Terms of use

Terms of Use

These terms of use ("Terms of Use") record the terms that apply to the Ngā Taonga Sound & Vision ("Ngā Taonga," "our," "us," "we") website ("Website") and to our services. Ngā Taonga is the operating name for the New Zealand Archive of Film, Television and Sound Ngā Taonga Whitiāhua Me Ngā Taonga Kōrero. Ngā Taonga is a registered Charitable Trust. Our Charities Commission registration number is CC22250.

Your use of the Website and our services is governed by these Terms of Use and by using the Website and/or our services, you agree to be bound by these Terms of Use.

We reserve the right to change the terms of these Terms of Use at any time, and you should check the Terms of Use from time to time for that reason.

Disclaimer

The films, sound recordings, documents and any other works ("Works") published on our Website, and any views or opinions expressed by the authors of those Works or within such Works, are those of the respective author and are not necessarily those of Ngā Taonga. Ngā Taonga does not necessarily agree with or endorse the views expressed by any author or within any Work published on our Website. Ngā Taonga assumes no responsibility nor accepts any liability for the content of any Works published on our Website or views or opinions expressed by any author.

Whilst every care has been taken in compiling the information on our Website, we provide it to you on an "as is" basis. To the extent legally permitted, we will not be liable for any errors or omissions contained on our Website, nor for any incidental or consequential loss or damage in connection with publishing our Website, its content or its use by you.

You agree that where we offer links to other websites we are not responsible for their content, privacy practices or policies.

Copyright Statement

Unless otherwise stated, all copyright works, trade marks and other intellectual property published on our Website are owned by Ngā Taonga or are either licensed to us by, or reproduced with the permission of, third parties including, without limitation, the authors whose film works appear on our Website. You may only use any Works in accordance with any licence we grant to you. All rights not expressly set out in these Terms of Use are reserved to us.

Rights Information

All rights are reserved for all Works on the Website. As a trusted repository, Ngā Taonga places great importance on maintaining relationships with depositors of Works and rights holders through open communication, negotiation and rights management. Please read our Rights Information page for full details.

In its role as the archive for New Zealand’s radio, film and television collections, Ngā Taonga has some scope to show material without rights clearance in accordance with the Copyright Act 1994, Clause 57.

Ngā Taonga’s Content

Except where expressly stated otherwise we make no representations about the content and suitability for any purpose of the information contained on the Website. It is provided "as is" without express or implied warranty of any kind. All content, including opinions, offers, statements and advice, and Works made available through the Website are those of their respective contributors and not of Ngā Taonga, and should not necessarily be relied upon. Ngā Taonga disclaims (to the full extent allowable by law), all warranties with regard to this information, including all implied warranties as to merchantability or fitness for use. We shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to the Website, the Works or the use or performance of information contained in it.

Your Content

Notwithstanding our right to supervise activity on the Website, we have no obligation to monitor interactivity or content uploaded on the Website or any social media site directly by users in any way. By participating as a user, you grant to Ngā Taonga a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material you submit or upload to the Website. Your licence will be by reference to the material placed by you on the Website. You expressly waive in favour of Ngā Taonga and any other party authorised by Ngā Taonga all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire. Ngā Taonga retains the right and discretion (but not the obligation) to edit, delete, reject or remove any content or article which you post or seek to post on the Website or any social media site. You consent to Ngā Taonga collecting and storing your IP address for security purposes.

Donations

All donations will be processed using the secure IP Payments merchant facility. A receipt for your donation will be issued once your payment has been accepted and processed. As a donation is a gift of money given voluntarily to a charitable organisation, no refunds will be given on donations in any circumstances.

All donations made to Ngā Taonga may eligible for a 33% tax credit from the New Zealand Inland Revenue Department (IRD). To find out if you are eligible for a tax credit on your donation, refer to the IRD website.

If you have any questions about your donation, please contact our Fundraising Manager at tautoko@ngataonga.org.nz.

Classifications

Ngā Taonga Sound & Vision complies to the standards outlined in the Films, Videos, and Publications Classifications Act 1993. All films screened by us will be given a classification in advance of screening, and the classification will be published on the event listing.

Social Media

As part of your use of the Website you may elect to connect with us through various social media channels such as Facebook, Google+, Twitter, Instagram, YouTube and LinkedIn. In order to connect you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of such sites. Ngā Taonga is in no way associated with or endorsed by any social media channels and is not responsible for any content posted by any users or other third parties through such sites.

