Website Terms & Conditions of Use
- Category: FAQs about this site
- Created on Wednesday, 15 November 2006 18:34
- Last Updated on Thursday, 22 March 2012 01:20
Site Terms & Conditions
- www.destinychurchnelson.org is a privately owned website. Destiny Church Nelson owns the site, which means we decide what content we will and won't have on the site.
- Having a user account on any of our websites is a privilege not a right. We reserve the right to delete your account at any time for any reason.
- Objectionable material or links that contain objectionable material, including adult content, hateful or racist content are not permitted on this website. We reserve the right to determine what we feel is or isn't objectionable. If you post objectionable content on the site, that content will be deleted and you may face account deletion, server banning, or possible prosecution if crimes have been committed. We log I.P Addresses for this purpose.
- By applying for a user account you have opted in to receive our email newsletter. You can opt out of this newsletter by removing or changing your email address by clicking the "My Profile" link in the user menu after logging into the site.
- Your personal information is protected by our Privacy Policy
- If you strongly disagree with something on our site, (on a PC) click the small red "X" at the top right of your screen to fix the problem, (on a Mac) click the small red dot at the top left of your screen to fix the problem :)
- If you still strongly disagree with something on our site feel free to contact us and we will do our best to reply if a reply is appropriate.
Competitions & Prize Draws - Terms & Conditions
Occasionally we run promotional competitions and prize draws either here on our website or advertised in the media. The following terms and conditions govern these promotions.
$50 Free Fuel Prize Draw
- The prize draw will be drawn during our Sunday 10am Church Service.
- The winner must be present to collect the prize. If the drawn winner is not present a new entry will be drawn.
- Church members and staff are not eligible to enter the draw, you must be a visitor to the Church to qualify for entry.
- To be eligible, Entry forms (cut out from the Nelson Mail) must be handed to an Usher before the commencement of the 10am Service.
- Destiny Church Nelson reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Conditions of Entry.
- By accepting the prize, each winner acknowledges that their name and photo may be used for publicity purposes.
- The $50 Free Fuel Prize is in the form of a $50 MTA Fuel voucher, redeemable at any petrol station bearing the MTA symbol.
- The Judges decision is final and no correspondence will be entered into.
Terms & Conditions
AGREEMENT BETWEEN USER AND DESTINY CHURCH NELSON
The Destiny Church Nelson web site is comprised of various Web pages operated by Destiny Church Nelson.
The Destiny Church Nelson web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Destiny Church Nelson web site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Destiny Church Nelson reserves the right to change the terms, conditions, and notices under which the Destiny Church Nelson Web Site is offered, including but not limited to the charges associated with the use of the Destiny Church Nelson web site.
LINKS TO THIRD PARTY SITES
The Destiny Church Nelson web site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Destiny Church Nelson and Destiny Church Nelson is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Destiny Church Nelson is not responsible for web-casting or any other form of transmission received from any Linked Site. Destiny Church Nelson is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Destiny Church Nelson of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Destiny Church Nelson web site, you warrant to Destiny Church Nelson that you will not use the Destiny Church Nelson web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Destiny Church Nelson web site in any manner which could damage, disable, overburden, or impair the Destiny Church Nelson web site or interfere with any other party's use and enjoyment of the Destiny Church Nelson web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Destiny Church Nelson web sites.
USE OF COMMUNICATION SERVICES
The Destiny Church Nelson web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Destiny Church Nelson has no obligation to monitor the Communication Services. However, Destiny Church Nelson reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Destiny Church Nelson reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Destiny Church Nelson reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Destiny Church Nelson's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Destiny Church Nelson does not control or endorse the content, messages or information found in any Communication Service and, therefore, Destiny Church Nelson specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Destiny Church Nelson spokespersons, and their views do not necessarily reflect those of Destiny Church Nelson.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DESTINY CHURCH NELSON OR POSTED AT THE DESTINY CHURCH NELSON WEB SITE
Destiny Church Nelson does not claim ownership of the materials you provide to Destiny Church Nelson (including feedback and suggestions) or post, upload, input or submit to any Destiny Church Nelson web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Destiny Church Nelson, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Destiny Church Nelson is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Destiny Church Nelson's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DESTINY CHURCH NELSON WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESTINY CHURCH NELSON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DESTINY CHURCH NELSON WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DESTINY CHURCH NELSON WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DESTINY CHURCH NELSON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Destiny Church Nelson WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DESTINY CHURCH NELSON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESTINY CHURCH NELSON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS Destiny Church Nelson WEB SITE, WITH THE DELAY OR INABILITY TO USE THE DESTINY CHURCH NELSON WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DESTINY CHURCH NELSON WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF DESTINY CHURCH NELSON WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DESTINY CHURCH NELSON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS DESTINY CHURCH NELSON WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS DESTINY CHURCH NELSON WEB SITE.
