Terms of use
ASPEN INSTITUTE NEW ZEALAND LIMITED ("ASPEN NZ") WEBSITE TERMS OF USE
1 APPLICABILITY AND AGREEMENT TO TERMS
1.1 These terms and conditions ("Terms of Use") apply to your use of this website (the "Website"). By using this Website, you are deemed to accept these Terms of Use and are bound by them.
2 AMENDMENTS TO THESE TERMS OF USE
2.1 We may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when we post the amended Terms of Use to the Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use the site following any amendments, you agree to be bound to the Terms of Use as amended, whether or not you have been notified of any amendments.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 IP rights in Website
We (or our licensors) own all intellectual property rights in the Website, including all of the content and all software code underlying and forming part of the Website.
3.2 Your right to use the Website
Permission is granted to individuals and non-profit organizations to reproduce materials from this Website (except where otherwise stated) provided that the following copyright notice is affixed to all reproductions and that no changes are made to the relevant materials:
"©2019 The Aspen Institute. All Rights Reserved.".
You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website (including the content of the Website) in any way.
4 ACCEPTABLE USE
4.1 Compliance with law
You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.
4.2 Specific prohibitions
Without limiting clause 4.1, in particular, you agree not to:
a) damage or harm the Website, or any underlying or connected network or system;
b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;
c) introduce any viruses, content or code to the Website which is technologically harmful;
d) use the Website to do anything unlawful, misleading, malicious, or discriminatory;
e) do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack; or
f) facilitate or encourage any violations of these Terms of Use,
or attempt to do any of the above.
4.3 Unsolicited email
Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email. Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.
5. OUR LIABILITY
5.1 Third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. Articles or reports by named authors express their own views and do not necessarily reflect the views of Aspen NZ.
5.2 Reasonable care
We will use reasonable endeavours to ensure, but shall have no liability to you in relation to:
a) the availability of the Website; and
b) the accuracy, reliability and completeness of the information provided on the Website.
5.3 No liability
The Website is provided on an "as is" and "as available" basis. You agree that, to the maximum extent permitted by law:
a) any and all of our liability and responsibility to you or any other person:
i) under or in connection with these Terms of Use; or
ii) in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),
is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
b) our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and
c) we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
Except to the extent permitted by law, nothing in these Terms of Use has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993, New Zealand Fair Trading Act 1986 or any other consumer protection law that cannot be excluded.
5.4 Third party intellectual property rights indemnity
To the extent permitted by law, any user who duplicates electronically or in printed form, re-transmits, redistributes or otherwise uses material or content from the Website shall be solely responsible for any violation of the intellectual property rights of a third party caused or contributed to by that duplication, re-transmission, redistribution or use, and hereby agrees to indemnify and hold Aspen NZ harmless from any loss or damage, including legal fees, arising out of any claim or proceeding instituted on the grounds that any of the foregoing rights have been violated.
6. PRIVACY STATEMENT
6.1 Our privacy commitment
We comply with New Zealand's privacy laws and will treat all personal information that we hold about you in accordance with the Privacy Act 1993. This privacy statement explains how we may collect, store, use, and disclose your personal information. Your use of this Website means that you accept and agree to this privacy statement and any revisions or updates as notified to you in accordance with these terms.
6.2 How we collect personal information
We collect personal information directly from you. This collection only occurs when you provide your information in an online form, for example when you submit an enquiry to us via the website. You will be prompted to fill out the online fields with the personal information that we need from you to be able to complete your request.
6.3 Personal information that we collect from you
Depending on your use of the Website, we collect the following kinds of information from you:
a) your name;
b) your email address
c) your IP address;
d) your telephone number;
e) your mailing and/or street address;
f) your profession, occupation or job title;
g) your employer or organisation you represent; and
h) your financial and credit card information.
If you do not provide the relevant personal information to us, the Website may not operate as intended and we may not be able to make certain sections of the Website available to you, communicate with you or provide you with products or services.
6.4 What we do with the information we collect
We collect your personal information strictly for the purposes of (as applicable):
a) ensuring that content from the Website is presented in the most effective and easily understandable way for you and for your computer;
b) adding you to our mailing list;
c) communicating with you about our work, changes to our service and processing your requests;
d) providing products and services to you;
e) dealing with enquiries and complaints made by or about you relating to the Website;
f) keeping the website secure and to prevent fraud;
g) verifying compliance with these Terms of Use;
h) statistical analysis; and
i) internal record keeping and administrative purposes.
6.5 How we handle your personal information
We will not sell, distribute, or disclose your personal information to any third parties unless we are permitted or required by law to do so, or if you have consented to such disclosure. You agree that we may disclose personal information about you to:
a) our employees, contractors, agents, the Aspen Institute international Network of Partners and advisors as required for the purposes set out above; and
b) any third parties that you have asked or authorised us to share your personal information with.
We will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. We will keep all personal information about you, including hardcopy and electronic information, safe and secure in accordance with reasonable security standards. If your personal information is no longer needed by us for any of the purposes identified above, and we are not required by law to retain it, we will take reasonable steps to destroy or render it incapable of identifying you.
6.6 Use of cookies
A cookie is a small file which requires permission before it can be placed on your computer's hard drive. A cookie helps analyse web traffic or lets you know when you visit a particular site, and allow web applications to respond to you as an individual. The web application can gather and remember your preferences to tailor its operations to your likes and dislikes.
We use traffic log cookies to identify which pages on our Website are being used. This helps us analyse data about web page traffic and improve our website. We only use this information for statistical analysis purposes and then the data is removed from the system.
The cookie does not give us access to your computer or any information about you, other than the data stored in the cookie. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Turning off cookies will not affect your ability to use the Website.
In addition, our third-party service providers provide us with cookie related services. You can view their cookie terms at the below links:
a) Squarespace;
b) Eventbrite;
c) Google Analytics; and
d) HubSpot.
6.7 Accessing and correcting your personal information
You have the right under the Privacy Act 1993 to access the personal information that we hold about you, and to ask us to correct it if necessary. If you want to check the personal information that we may have collected from you or request the correction of any such information, please contact us at info@aspeninstitute.nz.
6.8 Making a complaint
If you wish to make a complaint about the way in which your personal information is handled by us, please contact our Privacy Officer. We will endeavour to respond to such complaints with due care and within a reasonable timeframe.
6.9 Changes to this privacy statement
We may update this privacy statement from time to time. When we do we will post the updated privacy statement on this Website, so we encourage you to periodically review this privacy statement. This privacy statement was last updated on 29 August 2019.
7 GENERAL
7.1 No waiver
If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.
7.2 Entire agreement
These Terms of Use, our privacy statement and any additional terms referenced on the Website constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.
7.3 Remedies cumulative
The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.
7.4 Severance
If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use. Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.
7.5 Governing law
The Website and these Terms of Use is governed by the laws of New Zealand. When you access the Website, you submit to the exclusive jurisdiction of the New Zealand courts.