Terms of Service
Updated: 6 March 2015
- The Wellbeing Game is a project from the Mental Health Foundation of New Zealand ("MHF").
- Your use of The Wellbeing Game ("TWBG") Site, and your use of any Account you create on the Site are subject to these Terms of Service ("Terms"), which may be updated from time to time. By using this Site, or your Account on this Site, you are agreeing with the current version of these Terms. If you do not agree with these Terms, you should immediately discontinue all use of this Site and your Account.
- MHF may limit or remove your access to this Site if you breach these Terms. MHF may also discontinue or modify this Site or your Account at any time, without notice to you. You agree that you do not have any rights in this Site and that MHF will have no liability to you if this Site is modified, discontinued or your ability to access it is terminated.
In these Terms, unless the context otherwise requires:
- "Content" means all content on this Site, including art work, graphics, images, screenshots, text, music, trademarks, logos, downloadable files, slogans, characters and additional foregoing content.
- "Site" means this The Wellbeing Game website.
- "Account" means an account created on this website by a user for the purpose of playing The Wellbeing Game.
- "User Content" means content, including images, photos, musical works, text, and other materials posted by The Wellbeing Game users through an Account.
- "Third party content" means content located on the Site, including trademarks, trade names, characters, and copyrights, that are the property of third parties and licenced to MHF.
- All Content on this Site is the property of MHF and its licensors and is protected internationally under trademark, copyright and other intellectual property laws.
- Third party content remains the property of the third parties that market or license that content, and is used by MHF subject to license, or is subject to the fair use provisions of international copyright or trademark law.
- You agree not to display or use any Content or third party content located on the site in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of MHF, that disparages or discredits MHF and/or its licensors, that dilutes the strength of MHF or its licensor's property, or that otherwise infringes MHF or its licensor's intellectual property rights.
- You further agree that you will not misuse any Content that appears on this Site in any way.
- If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please go to our contact page and get in touch immediately.
- On certain areas of our Site you will be allowed to create an Account and through that Account you may be able to communicate with other users, submit content, images and photos, sounds, musical works, works of authorship and other materials and content.
You understand and acknowledge that you are responsible for your User Content, and agree:
- not to post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate;
- that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities;
- not to submit false or harassing reports or complaints to MHF about other users;
- not to post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
- not to impersonate any person or organisation, including without limitation, the personnel of MHF;
- not to misrepresent an affiliation with another person or organisation, nor will you post any content that contains slanderous or libellous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- that unless specifically permitted by MHF, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- not to post any software, files or links to other sites except as may be specifically permitted by MHF, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or feature of the site. You agree that you will not use robots, spiders, or other means to engage in fraudulent activity.
- The nature of this Site is interactive and includes the option for public posting. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary if you have explicitly agreed to publicly share your posts.
- You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to MHF may be used by MHF anywhere, anytime, and for any reason, subject to the terms of the User Content license described below.
- You understand and acknowledge that your User Content is solely your responsibility, and that MHF is not responsible for the information, data, text or other materials that may appear in any person's User Content. Opinions expressed in User Content do not necessarily reflect the opinions of MHF, and MHF does not endorse and has no control over User Content. User Content is not necessarily reviewed by MHF prior to posting and MHF does not necessarily monitor any materials posted, transmitted, or communicated within the Site. MHF makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
- If you believe that something on the Site violates these Terms, please contact us.
Ownership of User Content
- After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms.
- When you delete your User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- MHF may delete any User Content that in the sole judgment of MHF is inflammatory, offensive, unlawful, contrary to the intentions of TWBG, or otherwise violates these Terms.
User Content Licence
- By displaying, publishing, or otherwise posting any User Content on or through the Site, you grant to MHF a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content, on condition that the information is used anonymously. This User Content licence will terminate at the time you remove your User Content from the Site.
- You must not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently.
- You are responsible for all use of your Account and for the confidentiality of your password.
- You represent that all information submitted to create your Account is accurate and truthful.
- You understand and agree that you have no ownership rights in your Account. MHF may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if MHF deems that you have violated these Terms, the law, or for any other reason. MHF assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or an Account.
- You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
Third Party Websites
Limitations of Liability
- MHF makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. MHF makes no representations regarding the amount of time that any Content or User Content will be preserved.