TERMINATION/ACCESS RESTRICTION
Destiny Church Nelson reserves the right, in its sole discretion, to terminate your access to the Destiny Church Nelson web site and the related services or any portion thereof at any time, without notice.
GENERAL
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Destiny Church Nelson web site are: Copyright ©2010 Destiny Church Nelson and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Terms of Sale and Service
1. Contract Process
a. Where You submit Your Order to Us on our Websites or by emailing Your Order direct to Us: i. You will receive an electronic confirmation of receipt of your Order and of the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reason. ii. If at any time you wish to alter the details of your Order, please contact us. You will not be able to alter the details of the Order once the Order has been placed in our order processing system (This does not affect the rights of Consumers set out in clause 9 below). iii. No binding contract is formed until We have placed the Order in our order processing system.
b. Where You submit Your Order to Us by telephone or by post: i. You will be notified if the Goods are unavailable or if your Order cannot be fulfilled for any other reason. ii. No binding contract is formed until We have placed the Order in our order processing system.
c. We will retain a copy of the Contract for one year in the case of all orders other than Standing Orders, the Contracts for which will be kept for 7 years. We strongly advise You to keep a copy for Your own records.
2. Obligation to Supply
a. We are only liable to supply You with those Goods which: i. You describe accurately in your Order; and ii. are in stock at the time of receipt of Your Order.
b. Where You do not accurately describe the Goods, We will use Our reasonable endeavours to supply the correct Goods but You shall not rely on Our skill and judgement in selecting the Goods. We will accept the return of the Goods to Us and issue You a credit invoice if the Goods delivered do not match the description given in Your Order.
3. Delivery
a. We will despatch the Goods to your specified address on Your Order during normal business hours within 14 days (or six weeks in the case of Goods supplied by an Agency Publisher) of the date of receipt of your Order, or the publication date of the Goods (whichever is the later)
b. Where the delivery address is outside of the nation of New Zealand we will despatch the Goods within 14 days (or six weeks in the case of Goods supplied by an Agency Publisher) of receiving Your Order.
c. In either case, We will, unless otherwise agreed, despatch the Goods by standard post and charge You our standard handling charge as displayed on Your Order and Goods and Services Tax if the item is subject to G.S.T within New Zealand e.g. books, for each delivery unless You have ordered on our website(s) where standard delivery is free of charge. If You request delivery by any other method We will advise You of our handling charge.
d. Where We cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the time-scales envisaged at 3(a) and 3(b) above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.
e. We will arrange the return of the Goods and issue You a credit invoice where We are responsible, and You have been charged, for a duplicated delivery.
f. We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order. In those circumstances, unless we agree otherwise, You will remain liable to pay Us the Price together with the delivery fee and any other applicable taxes or duties in accordance with clause 7.
g. Where We do accept the return of duplicated Goods delivered in accordance with a valid Order, We reserve the right to apply an administration charge of 5% of the total value of the Order or NZD$10, whichever is the greater.
h. Nothing in this clause 3 affects the rights of Consumers as set out in Clause 9 below.
4. Damage or Loss in Transit
a. We will replace at no extra cost to You any Goods (including Goods despatched under a Standing Order or a Subscription) damaged on or before delivery, provided that You notify Us of the damage by telephone or in writing as soon as is reasonably possible after receipt of the Goods.
b. Subject to clause 4(a) above, We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.
c. Where Goods are despatched to You direct from Agency Publishers, the Agency Publisher's policy as regards all claims for items damaged or lost in transit shall apply.
5. Ownership of the Goods
a. Ownership of the Goods will not pass to You until We have received full payment for them.
b. Until ownership of the Goods has passed to You: i. You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our benefit; and ii. You will hold the Goods as bailee and will resell them on Our behalf as Our agent if we instruct you to do so.
c. If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense. In the event that You become insolvent, You authorise Us or Our agents or representatives to enter Your premises in order to take back the Goods or to inspect the Goods.
6. Warranty
a. Subject to clause 6(b), We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.
b. We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.
c. These Terms and Conditions do not affect any statutory rights You may have.
d. If you believe that the Goods are not of a satisfactory quality, You may, within 30 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.
7. Payment
a. You shall pay Our invoice for the Price of the Goods within 28 days of the date of Our invoice, unless Our Head of Sales or Credit Controller has agreed otherwise in writing.
b. If You do not pay any sums due hereunder by the due date for payment, We may charge interest on any outstanding amount at the rate of 2% per month above the base rate of the Bank of New Zealand from the due date for payment to the date payment is made.
c. All payments shall be made in New Zealand Dollars (NZD). You are responsible for paying any bank or transmission charge in addition to the Price.