Our Obligations

We understand the importance of safekeeping your personal information. Ngā Taonga will retain all personal information you provide in accordance with the Privacy Act 2020. We also understand the importance of your choice to be contacted by Ngā Taonga Sound & Vision, and all our communications comply to the Unsolicited Electronic Messages Act 2007.

Ngā Taonga will endeavour to ensure all information on the Website provided by Ngā Taonga is up to date to the best of its knowledge. However, Ngā Taonga will not be liable for any incorrect or incomplete information displayed on the Website.

Indemnity

We accept no responsibility for your use of the Website or the Works, contributions made by you to the Website or the actions of other users of the Website, and you agree to indemnify and hold harmless Ngā Taonga and our employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against Ngā Taonga by any person arising from or in consequence of your use of the Website or the Works, and from and against any damage, loss, cost or expense suffered or incurred by Ngā Taonga as a direct or indirect consequence thereof.

Governing Law

This agreement between you and Ngā Taonga will be governed by the Laws of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

Privacy

Ngā Taonga collects personal information from you, through use of this website and our services. We are subject to the Privacy Act 2020 ("the Act") and the Privacy Principles contained in this Act.

What Information Do We Collect?

We collect personal information from you, including the following:

• Your name, mailing address and other contact details including your phone number and email address;
• Date of birth;
• Details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
• Credit card details; and
• Any other information you provide to us.

How Do We Collect this Information?

We collect information from you when you register on the Website or use our services to:

• use our services, including using any video, sound recording or document in the archives;
• Donate a video, sound recording or document to the archives (in accordance with our doners agreement);
• Book tickets to a show or event we operate or offer;
• Engage with any Ngā Taonga page on any social media site; 
• Make a donation to us or enter into any sponsorship arrangement with us (either as a one-off donation or as a regular supporter); 
• through conducting surveys, and other dealings you have with us; and/or 
• any other use of our services where we ask for your personal information.

What Happens if We Can’t Collect Your Personal Information?

If you do not provide us with the personal information described above, some or all of the following may happen:

• we may not be able to provide the services you requested;
• we may not be able to provide you with information about services that you may want, including information about special promotions or competitions; or
• we may be unable to tailor the content of our Website to your preferences and your experience of our Website may not be as enjoyable or useful.

How Do We Use Your Personal Information?

We use the information we collect in a number of ways including to:

• Provide you with services, including the providing of any video, sound recording or document in the archive;
• Help us facilitate access and manage the rights for our collection;
• Improve our customer service and website;
• Administer a contest, promotion or service;
• Send emails to you;
• provide you with tickets to any event you are attending;
• Advise you of any cancellations or changes to any events, including shows;
• Provide you with replacement tickets, at our discretion;
• Provide to third party contractors and service providers to help operate Ngā Taonga or to provide a service to you; and/or
• Provide to third party contractors and service providers who work with us to stage theatre shows so that they can provide you with promotional material and information about upcoming events.

We may also release your information as required by law and to enforce our website policies, protect our rights or property.

Direct Marketing

Ngā Taonga may only send promotional emails to those subscribers who have consented to receive them. The "unsubscribe" option will be clear and conspicuous for recipients and their request will be actioned immediately.

Your Consent

By using our Website or services you consent to our Privacy Policy.

Security of Your Personal Information

We implement a variety of security measures to maintain the safety of your personal information. We store your information securely in Cloud and server-based databases, accessible by authorised persons with access to our systems.

All payment information is transmitted via a third party payment provider and is only accessible by authorised persons with special access to such systems. After a transaction your credit card information will not be stored on Ngā Taonga’s servers.

Access and Correction to Your Personal Information

You have a right under the Privacy Act 2020 to access any personal information we hold about you and to request correction to that information. The Lead Advisor Information Management (privacyofficer@ngataonga.org.nz) has the role of Privacy Officer within the organisation and handles any queries, complaints or breaches related to privacy.

Other Information We Collect

Statistical Information

The Ngā Taonga website has been designed to automatically collect statistical information about visits to the site. This does not include personal information about individual users and is not treated as personal information under the Act. Site statistics allow Ngā Taonga to monitor use and performance of the website, and therefore provide a better service to users.

Photographs of Individuals on Our Site

Ngā Taonga photographers frequently take photographs, video and audio recordings at events presented by the archive, and share these on our website and social media channels. We will make best endeavours to let people know they are being recorded at the time, but if members of the public object to an image of themselves appearing online, they should contact website@ngataonga.org.nz and include a link to the image in question. Ngā Taonga will respond within three working days, in line with our Take-Down Notice and External Complaints Procedure.

Right to Amend Terms of Use

Ngā Taonga Sound & Vision retains the right to amend, at any time, the terms pertaining to use of our website and services.