The Michael Hill International Violin Competition Charitable Trust
– Website Terms of Use

1. Introduction

This website www.violincompetition.co.nz is owned and operated by The Michael Hill International Competition Charitable Trust (‘MHIVC’, ‘we’, ‘us’, ‘our’). These terms of use (‘terms’) constitute an agreement between you, the website user, (‘you’, ‘your’) and us. By accessing or using this website you agree that you have read, understood and accepted these terms, and you agree to be bound by them. If you do not accept these terms and agree to be bound by them, then you must refrain from accessing and using this website.

2. Changes

We may add to, modify, suspend, or remove this website or any information, material, or feature on or incorporated in this website at any time and without notice to you. We may change these terms from time to time by publishing the changed terms on this website, and such changes will be effective immediately upon publication of the same. You should review these terms periodically to be aware of such changes. By continuing to access or use this website following such publication you accept the revised terms.

3. Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.

4. Electronic communications

You consent to receive electronic communications and information from us (or on our behalf) and 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 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.

5. Privacy

We may collect personal information from you (including your name and email address) when you use this website including when you complete forms on this website and in the course of our receiving communications from you. You may decide not to provide your personal information to us, however if you do not provide it we may not be able to provide you with certain information or services.

We will not use or disclose your personal information except in accordance with these website terms or the Privacy Act 1993. We may use your personal information to communicate with you, provide you with information (including promotional material, news, and event and competition information) where you have requested or agreed to receive such information, improve or update this website and our information or services, and personalise this website to your preferences.

Your personal information will be made available internally for the above purposes and we may also disclose your personal information to third parties for the above purposes. We may disclose your personal information to another entity that will carry on operating this website in replacement of us.

When you visit this website we may use automated tools (such as cookies) to collect information about your visit and this information will be used in aggregate non-personal form to analyse how this website is being used and, except as set out in these website terms, we will not disclose any such information except in aggregate form.

You may request access to, or correction of, any personal information we hold about you by contacting us at annerodda@violincompetition.co.nz.

6. Intellectual property

The name and logo of MHIVC and all trade marks appearing on this website belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission (or the prior written permission of the applicable licensor or affiliate) in each case.

The materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, you acknowledge and agree that all copyright and other intellectual property rights that may subsist in all materials available through or published on this website including text, graphics, logos, illustrations, artwork, photographs, video, music, sounds, layout, designs, computer programs and software, and source code, belong to us or to our licensors (together, ‘our intellectual property’).

Except as expressly allowed under these terms or with our prior written permission, you may not in any form or by any means use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way our intellectual property, or commercialise any information, products or services obtained from any part of this website.

7. Limited permission to use materials

You are only permitted to download and print extracts of material or content from this website for your own personal non-commercial use, or to quote insubstantial portions of such material or content in another document provided that an acknowledgement of the source of such materials is provided in each case. You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms that we post on this website.

8. Feedback and ideas

If you give us feedback about this website or our services we may 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. If you provide us with ideas as part of your feedback they will be deemed to be non-confidential and we will not be required to provide any acknowledgement of their source.

9. Disclaimers

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, we do not give any warranty or other assurance as to the content of material appearing on this website, or its accuracy, operation, quality, functionality, completeness, timeliness or suitability 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.

The views expressed in any third party material available through this website are not necessarily the views of MHIVC and we expressly disclaim all responsibility for any third party material.

If any provision of these terms is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

10. Liability

To the maximum extent permitted by law, we disclaim all responsibility for, and are not liable for, any damages or losses (including, without limitation, direct, indirect, special or consequential damages, financial loss, damages for loss of business opportunity, loss of revenue, or profits or other economic losses, or loss of, or corruption to, data) whether arising in contract, tort (including negligence) or otherwise from (a) the use of, or inability to use, this website or (b) any material or information appearing on this website, or from any action or decision taken as a result of using this website or any such material or information.

If the exclusion of liability in the previous paragraph is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).

11. Availability

Your use of this website and any associated services may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not warrant 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 interrupted, unavailable, restricted, or delayed for any reason.

12. Hyperlinks and third party websites

This website may contain hyperlinks to third party websites (‘external hyperlinks’). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlink. 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 service provided by any third party. You are responsible for complying with any terms and conditions imposed by third party websites. We are not responsible for third party websites and we encourage you to review their website terms and privacy policies so that you can understand how the personal information you provide may be collected, stored and used.

13. Security and malicious code

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or 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 activity. All information transmitted to you or from you is transmitted at your risk. We do not accept responsibility for any interference or damage to any computer system which arises in connection with your accessing of this website or any external hyperlinks. You are responsible for ensuring that the process that you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage any computer system.

14. Governing law

These terms (and any contracts between you and us which arise through your use of this website) shall be 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 (and any contracts between you and us which arise through your use of this website). You submit to the jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to these terms (and any contracts between you and us which arise through your use of this website).

These terms were last updated on 13 APRIL 2016.