Terms and Conditions

These terms and conditions (referred to as ‘Agreement’) set forth the general terms and conditions of your use of the ecereform.org website (‘Website’ or ‘Service(s)’). and any of its related systems. This Agreement is legally binding between you (‘User’, ‘you’ or ‘your’) and ECE Reform Management (‘ECE Reform Management’, ‘we’, ‘us’ or ‘our’). By accessing and using the Website and Services, you agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and ECE Reform, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

For the purposes of this Agreement, ‘ECE Reform Management’ is defined as the legal owner(s) of the internet domain name ecereform.org.

1. Membership

Membership of the ECE Reform website-based collective does not constitute a contract for service. ECE Reform exists only for charitable purposes, not as an organisation established for the benefit of its members. If you join ECE Reform, you are responsible for maintaining your membership details and you are fully responsible for all activities under your control that occur under your membership and any other actions taken in connection with it. We may, but have no obligation to, monitor and review membership at any time. This does not however, affect the ability to use a pseudonym for communication displayed on the Website, as long as ECE Reform Management holds correct information as to your actual personal identity linked to that pseudonym. Providing false contact information may result in the termination of your membership. You must immediately notify us of any unauthorised uses of your membership or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your membership if we determine that you have violated any provision of this Agreement, or that your conduct or content would tend to damage our reputation and goodwill. If we delete your membership for the foregoing reasons, you may not re-apply for membership. We may block your email address and Internet protocol address to prevent further registration.

2. Donations

All funds donated via the Website will be the property of the ECE Reform Charitable Trust (‘the Trust’). The Trust and ECE Reform Management and the will endeavour to ensure that any donations solicited are used for the purposes described on the Website and in the ECE Reform Charitable Trust Deed. The use of any funds donated to ECE Reform or the Trust will be managed by the ECE Reform Charitable Trust Board exclusively for the purposes of the Trust.

A donation made through the ECE Reform website, or to the ECE Reform Charitable Trust by any other means, does not constitute or initiate a contract with ECE Reform Management or with the Trust for any purpose. The receipt of a donation does not oblige ECE Reform Management or the Trust to undertake any action, or provide any service to the donor. Donations are not refundable to a donor unless it is demonstrated in a New Zealand court of law that the funds were not used either for any of the purposes described on the Website, or for any of the purposes described in the ECE Reform Charitable Trust Deed.

3. User content

We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display or delete any Content you post on the Website. We have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

4. Accuracy of Website information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information on the Website that is inaccurate at any time, without prior notice. We undertake no obligation to update, amend or clarify information on the Website, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

5. Backups

We are not responsible to retain backup of the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

6. Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources as a result of their being mentioned or referred to on the Website. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

7. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose; or

(j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

8. Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ECE Reform Management or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ECE Reform. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of ECE Reform Management or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of ECE Reform Management or third party trademarks.

9. Limitation of liability

To the fullest extent permitted by applicable law, in no event will ECE Reform Management, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ECE Reform Management and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the ECE Reform Charitable Trust for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

10. Indemnification

You agree to indemnify and hold ECE Reform Management, the Trust, and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

11. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

12. Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

13. Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

14. Acceptance of these terms

By continuing to use the Website, you acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services.

15. Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to change@ecereform.org

This document was last updated on August 7, 2023