- This Site is provided on an "as is, as available" basis. Under no circumstances, including negligence, shall MHF be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this Site.
- MHF shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond MHF's reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorised access to the Site’s records, programs, or services.
- In no event shall MHF's total liability for all damages, losses, and causes of action exceed five dollars (NZD 5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you. If the Consumer Guarantees Act 1993 applies to you, then nothing in these Terms limits your rights under that Act.
- These Terms are governed by and construed in accordance with the laws of New Zealand and the New Zealand courts have jurisdiction. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- Our Site is controlled and operated from within New Zealand. The services on our Site have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the services available on our Site are appropriate or available for use in other countries. If you choose to access our website from outside New Zealand you are responsible for compliance with applicable local law.
- Contact: MHF Information Officers on (09) 623 4812, or email: firstname.lastname@example.org.
- The "Five Ways" speech bubble design is © 2011 - 2017 the Mental Health Foundation of New Zealand.
Updated: 6 March 2015
Data and Information Collected
- To operate our services it is essential to collect or process certain data, including the following:
- Information regarding your visits to TWBG, and any resources you used during your visits to our website, including but not limited to, traffic data, location data, weblogs, and any communication data;
- Forms filled out by you within TWBG that allow us to collect information about you regarding registration, game play, application usage or donation/purchases you make; and
- Any data collected from communications to us from you, for any reason.
- Please be advised that if you publicly send messages or post material containing personal information, that information may be collected and used by others.
- Cookies may be used to gather the above data. When used, cookies are downloaded to your computer without prompting. The cookie file is stored on your hard drive, where files are transferred to. All computers can block cookies by activating relevant browser settings. There is a place to enable you to decline cookies under in your internet options. Please note if you decline cookies you may experience limited access to certain areas of our site.
- We also use Google Analytics to help us highlight any areas that may require change or improvement and to identify ways in which we can make your user experience more enjoyable.
- Please read Google's policy on how Google uses information from its partner sites: http://www.google.com/policies/privacy/partners/,
- You can terminate your Account at any time which will remove your profile and other personal information from view. We may keep information about you on our system following termination of your Account. Please contact MHF to terminate your Account or for any other questions about your personal information.
- Your personal information will only be shared with your agreement, or if legally requested, or for fraud protection. Any other information shared by MHF with third parties will not identify who you are, but rather be statistical data about our visitors and their use on our site. We use non-personally identifiable information and certain technical information about your computer and your access of our service (including your internet protocol address) in order to operate, maintain and manage our service, and to offer better services to you.
The data we collect from you is used for statistical analysis, including via Google Analytics, of our TWBG application. We may also use the data collected for the following:
- To offer you information you asked for from our site, in direct relation to our services or products. We may also send information on products we feel might interest you, as long as you have consented to such communications.
- Any commitments we make to you may require use of your information, used only to fulfil your request.
- As part of the evaluation of TWBG, researchers at the University of Canterbury will have access to your de-identified, anonymous data. This research has been reviewed and approved by the University of Canterbury Human Ethics Committee.
- We may use your information to explain any changes our website has undergone such as structural or service/product modifications, which could affect our service to you.
- We use your information to conduct research and test features in development, and to conduct audits and troubleshooting activities.
- A new application user may be contacted by us if they have consented to such communication.
- We store data for as long as it is necessary to provide products and services to you and others, including those described above.
- You will be given the opportunity to decline to receive communication from MHF. We will not communicate with you if the consent is withheld.
- If processing payments, we use secured and industry recognised third parties and information will be stored only to complete the transactions.
Personal Data Storage
- We will endeavour to store data you provide us with on secure servers and to encrypt any transaction details you provide us.
- We will use every security precaution reasonably available to us to maintain the security of your personal data. However there are inherent risks in transmitting and storing data online, so we cannot guarantee of data sent electronically or transmitted will be secure, and information offered is at your own risk.
- Our application and website are not intended for the use of children under the age of 13. If any information is inadvertently gathered, we will take all reasonable steps to permanently delete that data.
Third Party Links
- MHF will never request credit card, account ID, password or national ID numbers in a non-secure, unsolicited email or telephone communication.
Controlling Law and Jurisdiction
- Under the Privacy Act 1993 you have rights of access to and correction of personal information.
Please direct enquiries to:
Mental Health Foundation of New Zealand
PO Box 10051