8. Intellectual Property Rights
You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.
9. Cancellation of Order
a. Where You are a Consumer, You may cancel Your Order without giving any reason by notifying us in writing (or by email) within 1 working day from the date of receipt of the Goods.
b. In the event that You are a Consumer and You choose to cancel your Order and return the Goods to Us in accordance with this clause, we will refund the Price, including the delivery fee, to You. You will be responsible for the cost of returning the Goods to Us.
c. However: i. Your rights in relation to Subscriptions are as set out in clause 10 below; and
ii. Orders for the supply of audio or video recordings or computer software may not be canceled once the Goods have been unsealed.
d. Where you are not a Consumer: i. You may cancel your Order at any stage before the Goods have been placed in our order processing system.
ii. If You wish to cancel a Subscription or Standing Order after We have entered the Order into Our processing system but before the Effective Start Date, We reserve the right to charge You an administration charge of 5% of the total value of the Order or NZD$10, whichever is the greater.
10. Subscription or Standing Order
a. Subscriptions may be renewed prior to expiry of the initial Term. Standing Orders will be renewed automatically at the end of the Initial Term (and at the end of any subsequent Term) unless You notify Us in writing, not less than 14 days before the expiry of the Term, that You wish to terminate the Standing Order.
b. Subject to this clause, and to Clause 9(d), You may terminate a Subscription or a Standing Order at any time after we have entered the Order into our order processing system by giving us 14 days notice in writing.
c. If you cancel a Subscription after the Effective Start Date, You will not be entitled to receive a refund.
d. In the case of cancellation of a Standing Order, unless provided otherwise in these Terms and Conditions, You will be liable to pay for all Goods dispatched pursuant to the Order during the period of 3 working days after We receive your notification to cancel.
11. Waiver & Severability
a. Our failure to exercise or delay in exercising any of Our rights or remedies under these Terms and Conditions does not constitute a waiver of such rights or remedies.
b. If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable, it shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
12. Communications
a. Apart from Orders placed pursuant to clause 1 above, any notices, request or other communication required under these Terms and Conditions shall be in writing, and may be delivered by post or facsimile.
b. Notices will be deemed to be delivered within 48 hours of posting where they are delivered by ordinary NZ Post to any address within New Zealand and within five working days of posting where they are delivered by air mail to an address outside of New Zealand or, where they are sent by fax, on receipt of a successful facsimile transmission report.
c. Notices shall be delivered to Us at the address set out in these Terms and Conditions and to You at the address to which the invoice is sent or such other address as either party notifies from time to time.
13. Variation
These Terms and Conditions are the only terms which apply to this Contract. Any variation to these Terms and Conditions is valid only if it is agreed in writing by Our Head of Sales or Our Credit Controller.
14. Headings
The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.
15. Governing Law and Language
a. These Terms and Conditions shall be governed by New Zealand Law and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
b. These Terms and Conditions are written in the English language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.
16. Definitions
In these and any other terms and conditions included in the Contract, the expressions listed below shall have the following meanings:
"Agency Publishers" means any publisher producing any of the Goods on Our behalf.
"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.
"Customer, (You, Your)" means whoever places the Order for the Goods with Us.
"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.
"Effective Start Date" means the date of delivery of the first item of the Goods under a Subscription or Standing Order.
"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable.
"Goods" means any items offered for sale by Us and requested by You in the Order.
"Order" means Your request to purchase any Goods. This includes Standing Orders and/or Subscriptions.
"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Tax (G. S.T) or other taxes or duties.
"Seller (We, Us, Our)" means Destiny Church Nelson, (and/or Proton Bookstore) whose registered office is at 75 Pascoe St, Nelson, New Zealand, and its authorised representatives and assignees. Please contact us for our GST number.
"Standing Order" means Your Order for any Goods published during the Term and fitting the description submitted to Us by You in the Order.
"Subscription" means Your Order for specific Goods to be published periodically during the Term.
"Term" means the period of 12 calendar months commencing on the date of the first delivery of the whole or any part of the Goods or any subsequent anniversary thereof.
"Website" or "Web Site" means Our website to be found at www.destinychurchnelson.org, and any other website we choose to register from time to time.
Returns Policy
Destiny Church Nelson - Returns Policy
If for any reason you are not happy with an item you have purchased you can return it to us with 14 days of purchase. Providing that the following conditions are met you will receive a full refund of the purchase price (excluding shipping & handling).
- Item must be in a new, undamaged, unopened, re-sellable condition in its original packaging
- A copy of your invoice must be included with your return
- Return Postage to your address must be included with your return
- Any item returned must be sent to our Physical address as listed on our website.
If the item you received was damaged in transit please refer to our Terms of Service for return & replacement instructions.
Our Returns policy is governed by our Terms of Sale and Service
