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TERMS OF USE

WEBSITE TERMS OF USE

Please read these Website Terms of Use (“Terms”) carefully before using this Workout for Water website or making a donation to us. If you are under 18 years of age, be sure to get a parent or guardian to read through these Terms and to discuss them with you.

Introduction

This website (https://www.workoutforwater.org/) is owned by New Zealand National Committee For Unicef Trust Board (also known as UNICEF NZ) (referred to as “we”, “our” or “us”), a registered charity with the New Zealand Charities Commission with registration number CC35979. Your use of our Website is governed by these Terms. If you visit or use our Website and/or make a donation with us you will be bound by these Terms, and they will form a binding agreement between you and us. If you do not accept these Terms you must refrain from accessing and using our Website.

These Terms apply to the entire content of our Website and to any correspondence by email between us and you. Some parts of our Website may also contain additional terms which apply in addition to these Terms.

Privacy Policy

Our Privacy Policy set out at https://www.workoutforwater.org/ also forms part of these Terms and should be read in addition to these Terms. We collect, use, store, process and disclose information about you through this Website in accordance with our Privacy Policy.

General Provisions – these apply when you visit or use our Website, including when you register as a participant or donate

Changes

  1. 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 donations that have already been made by you before the new Terms are posted will continue to be subject to the Terms in force when those donations were made. Please check these Terms on each occasion you use our If you continue to use our Website you will be bound by the latest Terms. These Terms were last updated on 4th March 2019. 

Using our Website

  1. You agree to only use our Website 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 Website (including, without limitation, by hacking). We reserve the right in our sole discretion to deny any user access to our Website without prior notice.

Registration

  1. 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 requested by you or if in our opinion you have failed to comply with any of the provisions of these Terms.

Website content and user-added content

  1. You must not post or transmit to our 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 to use;
    • 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.
  2. If you post or transmit to our Website any material of the type prohibited under clause 4 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.
  3. If you provide, post, transmit or contribute any content or material to us or to our Website (“User Content”):
    • you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you;
    • you grant us the right to copy, distribute, use, reproduce, modify, licence and exploit and publish such material elsewhere in any of our Websites and publications in perpetuity by any means and media known or developed in the future, without payment or other consideration to you or any person, including use in advertising and promotion;
    • 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.
  4. By posting or uploading any User Content to our Website or providing any User Content to us, you automatically and irrevocably:
    • grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual, royalty-free, worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicence;
    • appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted by you to us under these Terms; and
    • warrant that: (1) you are the owner of the User Content and are entitled to enter into these Terms, (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content; and (3) no User Content will be subject to any obligation of confidence to you or any other person.
  5. We may remove or edit any material or posting you make on our Website at any time.

Intellectual Property Rights

  1. You acknowledge that all copyright, trademarks and other intellectual property rights in our Website, and all photographs, logos, icons, buttons, copyright clauses, footage, designs, graphics, images, text, software, data and other material in our Website or generated by our Website, are owned by us, our licensors or by third party content suppliers. You are permitted to use our Website and this material only as expressly authorised by us. We are the exclusive owner of all rights in the compilation, design and layout of our Website.
  2. You are permitted to access, view, reproduce, print and download extracts from our Website for your informational, 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;
    • 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; and
    • any reproduction includes a prominent acknowledgement of our rights in the relevant content.
  3. 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 Website 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 Website (other than as necessary for the purpose of viewing our Website in the course of business).
  4. The UNICEF name and logo are protected under the Paris Convention. Other logos and names used on any of our Websites may be trademarks of UNICEF or their respective owners or other persons. 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
  5. Whilst we encourage our supporters to campaign on the issues referred to on our Website, please do not imply that you are taking action on behalf of UNICEF and in particular do not state that UNICEF is taking, or proposes or is considering taking, action against individuals or organisations, for example, a boycott of a company’s
  6. Any rights not expressly granted in these Terms are reserved by us.

