Berrysmith Foundation

Website Terms of Use

Effective as of 1st February 2012

Application of Terms & Conditions

The terms and conditions set out below ("Terms & Conditions") apply to the use of this website and in accessing or using or browsing this website, you agree to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, then you must refrain from using this website.

This website is controlled and/or maintained by the Berrysmith Foundation and any reference to "we", "our" or "us" in these Terms & Conditions shall mean the Berrysmith Foundation.

For the purposes of these Terms & Conditions, "website" shall mean

Amendment to the Terms & Conditions

We reserve the right to review and amend the Terms & Conditions from time to time and without notice to you. Any changes to the Terms & Conditions will be effective immediately upon posting of the revised Terms & Conditions on the website and such date will be set out at the top of this document.

Intellectual Property Rights

We own or control all copyright and other intellectual property rights in respect of all material in the website including without limitation all text, names, logos, trademarks, images, graphics, illustrations, artwork, audio clips, video clips, software and all other elements making up the website (collectively the "Material").

You may access, download and temporarily store one copy of any Material for personal and non-commercial use only and such right may be revoked at any time by us. Upon revocation, you agree to delete and/or destroy any copies of the Material.

Except as provided above you may not copy, reproduce, republish, download, post, transmit or distribute in any way any Material without our prior written consent.

You must not add, delete, distort or otherwise modify the Material or do anything which alters the website, or interferes with or affects its working.

Rules of Use

Any attempt to defeat or circumvent our security features or to use the website for any other purpose other than its intended purpose is prohibited.

By using the website you accept the following rules as to its use:

  • You will not post or transmit through the website any material that would violate or infringe in any way the rights of any other party including without limitation any threatening, harmful, defamatory, obscene or pornographic material, material that is fraudulent or contains false, deceptive or misleading statements, claims or representations, or any material that violates local law, or would have rise to any civil or criminal liability.
  • You will not post, upload, or otherwise make available through our website, without the prior written consent of the owner, any material protected by proprietary right, including without limitation copyright, trademark or other third party right.
  • You will not use the website in violation of any applicable law or regulation or in a manner which violates these Terms & Conditions.

Submitted Material

Any notes, postings, ideas, suggestions, concepts or other material submitted by you through the website via e-mail or any other means will become our property and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in any way and you will not have any claim against us with respect of such use.

You will use all reasonable efforts to ensure that any such submission is free from viruses, worms, Trojan horses or other items of a destructive nature.

We have no responsibility for any material or information created, stored, maintained, submitted, transmitted or made available on or through our website by other parties and are not obligated to monitor or exercise any editorial control over such material.

Termination of Access

We may terminate access to this website at any time without notice but our disclaimer will survive such termination. We do not warrant that you will have continued access to the website and will not be responsible or liable for any loss, claims, costs, expenses, or damage directly or indirectly incurred or resulting from or related to your inability to use or access the website.


We are committed to protecting your privacy and your personal information. Any personal information we may collect from you is subject to our Privacy Policy.


The Berrysmith Foundation to the fullest extent permitted by law disclaims all warranties, express or implied, in relation to the website including without limitation warranties as to accuracy, completeness and fitness for any particular purpose.

The Berrysmith Foundation does not accept any responsibility or liability for any direct, indirect, incidental, consequential, special, exemplary or punitive damage, or for any loss of profit, income or any intangible losses, or any claims, costs, expenses or damage, whether in contract, tort, equity or otherwise, arising directly or indirectly from, or connected with, your use of the website or any linked website, or your reliance on information contained in or accessed through the website.

Governing Law

This website is governed by and is to be interpreted in accordance with New Zealand law. Any claims or disputes between us concerning the website will be resolved by the New Zealand courts. To the fullest extent permitted by law, we will not be liable for any failure of this website to comply with the laws of any other country.

Privacy Policy

Effective as of 1st February 2011

Application of Privacy Policy

This website is controlled and/or maintained by the Berrysmith Foundation and any reference to "Berrysmith Foundation", "we", "our" or "us" in this Privacy Policy shall the Berrysmith Foundation.

For the purposes of this Privacy Policy, "website" shall mean This Privacy Policy explains how we may collect, store, use, and disclose any personal information that you provide to us when using this website. This Privacy Policy applies solely to information collected through the website and not through any other sources.

Your continued use of this website constitutes your consent to us collecting, storing, using and disclosing your personal information in the manner set out in this Privacy Policy. The Privacy Policy is subject to our Website Terms & Conditions which are posted on this website.

Amendment to our Privacy Policy

We reserve the right to review and amend our Privacy Policy from time to time and without notice to you. Any changes to our Privacy Policy will be effective immediately upon posting of the revised Privacy Policy on the website and such date will be set out at the top of this document.

Collection of Information

We may collect your personal information (including your name, email address, phone number and delivery address, date of birth, preferred Berrysmith Foundation project) when you register to receive our newsletter, or when you send us questions, comments and other communications.

You may choose not to provide your personal information but if it is not provided we may not be able to provide you with access to certain information and services on the website.

When you visit the website we may use automated technology (such as usage monitoring, software and cookies) to collect certain information about your visit to the website. The type of information collected may include your IP address, the type of browser used, the date and time you visited the website, what parts of the website you visited and any other information you expressly provide. Non-personal information is used only for internal review purposes such as tracking the traffic on the website on an aggregate, non-personally identifiable basis.

Use of Information

We will not use or disclose your personal information except in accordance with the Privacy Act 1993.

We may use your personal information to:

  • carry out your requests or to respond to your queries;
  • send you news and information about our activities, send online vouchers i.e. for birthday anniversary and general promotional material which we consider may be of interest to you (this information will only be sent electronically where you have consented to receiving such information);
  • post and/or courier prizes, promotional and/or literature material to your delivery address e.g letter of congratulations.
  • improve the website and to customise the website to your preferences;
  • verify your identity and to assist you if you forget your user name or password for any services we provide to you.

Personal information collected via the website will only be used or disclosed:

  • for the purpose for which it is collected;
  • if you have authorised us to do so;
  • we have notified you of the intended use or disclosure and you have not objected;
  • we believe it is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;
  • if we are required by law to do so.

We will not sell or lease your personal information to third parties. Your personal information will be made available internally for the above purposes and we may also disclose your personal information to third parties, who have agreed to treat your personal information in accordance with this Privacy Policy, for similar purposes. By providing us with your personal information, you consent to us using and disclosing your personal information in the manner set out above.

Storage of Information and Security

Any of your personal information collected by us will be stored and held by the Berrysmith Foundation [or its web service providers] in accordance with the Privacy Act 1993.

We will take all reasonable steps to protect your personal information that we hold from loss, misuse and unauthorised access, disclosure, alteration or destruction.

The internet is not a secure environment. If you send us any personal information, including your e-mail address, you do so at your own risk.

Other Sites

Our website may have links to other sites that we do not control or maintain. We are not responsible for the privacy practices employed by these sites. We encourage you to review the privacy statements of any site you visit from a hyperlink from our website.

Contact Information

You are entitled to access and correct any personal information we have collected and hold about you. To do so you may contact us at:

Berrysmith Foundation
PO Box 22-445, Otahuhu 1640, Auckland
09 529 1556

©2015 Berrysmith Foundation | Terms & Conditions | Security Policy