Terms and Conditions

This website is owned and operated by Taken Life Charitable Trust.  These terms and conditions apply to each and every user of this website.   Prior to using this website (and any services offered through this website), Taken Life requires you to have read and accepted these terms and conditions.  

Terminology

Phrases used in these terms and conditions are defined as follows:  relevant party ​includes Taken Life and every officer, employee, contractor or agent of Taken Life.  Social media​ means FaceBook, YouTube, Twitter and any other website or connectivity site through which people may comment.  Taken Life ​means the trustees of the Taken Life Charitable Trust, registered as a charitable trust (Registration#CC52262).  Any reference in these terms and conditions to Taken Life or to “us”, “our” or “we” is a reference to the trustees of the Taken Life Charitable Trust.  Tribute Page ​means a page set up on this website in accordance with these terms and conditions as a tribute page for a deceased person.  user ​means each user of the website.  you ​means you as the user.  your user content ​means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this Website, for whatever purpose, including content on a Tribute Page or a comment on a Tribute Page.  website​ means this website, [www.taken.life]   RIGHT OF ACCESS As a user of this website, you will be allowed access to the Website to establish a Tribute Page(s) and to post tributes on Tribute Pages established by you and other users. 

A Tribute Page may include the following information:

(a) Name and photograph of the deceased person
(b) Tribute text
(c) Details as requested on the Tribute page
(d) Links to media coverage 
(e) A link to social media where additional content and comments may be posted; and
(f) Any other information as approved by Taken Life.  

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Your Obligations

You agree that:

  1. You have read and understood these terms and conditions and agree to be bound by them. 
  2. You have and will satisfy yourself that the use (whether directly or indirectly) of this website will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each relevant party from any such claim.
  3. You will make sure all information you provide Taken Life and publish on this website is accurate and complete and will keep Taken Life informed of changes to any information you give us.
  4. You will not upload, add or post content that is threatening, defamatory, offensive, contains any gang insignia or references to any gangs or is in breach of a Court order.
  5. You will not use this website to do anything unlawful or discriminatory.
  6. You own the copyright or possess the appropriate permissions to upload, add or post any material to the website;
  7. You will comply with the requirements of any restriction or exclusion relating to the use of this website as notified to you by Taken Life from time to time. 

You warrant that you are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation and that you have the authority to enter into these terms and conditions. 

You acknowledge that: 

  1. Taken Life has the right to decide not to publish your user content and to remove or alter any of your user content if we consider that the content is unsuitable or is in breach of these terms and conditions.
  2. Taken Life is entitled to take all actions that may be reasonably necessary or prudent to comply with any legal requirements or regulatory authorities without incurring any liability to you.
  3. Taken Life does not guarantee that this website will work as intended but will use reasonable endeavours to ensure that it remains reliable. Any and all implied warranties are expressly excluded.
  4. Taken Life will not be responsible, or liable to any third party, for the content, accuracy, or legality of any materials posted by you or any other user of this website;
  5. Taken Life will not be responsible or liable for any social media set up in connection with a Tribute Page or any content of any social media.  Taken Life does not monitor the content uploaded to the social media and users must adhere to any applicable social media terms and conditions. 
  6. Further information on how the Taken Life website works can be found on the About website page 

Intellectual Property

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We are the owner or licensee of all intellectual property rights in connection with this website and any material published on the website, other than material published on a Tribute Page or as otherwise specified.  

You may print off and download extracts of any page from this website for your own personal, non-commercial use.  

Warranties and Exclusions

  1. Taken Life will endeavour to provide the website with due care and skill, however, Taken Life does not guarantee the availability or reliability of the website. 
  2. Taken Life will remedy any unavailability of the website as soon as reasonably practicable. 
  3. Taken Life does not guarantee that the website will be: 
    a. Interruption or fault free or that any faults or errors will be corrected; 
    b. Available at any particular time;  c. Secure or private;  d. Free of viruses or other harmful features. 
  4. All conditions and warranties, which may be implied by law into these terms and conditions, are excluded except to the extent that it would be unlawful to do so. You agree that this clause is for the benefit of each relevant party. 

Indemnities and Limitations

  1. You indemnify and hold harmless each relevant party, from and against all liability or loss, cost, expense or damage (including reasonable legal fees) incurred or sustained as a result of, or in connection with: 
    a. Any claim that the manner in which the website is, directly or indirectly, used by you or anyone for whom you are responsible infringes the legal rights of any third party;
    b. Any other claim relating to the use by you, or anyone for whom you are responsible, of the website.
  2. You acknowledge that Taken Life is a charitable trust and will not have any liability to you for any claim arising from your use of the website.  

General

  1. The parties acknowledge that these terms and conditions and the use of the website are to be governed by and construed in accordance with the laws of New Zealand.  Each of the parties irrevocably and unconditionally agrees that the New Zealand courts have jurisdiction to hear and determine each suit, action or proceeding, and to settle disputes, which may arise out of or in connection with these terms and conditions or the use of the website and for those purposes irrevocably submits to the jurisdiction of the New Zealand courts.
  2. In the event that any one or more of the provisions contained in these terms and conditions shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these terms and conditions. 
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  3. The non-performance by Taken Life of any of its obligations under these terms and conditions shall be excused without liability to the extent that such performance is prevented wholly or substantially by any event beyond Taken Life’s reasonable control.
  4. No waiver by Taken Life of any provision in these terms and conditions is to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
  5. The parties acknowledge that for the purposes of the Contracts (Privity) Act 1982, each relevant party shall be entitled to rely upon, and enforce the provisions of, these terms and conditions as if the relevant party was a signatory to these terms and conditions. 
  6. Any notice to be given by Taken Life under these terms and conditions or in relation to use of the website must be in writing sent to the email address provided by you or by posting the relevant information on this website. Such notice shall be deemed to have been given at the time it is sent or posted by Taken Life.

Privacy

Donations

This website is run by the trustees of the Taken Life Charitable Trust, the beneficiary of which is Victim Support New Zealand.  Taken Life relies on donations to run this website.  If you wish to make a donation to Taken Life, this can be done through our “Givealittle” page, at the Donate website page. Givealittle is a zero fees online fundraising platform for New Zealanders, run by the Spark Foundation.  Any donations that Taken Life receives that are in excess of the funds required to run the Website will be donated to Victim Support New Zealand. 

Changes to these Terms and Conditions

Taken Life reserves the right to amend these terms and conditions from time to time on written notice to you (except in cases of emergency). You agree that your use of the website following notice of amendment will constitute your acceptance of the amended terms and conditions.

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