Terms of ServiceThis website is owned and operated by Greenpeace New Zealand. These Terms of Service outline the terms and conditions upon which you can use our website to create and sign campaigns, and connect with others who share the same values.
1. Accepting our Terms of ServiceBy creating or signing a campaign on our website or ticking the box next to the words “I agree to the Terms of Service” on our website, you signify that you accept these Terms of Service and agree to be bound by them.
2. Creating a Campaign
2.0 Greenpeace NZ does not endorse or authorise any campaigns on our website.
2.1 You can use our website to create one or more campaigns that aim to create a more just, fair and sustainable society and do not promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, sexuality, disability, or religion. Our website is non-partisan and cannot be used by or on behalf of a political party or to promote any business or commercial purpose.
2.2 If you would like to create a campaign using our website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current and complete.
2.3 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account.
2.4 You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.
2.5 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS):
(a) from the individuals and organisations who have signed your campaign;
(b) from us in relation to your campaign and other campaigns created on our website; and
(c) from Greenpeace New Zealand in relation to other campaigns and causes that we think may be of interest to you.
2.6 You can unsubscribe from messages sent by us and/or Greenpeace New Zealand at any time by clicking on the “unsubscribe” link at the bottom of our emails.
2.7 As the creator of a campaign, you may have indirect access to the contact details of the individuals signing your campaign, either for him/herself or on behalf of an organisation (This will depend on the moderation status of your campaign).
2.8 You may use the email function for the sole purpose of sharing information directly relating to the campaign (such as sending updates on the number of signatures reached). You must not send more than 3 messages per week to any individual or organisation. All communications must be in line with the acceptable campaign purposes set out in clause 2.1.
2.9 You must immediately stop sending messages (including by email, SMS and MMS) to anyone who asks to be unsubscribed from your communications.
2.10 You acknowledge that we have no control over the messages sent to you by the individuals or organisations who sign your campaign.
2.11 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on our website and any messages you receive from other users of our website.
2.12 You agree that GPNZ can use the email address provided by you, from time to time, for the purposes of your Toko account to contact you for the purposes of sending you messages or notifications in relation to your account, including for the purposes of notifying you of any third party complaints regarding the contents of your Toko page, or comments posted by you on the site. GPNZ may also use this address for the purposes of serving you with any court proceedings relating to your use of Toko.
3. Signing a Campaign3.1 If you would like to sign any campaign on our website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign.
3.2 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages ((including by email, SMS and/or MMS):
(a) from the creator of the campaign in relation to the campaign you have signed;
(b) from us in relation to other campaigns created on our website; and
(c) from Greenpeace NZ in relation to other campaigns and causes that we think may be of interest to you.
3.3 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.
3.4 You acknowledge that:
(a) when you sign a campaign on our website, your name, post code and (if you have supplied it) your mobile phone number will be made available to the creator of the campaign;
(b) the creator of the campaign may export the campaign, together with information you have posted on our website in connection with the campaign (including your name, post code, phone number and comments), and provide the campaign to the individual or organisation being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign.
3.5 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of our website.
3.6 You agree that GPNZ can use the email address provided by you, from time to time, for the purposes of your Toko account to contact you for the purposes of sending you messages or notifications in relation to your account, including for the purposes of notifying you of any third party complaints regarding comments posted by you on the Toko site. GPNZ may also use this address for the purposes of serving you with any court proceedings relating to your use of Toko.
4. Your Content4.1 You warrant that all text, images and other content you post on our website (Your Content) is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on our website.
4.2 It is your sole responsibility to ensure that Your Content is based on reliable factual information and that all claims made can be fully substantiated. You agree to provide GPNZ with evidence to support Your Content if GPNZ raises concerns about its accuracy.
4.3 You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any campaign you have created on our website or any of Your Content which we believe violates these Terms of Service or which is or may be false, misleading, offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others.
4.4 By submitting and posting your content on our website, you give Greenpeace New Zealand, irrevocable, worldwide, royalty-free and non-exclusive licence to use, modify, reproduce, publish, broadcast, communicate, display and distribute Your Content in any format, using any medium, for the purpose of promoting your campaign, GPx and Greenpeace New Zealand,
5. Using our Website
5.1 Our website is available for your personal and non-commercial use only.
5.2 We do not endorse or authorise any campaigns on our website.
5.3 You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use of our website.
5.4 You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose.
5.5 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.
5.6 Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.
5.7 We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, images and trademarks.
5.8 If you have a complaint about any content posted on Toko you should notify us at firstname.lastname@example.org. Once your complaint is received, we will forward the complaint to the author of the content within 48 hours of receiving your complaint. The author will have a right to submit a counter notice to the host within 48 hours. If no counter notice is received within the 48 hours provided (or the author consents to the removal of the content), we will remove or disable the content as soon as is practicable. If a valid counter notice is received in which the author refuses to consent to removal, we will: (i) leave the content up; (ii) notify the complainant; and (iii) if the author consents, provide the complainant with personal information that identifies the author.
5.9 Our website is non-partisan and cannot be used by or on behalf of political parties.
6. Closing your account
6.1 We may suspend or cancel your account if you fail to comply with your obligations under these Terms of Service.
6.2 If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you make regular back-ups of Your Content.
7. Liability7.1 You use our website at your sole risk.
7.2 We provide our website on an “as is” basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
7.3 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website.
7.4 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise).
7.5 You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, Your Content, your use of (or inability to use) our website, any breach of our Terms of Service, and your conduct with respect to our website and other users of our website.
8. General Terms8.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Service available on our website. Your continued use of our website will be deemed to constitute your acceptance of such changes.
8.2 These Terms of Service set out the entire agreement between you and us relating to your use of our website and supersedes all prior discussions and communications.
8.3 There is no relationship of employment, partnership, agency or fiduciaries between you and us.
8.4 This agreement is governed by and construed under the New Zealand law
8.5 This agreement is subject to the laws of New Zealand. The New Zealand courts will have exclusive jurisdiction in relation to any disputes relating to or arising out of Toko which can not be solved amicably or through mediation.