Disclaimers

  1. While we have tried to ensure that the information on our Website is correct, we do not warrant or guarantee the accuracy and completeness of that information when you access it. 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. Use of information and material contained on our Website is at your own risk.
  2. We do not warrant that the functions contained in our Website will be uninterrupted or error free, that defects will be corrected, or that our Website 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 Website, its content or any link to another Website arising in contract, tort (including negligence) or otherwise, except, to the extent permitted by law, in the case of death or personal injury caused by our negligence.

Liability

  1. To the extent permitted by law:
    • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of our Website or the content on or accessed through it; and
  2. Nothing in these Terms is intended to exclude, restrict or modify a consumer's rights under any statutory rights that may not be excluded, restricted or modified.
  3. We do not limit in any way our liability 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.
  4. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where the loss or damage:
    • was not reasonably foreseeable to both you and us when you commenced using our Website;
    • was not caused by any breach by us, our employees or agents.

Links

  1. Our Website may contain links to third party websites. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply that we check, endorse, approve or agree with third party websites our Website links to. If you decide to access any of the third party websites 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.
  2. If you wish to link from your website to any pages of our Website 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 Website;
    • 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 UNICEF or other trademarks displayed on our Website without our express written permission;
    • you do not link from a website that is not owned by you;
    • 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; and
    • you may not frame any part of our Website material by including advertising or other revenue-generating material.
  3. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our Website and you agree to remove or cease any link upon our request.

Payments

  1. You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.
  2. We are very grateful for your support of Workout for Water. Because of the nature of charity donations, all donations are final and are non-refundable. Please make sure that the amount you enter is the amount that you wish to give. Should this amount be incorrect, please contact us.
  3. Our payments are securely handled by Stripe (payment provider), as such that no credit card data ever touches our servers. It is directly handed off to their servers, dedicated to storing your sensitive data on PCI-Compliant servers. Your credit or debit card details may be held within our system to help in the event of a problem with your donation. We accept Visa, Mastercard and American Express. We cannot accept payment by cheque.
  4. We take every reasonable care to ensure that alldonations 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.

Fundraising Terms

  1. We do not make any representations or warranties in relation to the appropriate use by us of funds raised by use of our Website. We do not make any representations or warranties in relation to the specific use of funds raised except in circumstances where we have expressly stated that funds raised will be applied to a particular project or appeal.
  2. Because our Website is connected to a physical activity and/or fitness event (each such event, an “Event”) you agree as follows:
    • you agree, represent, and warrant that you have received consent from your physician to participate in health and fitness programs, workouts, exercises, or any other related activities connected to our Website’s fundraising activities and declare that you are physically fit and have trained sufficiently to participate in and complete the Event;
    • you waive, release and discharge us and our officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action you may have (including for negligence) arising from any injury, loss or damage of any kind suffered by you including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of your attendance at or participation in the Event. You also waive, release and discharge us and our officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action you or any person under your care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person or property being pushed, carried, accompanied or in any like manner by you. This includes children in child-carrying devices arising either directly or indirectly out of your or their attendance at or participation in the Event. You agree to take all necessary precautions and actions to ensure any child or person accompanying you, whether in a child-carrying device or not, is safe. You indemnify and will keep indemnified us and our officers, employees, contractors, volunteers and agents against all costs, losses or damages arising from or in relation to your attendance at or participation in the Event including the attendance or participation of any person in your care; and

 Complaints

  1. If you have a question, concern or complaint about any content on any of our Website or these Terms please notify us immediately by emailing help@workoutforwater.org setting out:
    • 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.

General

  1. 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.
  2. 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.
  3. We will not be liable to you for any delay or 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 any service provider (including telecommunications provider) or any other cause beyond our reasonable control. This does not affect your statutory rights.
  4. Unless otherwise specifically stated and agreed by us, these Terms constitute the entire agreement, to the extent that any agreement exists, between us and you as a user of our Website.
  5. These Terms and use of our Website 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 or use of our Website the New Zealand courts will have jurisdiction over the dispute.
  6. These Terms and our Website are provided in the English language only.