Terms & conditions

This Website (Site) is owned, operated and maintained by The Fred Hollows Foundation (NZ) (FHFNZ), incorporated as a charitable trust under the Charitable Trusts Act 1957 and registered as a charitable entity under the Charities Act 2005 (CC23722)), Level 5, the AIG Building, 41 Shortland Street, Auckland 1010.

Your access to and use of the Site is subject to these Terms & Conditions. Please read them carefully before using the Site. Use of the Site indicates your automatic acceptance of these Terms & Conditions.

1. Ownership

The Fred Hollows Foundation (NZ) operates under a Trademark Licence Agreement with The Fred Hollows Foundation. The information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) are owned by or licensed to FHFNZ, unless otherwise expressly stated.

FHFNZ reserves all copyright on material on its website, including any photographs and graphic designs. Except for use permitted under the Copyright Act 1994 or granted in a separate agreement, the use of material on this Site for any purpose, including repackaging in hard copy or soft copy, or compilation for any electronic media, is prohibited unless prior written permission by FHFNZ is obtained. The unauthorised use of the FHFNZ name and/or logo is against the law and is expressly forbidden.

2. Access

2.1 In order to use this Site, you need the equipment and connections necessary to access the Internet. You are responsible for:

• the provision of any such connection or access to the Internet;
• the payment of any fees associated with such connection or access (such as those charged by an Internet service provider or other online service); and
• the provision of all equipment necessary for you to make any such connection to the Internet, including a computer and a modem, and a Web Browser.

2.2 FHFNZ reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that FHFNZ believes, in its sole discretion

• violates any term or provision of these Terms & Conditions; or
• violates the rights of FHFNZ or third parties; or
•  is otherwise inappropriate for continued access and use of the Site.

3. System integrity and user conduct

3.1 You must not use the Site to:

• impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
• send junk, obscene, indecent, offensive, or threatening electronic mail or 'spam' to people who would not wish to receive mail from you;

• falsify or delete any attributions, legends, or other proprietary designations of origin or source of any Content of the Site;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
• commit forgery (or attempted forgery);
• harass any individual, or harm minors in any way;
• collect or store personal data about other users, including email addresses; or
• violate any applicable New Zealand, Commonwealth or international law, convention or regulation.

4. Links & advertising

4.1 This Site may contain links to third party websites. Those sites are not under the control of FHFNZ and FHFNZ is not responsible for the content or the links contained in those sites.

4.2 Neither FHFNZ nor its officers, directors, employees, agents, or related bodies corporate are responsible for the content of any third party sites which may be linked to or from the Site, or the products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.

4.3 The Site may contain advertisements or endorsements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. If you choose to acquire goods or use a service advertised by a third party on the Site, you do so using your own judgment and at your own risk.

4.4 Unless otherwise stated on the Site, neither FHFNZ nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them.

5. Intellectual property rights/limited licence to use the site

5.1 The Content of the Site is protected by copyright, trade mark and other intellectual property laws.

5.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content without the prior written consent of FHFNZ, except as expressly provided in these Terms & Conditions or as permitted by the Copyright Act.

5.3 The Fred Hollows Foundation NZ logo and name are the trademarks used by FHFNZ under licence from The Fred Hollows Foundation, and may not be used as part of your business or in connection with any goods or services without the prior written consent of FHFNZ.

6. Use of material

6.1 The information provided on this Site is not intended to be medical, optometric, ophthalmic or scientific advice or recommendations. Any medical, optometric, ophthalmic, scientific or other information posted on this Site is prepared for the general information of users of the Site.

6.2 Your particular objectives, needs and circumstances have not been considered in the preparation of information on this Site. Your particular circumstances may determine or affect the applicability and relevance of the information contained on this Site. You should seek professional advice before relying on such information to make independent decisions or before acting upon the information provided on this Site.

7. Disclaimer of warranties & limitation of liability

7.1

• This Site is provided by FHFNZ on an 'as is' basis without any express or implied warranty of any kind;
• FHFNZ has put in place reasonable security measures to protect the information you provide or obtain when accessing the Secure Pages of the Site. However, the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
• FHFNZ does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any Content on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
• Unless otherwise stated, FHFNZ does not warrant anything about the reliability, relevance, accuracy, completeness, timeliness, suitability, quality, physical state or fitness for a particular purpose of Content on the Site;
• FHFNZ will use reasonable efforts to update the Content on the Site, however FHFNZ does not make any commitment in this regard. You are responsible for assessing the relevance, reliability, suitability and accuracy of the Content on the Site;
• You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site;
• Neither FHFNZ nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising our of the use or inability to use the material or information available on or accessible through the Site, even if FHFNZ has been advised of the likelihood of such damages.  

7.2 If FHFNZ cannot lawfully exclude or modify its liability under a statutory term, condition or warranty, then the term, condition or warranty is deemed to be included in these Terms & Conditions and the liability of FHFNZ, its officers, directors, employees, agents and related bodies corporate for a breach of that term, condition or warranty, (including any economic or consequential loss) is limited, at the option of FHFNZ, to:

• in the case of services, the supply of the services again, or the payment of having the services resupplied; and 
• in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.

8. General

8.1 FHFNZ may from time to time amend, update, or change the Site or the Content on the Site, including these Terms & Conditions, without prior notice.

8.2 These Terms & Conditions constitute the entire agreement between you and FHFNZ with respect to this Site.

8.3 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.

8.4 The failure by FHFNZ to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of FHFNZ in respect of any existing or subsequent breach of these Terms & Conditions.

8.5 An email which is sent to FHFNZ using the Site or any other means is taken to be received by FHFNZ when the email message enters the electronic mail box of FHFNZ and is able to be opened in readable form. Proof of an email being received is established by production of an electronic or paper record of the date and time that the email message entered the electronic mail box of FHFNZ and was able to be opened in readable form.

8.6 These Terms & Conditions shall be governed by the laws of New Zealand, and each party submits to the exclusive jurisdiction of the Courts of New Zealand.