposes without obtaining a written licence to do so from SIM New Zealand.

8. Limitation of Liability

You acknowledge and agree that:

you access and use our Website at your own risk
we are not liable or responsible to you or any other person for any loss or damage arising in connection with your access and use of (or inability to access or use) our Website; and
we exclude all liability for loss or damage (including loss of profits, savings, revenue or data, and any indirect, consequential, exemplary, punitive or special loss or damage) arising from or in connection with these Terms, our Website, your access and use of (or inability to access or use) our Website, or any information or content on our Website, even if you advised us of the possibility of the loss or damage; and

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law.

9. Indemnity

You agree to indemnify and hold harmless SIM New Zealand, its employees, agents and officers from any and all loss, damage, liability, costs and expenses (including legal costs on a solicitor and own client basis) arising out of or in connection with:

(a) any breach of these Terms by you; or

(b) your use of, or your access to, the Website; or

10. General

We may update these Terms from time to time. We will post the updated Terms on our Website and they will take effect from the date they are posted. By continuing to use our Website after we post updated Terms, you agree to be bound by the updated Terms.

If any part of these Terms is invalid, unenforceable or illegal, that part is deemed to be severed from these Terms and the remaining parts will remain in full force and effect.

These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.

11. Notices

If you have any questions about these Terms or our Website, please contact us at nz.info@sim.org

Terms & Conditions