Terms of Service
1. Application of Terms
you agree to these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use our Services and Websites, and you must immediately stop doing so.
We may change these Terms at any time by updating them on our Websites. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use our Services and Websites, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, our Websites without notice or liability.
These Terms were last updated on 16 September 2020.
In these Terms:
including and similar words do not imply any limit.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
personal information means information about an identifiable, living person.
Services means Find A Helpline website, widget and API, Live For Tomorrow Guides and Live For Tomorrow Chat.
Terms means these terms and conditions titled Live For Tomorrow Terms of Service.
Third Party Service means a third-party website, application or service through which we may contact you for our Live For Tomorrow Chat service.
Underlying System means any network, system, software, data or material that underlies or is connected to the Find A Helpline website.
User ID means a unique name and/or password allocated to you to allow you to access Live For Tomorrow Guides.
We, us or our means Live For Tomorrow, our employees, contractors and volunteers.
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4. Your Obligations
You must provide true, current and complete information in your dealings with us and must promptly update that information as required so that the information remains true, current and complete.
You must keep your Login password secure and:
not permit any other person to use your password, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your password, by sending an email to [email protected].
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, any of our Websites or any Underlying System, or otherwise attempt to damage or interfere with our Services or Websites or any Underlying System; and
unless with our agreement, access our Websites via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You must obtain our written permission to establish a link to any of our Websites. If you wish to do so, email your request to [email protected].
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Websites by using your email address or password.
5. Intellectual Property
- We (and our licensors) own all proprietary and intellectual property rights in the Services and Websites (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6. Use of Information
The right to use content on our Websites is personal to you and is not transferable to any other person or entity and must not be distributed to any other person or entity, without our consent.
All information provided by us pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information and should not in any way be used as a substitute for seeking professional health care, mental health treatment, psychiatric care or therapy of any kind. If you believe you are experiencing a medical or psychological emergency, you should immediately call your local Emergency Services. If you are experiencing a clinical or long-term health issue, you should consult a medical professional.
We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.
7. Third Party Services
We may have contact with you through a Third Party Service, including for example Instagram Direct and Kajabi. If we have contact with you through a Third Party Service:
both us, and the third party that runs the Third Party Service may have access to the content of the messages you share; and
you agree that your information may be shared between us and that third party.
We are not responsible for, and make no representation regarding, the policies and practices of any Third Party Service. If we make contact with you through a Third Party Service, you are subject to these Terms as well as the terms and policies of the Third Party Service. We recommend you review the terms and policies of any Third Party Service you use in connection with our Services.
While every care has been taken in the preparation of the information contained on our Websites and in the provision of our Services, to the extent permitted by law, we and our service providers, employees and volunteers have no liability or responsibility to you or any other person for any Loss in connection with:
any of our Websites being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through our Websites;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Websites. To avoid doubt, you are responsible for ensuring the process by which you access and use our Websites; and
any site linked from the Find A Helpline website. Any link on the Find A Helpline website to other sites does not imply any affiliation, endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that our Services and Websites are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Services and Websites is not illegal or prohibited, and for your own compliance with applicable local laws.
To the maximum extent permitted by law:
you access and use our Services and Websites at your own risk; and
we are not liable or responsible to you or any other person for any harm caused or any actions taken or not taken by you or a third party during, after or as a result of your use of our Services, or any Loss under or in connection with these Terms, our Websites, or your access and use of (or inability to access or use) our Services or Websites. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise; and
we exclude all liability in respect of loss of data or any consequential or incidental damages.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with our Websites, or your access and use of (or inability to access or use) our Services and Websites, must not exceed NZD100.
11. Suspension and termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to our Websites (or any part of them).
On suspension or termination, you must immediately cease using our Websites and must not attempt to gain further access.
If we need to contact you, we may do so by email or by or by direct message on the social media platform we have been communicating on. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or our Services and Websites, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or our Services or Websites.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 8, 9, 12.1, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of our Services and Websites and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to our Services and Websites that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.