Terms and Conditions
Terms and Conditions for the RAW Website
Please read these Terms and Conditions (“Terms”) carefully before using this website or placing a donation or placing and order with us. If you are under 18, be sure to get a parent or guardian to read through these Terms and to discuss them with you.
If you do not accept these Terms (note in particular terms 8 and 9) please don’t use or order from our website. If you visit or use our website and/or place any orders with us you will be bound by these Terms, and they will form a contract between you and us.
These Terms apply to the entire content of our website and to any correspondence by email between us and you. Our privacy statement also forms part of these Terms and should be read in addition. Some parts of our website may also contain additional rules which apply in addition to these Terms.
General provisions – these apply when you visit or use our website including when you donate on our website:
1. Changes – we may change these Terms at any time, in which case the amended Terms will be posted on our website and will apply from the date we post them, with the exception that any orders that we have already accepted from you before the new Terms are posted will continue to be subject to the Terms in force when your order was accepted. Please check these Terms on each occasion you use our website. If you continue to use our site you will be bound by the latest Terms.
2. Using our site – you agree to only use our site in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our site (including, without limitation, by hacking). We reserve the right in our sole discretion to deny any user access to any of our website without prior notice.
3. Registration – you may access and use most parts of our website without registering your details with us. To donate on our website, or to take part in certain other activities, you need to register with us. Each registration must be for a single user only. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You must make sure that you keep your password confidential. This means that you must not share your password or let anyone else access your account. Always ensure you log out of your account at the end of your session to avoid anyone else using it. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4. Privacy statement – we use, store and process information about you in accordance with our Privacy statement. By using our website, you consent to such use, storage and processing.
5. Complaint – If you have a complaint about any content on any of our website please notify us immediately by emailing us at [email protected] setting your name, company or organisation name if relevant, contact details (including a postal address, telephone number and email); details of the exact content you are complaining about and details of why you are complaining about that content; and confirmation from you that the information you have provided is accurate, complete and not misleading. Please note that no action can be taken without this information.
6. Usage – You must not post or transmit to this website any material that is knowingly false or misleading, defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person’s privacy; which you do not own or for which you have not obtained all necessary licences and/or approvals; which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or any entity.
If you post or transmit to any of our website any material of the type prohibited under term above and we incur any costs, expenses, liability or losses as a result then you agree to indemnify us for all such costs, expenses, liability or losses.
If you post or transmit any material to any of our website, you grant us the right to use, reproduce, modify and publish such material elsewhere in our website and publications; you grant us the right to use the name that you submit in connection with such content; and we shall be entitled to reveal your identity (or any information which we have about you) to any third party who is claiming that any of that material violates any of their rights or to any government or regulatory authority that is entitled to require us to do so.
We may remove or edit any material or posting you make on any of our website at any time.
Intellectual Property Rights:
7. Agreement – You acknowledge that all copyright, trademarks and other intellectual property rights in our website and all photographs, footage, designs, images, text, software, data and other material in our site or generated by our site are owned by us or our licensors. You are permitted to use the site and this material only as expressly authorised by us.
You are permitted to print and download extracts from our website for your personal non-commercial use and for private study or teaching purposes, provided in each case that:-
Copyright and source indications are also printed and copied; No modifications are made to the materials and they are not used as part of any other publication; Any document is printed and copied entirely and is not used in a derogatory or misleading context; and The material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our charitable objects.
No other use of material in our website may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:-
Incorporate any material from our site in any other work or publication, whether in hard copy or electronic form; or Make any commercial use or publication of any material on our site (other than as necessary for the purpose of viewing the site in the course of business).
If you wish to use any material from any of our site other than in accordance with term above please email your request to [email protected].
The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.
Other logos and names used on our site may be trademarks of their respective owners.
No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder’s rights.
Whilst we encourage our supporters to campaign on the issues referred to on our websites, please do not imply that you are taking action on behalf of RAW and in particular do not state that RAW is taking, or proposes or is considering taking, action against individuals or organisations.
Any rights not expressly granted in these terms are reserved.
8. Disclaimers – The information provided in our website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. While we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of that information. The material on our website may be out of date, and we make no commitment to update such material. We may make changes to the material on our website at any time without notice.
We take every reasonable care to ensure that all donations and subsequent transactions are conducted via a secure link. However, the security of information and payments transmitted via the Internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide.
We do not warrant that the functions contained in our site will be uninterrupted or error free, that defects will be corrected, or that our site or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our site, their content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.
9. Liability – We do not limit in any way our liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where loss or damage was not reasonably foreseeable to both you and us when you commenced using our site; loss or damage was not caused by any breach by us, our employees or agents; or loss or damage relates to business and/or non-consumers (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
10. Links – Our site may contain links to third party website. Such links are provided for your convenience only. We do not necessarily control such website and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those website or any association with their operators. If you decide to access any of the third party website linked to or from our website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
If you wish to link from your website to any pages of our site you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions.
The linking text must simply consist of the website address; You do not remove, distort or otherwise alter the size or appearance of any logos on our site; You do not in any way imply that we are endorsing any products or services; You do not misrepresent your relationship with us nor present any other false information about us; You do not otherwise use any RAW trademarks displayed on our site without our express written permission; You do not link from a website that is not owned by you; and Your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our site.
11. Payments – Your credit or debit card details may be held within our system to help in the event of a problem with your donation or order or if you request a refund.
If any provisions of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, then so far as these Terms apply within that country in which those provisions are illegal, invalid or unenforceable those provisions shall be severed and deleted from these Terms and the remaining provisions of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
12. Events beyond our control – We will not be liable to you for any delay in delivering any services or order or for breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control. This does not affect your statutory rights.
13. Law, courts and language – These Terms, use of our site and the supply of products and services by us are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation to these Terms, use of our site or in relation to the supply of any products or services by us the New Zealand courts will have jurisdiction over the dispute. These Terms and our website are provided in the English language only.
14. Payment – Our payments are securely handled by Payment Express, as such that no credit card data ever touches our servers. It’s directly handed off to their servers, dedicated to storing your sensitive data on PCI-Compliant servers.
We accept Visa, Mastercard and American Express. We cannot accept payment by cheque for orders made via the internet.
Any rights not expressly granted in these Terms are reserved.
These Terms do not affect your statutory rights as a consumer. For more information about your statutory rights visit consumer.org.nz.