AS AT 31st January 2022
Introduction
Winterstellar Charitable Trust (‘our’, ‘we’) own and operate www.winterstellar.com (‘this website’). These terms of use constitute an agreement made between you, the website User, (‘you’, ‘your’). By accessing and using this website you are agreeing that you have read, understood and accepted these terms of use, and agree to be bound by them. You must not access or use this website unless you accept all of these terms of use.
Your Privacy
Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms and conditions must be read together with our Privacy Policy.
Your Account
In order to access certain information and features offered on this website, you will need to create an account. To create your account, you must complete your account details in the manner described on this website, including login credentials which we will use to verify your identity when utilising this website. You must ensure that your account details are complete and accurate when submitted to Winterstellar Charitable Trust, certify that the information that you have given is true and correct, and agree to keep your account details current. We may at our discretion, at any time and without notice to you, suspend or terminate your account, or your ability to use the functions available throughout this website.
Your Login Credentials
Your login credentials, being your username and password are personal to you and therefore you must ensure they remain confidential and not be disclosed to a third party. You agree that you are solely responsible for any use of this website by any person using your login credentials and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of them. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. We will not be liable for any loss that you may incur as a result of someone else using your login credentials or account, whether with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
Amendments
Winterstellar Charitable Trust reserves the right to add to, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you). We reserve the right to change these terms and conditions from time to time by publishing the changed terms on this website. You should review these terms and conditions periodically to be aware of such changes. Your continuing access or use of this website following such publication shall be deemed as your acceptance of the revised terms and conditions.
Utilising this Website
You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without Winterstellar Charitable Trust’s prior written approval.
Intellectual Property
The materials displayed on this website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including but not limited too; text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to Winterstellar Charitable Trust or our licensors (together, ‘our intellectual property’).
Except with Winterstellar Charitable Trusts prior written permission, you agree not to in any form or by any means:
- use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in anyway any works contained in any part of this website; or
- commercialise any information, products or services obtained from any part of this website.
Feedback and Unsolicited Submissions
In giving any feedback to Winterstellar Charitable Trust regarding this website or our products or services, you agree to grant us the right to use that feedback for the purpose of improving our website or services, and for any other purpose we deem necessary or desirable, without being obliged to pay you any compensation in respect of our use of that feedback.
If you do send us unsolicited ideas:
- they will be treated as if they were ‘user content’ in accordance with these terms of use; and
- they will be deemed to be non-confidential; and
- we will not be required to provide any acknowledgement of their source.
Electronic Communications
You consent to receiving communications from Winterstellar Charitable Trust electronically and you agree that all; agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by Winterstellar Charitable Trust (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
Disclaimers
While Winterstellar Charitable Trust endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, it’s accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by law, Winterstellar Charitable Trust disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.
Availability
Your usage of this website and any associated services may sometimes be subject to interruption or delay, due to the nature of the Internet and electronic communications. Winterstellar Charitable Trust and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you, should this website or the services supplied through this website become unavailable, interrupted or delayed for any reason.
Third Party Websites
This website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under Winterstellar Charitable Trust’s control and therefore we are not responsible for the contents, including the accuracy, legality or decency of any linked site or any material contained in a linked site.
We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Winterstellar Charitable Trust of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
Malicious Code
Winterstellar Charitable Trust endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, however we do not guarantee or warrant that this website, or any data available from it, does not contain malicious code.
We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.
Security
Winterstellar Charitable Trust will endeavour to protect the security of your personal information, however you acknowledge that there is a risk of unauthorised access to, or alteration of, your transmissions, data or of the information contained on your computer system or on this website.
We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet.
We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any outbound hyperlink.
Governing Law
These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.