Terms of Use
By accessing the Orange Sky Website, you agree to these Terms of Use and Orange Sky’s Privacy Policy that can be found here.
By accessing and using the Orange Sky Website, you are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the website for personal, non-commercial purposes in accordance with these Terms of Use. Orange Sky reserves the right, at its sole discretion, to change, modify, add, remove or terminate this licence at any time for any reason.
Orange Sky may amend these Terms of Use at any time without notice by posting the amended terms on the Orange Sky Website. By continuing to access the Orange Sky Website, you will be deemed to have accepted and agreed to the most recent Terms of Use.
General
In these Terms of Use, “Orange Sky” means Orange Sky Aotearoa and “we” and “us” refer to Orange Sky, and “our” has a similar meaning.
“Website” means the whole or any part of the web pages located at www.orangesky.org.nz and includes the layout, individual design elements, underlying code elements, and any text, sounds, videos, graphics, animated elements or other content hosted on www.orangesky.org.nz..
These Terms of Use and your use of the Website are governed by the laws of New Zealand.
Disclaimer
To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused (whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with the use of the Website or websites of other entities which are hyperlinked from the Website (Linked Websites).
The information contained on the Website is provided by us in good faith and on an ‘as is’ basis. The information is believed to be accurate and current as of the date the information was placed on the Website.
We give no warranty that your use of the Website will be uninterrupted or error-free. We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of the Website or a Linked Website. We recommend that you obtain and maintain up-to-date virus, security, and intrusion prevention and scanning software for each device you use to access the Website.
To the extent permitted by applicable law, all implied conditions, representations, warranties, and other terms are excluded. You must ensure that your access to the Website is not illegal or prohibited by laws that apply to you or in your location.
Acceptable use of this Website
As a condition of using the Website, you agree that you will not use it for any purpose prohibited by these Terms of Use. In particular, you agree not to use the Website as a means to:
- abuse, defame, harass, threaten, stalk or otherwise offend any person;
- distribute, publish, transmit or disseminate any material which is unlawful, indecent, offensive, inappropriate, obscene or defamatory;
- use any automated scripting tools or software;
- engage in or promote any third-party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
- impersonate any other person or entity;
- share information that reasonably identifies another person without their consent (if you do share personal information about another person, please let them know about our Privacy Policy which sets out how we will handle their personal information);
- upload, post, email, transmit or otherwise make available any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
- commit any breach of laws or regulations which are applicable to your use of the Website in your jurisdiction.
If you have a complaint about any content published on the Website, you should contact us here.
Linked Websites
The Website may contain links to other websites. Those links are provided for convenience only and may not be up to date or maintained. We have no control over or rights in any Linked Websites that are not our own.
Your use of any Linked Website is entirely at your own risk and you will be bound by the terms of use (if any) posted on the Linked Website and not by these Terms of Use.
Orange Sky is not responsible for the privacy practices of any third-party payment platforms, social media or service providers that you can access through the Website.
Copyright
Orange Sky is the copyright holder of all material on the Website, including (but not limited to) text, graphics, audio and video files, information architecture, and coding, or has a licence to use such material unless otherwise indicated. All rights are reserved.
Except for the permitted uses prescribed by the Copyright Act 1994 (NZ) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
- commercialise any services, products or information obtained from any part of the Website, without our written permission.
If you wish to make any other use of the material on the Website, you must obtain our permission before doing so. To ask for permission or for further information, please contact us here.
Trade Marks
All trade marks and other product and service names and logos (Marks) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. The Marks may be our registered or unregistered Marks or may belong to others and are used on the Website with permission of the relevant owner.
ORANGE SKY, which is displayed on the Website, is our registered trade mark (International Registration Number 1263827 / New Zealand IP Number 1027440)..
Nothing contained on the Website should be construed as granting any licence or right of use of any Mark which is displayed on the Website without the express written permission of the relevant owner.
If you use any of our Marks to refer to our activities, services or products, you must include a statement attributing that Mark to us. You must not use any of our Marks:
- in or as the whole or part of your own Marks;
- in connection with activities, services or products which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including the Website); or
- in a manner which contravenes relevant trade mark legislation.
Social Media
We currently have the following social media accounts: Facebook, Instagram, LinkedIn, Twitter, Snapchat, and YouTube (our Socials). All content on our Socials is subject to individual terms of use as outlined by each social media provider.
By interacting with our Socials, you agree to be bound by the terms of use of the relevant social media provider.
Online Donations
The Website includes a function for you to make online donations to help support the mahi we do. If you use the Website to make a donation to us, you must complete all details as nominated on our Website (including your details, the method of payment of the donation, and the amount of the donation) carefully to ensure that they are correct before clicking on the “Donate Now”, “Submit” or other labelled confirmation button on the Website.
Once you click on the “Donate Now” button or other labelled confirmation button on the Website, the donation will be processed, and you will be legally bound to make the donation. We do not provide refunds if you change your mind after clicking on the “Donate Now” button or other labelled confirmation button.
Subject to any applicable laws or payment system terms, we are under no obligation to give a refund for a donation if an error has been made on your part, but we will rectify any genuine errors. Your request to consider a genuine error should be made in writing to Orange Sky within 60 days of the alleged error and can be sent via email to info@orangesky.org.nz.
If we or a third party providing the online donation facility through the Website make an error in respect of a donation made through the Website, resulting in an amount greater than the donation amount being paid to us, we will make a refund of the amount overcharged to you as soon as possible once we receive notification of the error, with all costs associated with the rectification of the error to be borne by us.
Fundraising Activities
The Website contains links to information and materials for use in fundraising.
You must ensure, prior to commencing any fundraising activity, that the fundraising activity is appropriate, safe, and conducted properly. If you are under 16, you must also have express permission from your parent or guardian.
We may direct you to cease using any Orange Sky names or trade marks in connection with your fundraising activity at any time if we consider, in our sole discretion, that the fundraising activity is unsuitable, inappropriate, or unsafe.
You acknowledge and agree that:
- Orange Sky and its directors, employees, agents, and contractors are not liable to you for any losses, damages, liabilities, claims, or expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Website, to any material on Linked Websites, or to your access or use of the Website or any products or services made available by Orange Sky, however caused, whether under statute, in contract or in tort, including for negligence, or otherwise; and
- you will indemnify us in respect of any liability, loss, damage, cost or expense suffered or incurred arising from or in connection with your breach.
Where the fundraising activity involves a physical activity or fitness event, you further acknowledge and agree that:
- you are able to safely perform the fundraising activity including being physically fit and sufficiently trained to participate in and complete the fundraising activity; and
- you are responsible for the safety of any third party or property involved in or impacted by the fundraising activity.