PART A – WEBSITE TERMS OF USE & PRIVACY POLICY (updated 28 May 2018)

Welcome to HonourThem New Zealand Limited.  Thank you for using our Products and Services.  Together with our  Trading Terms, please read these documents carefully as they contain important information about using our Products and Services.

1.0 Website Terms of Use
This document comprises both our Website Terms of Use and our Privacy Policy. Its purpose is to explain to users (each, a “User”) the terms and conditions on which they visit and use this Website operated by HonourThem™ New Zealand Limited and its subsidiaries (“HonourThem™ ”) and to set out the basis on which we expect users to interact with our Website. Please read these Terms and Conditions through carefully as they govern your use of the HonourThem™ website. In these Terms of Use, unless the context requires otherwise, terms have the same meanings as defined in our Terms and Conditions of Supply.

2.0 Acceptance of Terms
These Terms of Use are to be read in conjunction with HonourThem™’s Privacy Policy.
By accessing and using our Website, you are deemed to have read and accepted these Terms of Use and it is a condition of your use of this website that you comply with our Website Terms of Use at all times.
We reserve the right to amend or modify these Website Terms of Use at any time and your continued access and use of the Website constitutes your acceptance of the Website Terms of Use. Any change or variation to these Website Terms of Use shall, at our discretion, be notified to you on the Website or provided to you by email and shall become effective on the date of such notification.

3.0 Website Tools
The calculators and other interactive tools that may be used on this website from time to time are intended to be illustrative only. HonourThem™ does not represent or warrant the accuracy, adequacy or completeness of any information provided by those calculators and interactive tools.

4.0 Website Etiquette
It is important to us, and to the Users of our Website that what you post is accurate, fair and respectful. You must not post any defamatory, offensive or abusive material to our Website. If we (in our absolute discretion) consider that you have done so we will be entitled (without limiting our remedies) to delete such material and terminate your access to the Website.
As a User of our Website you acknowledge that we are not responsible for any defamatory, malicious or offensive posts made by other Users. If you come across any material that you consider breaches our terms and conditions please make this known to us.
If you intentionally post false or misleading information to our Website we may terminate or suspend your access to our Website.

5.0 Website Information
The information on this Website has been provided by HonourThem™ for informational purposes only. HonourThem™ does not warrant the accuracy or completeness of the materials on this Website. HonourThem™ does not accept any liability for any loss or damage directly or indirectly arising from any use of or reliance upon any information contained on this website.
HonourThem™ may at any time change the information available on this website, without notice, including discontinuing all or any aspects of this website. HonourThem™ will not be liable for any loss or damage, which may arise directly or indirectly as a result of such changes.
If HonourThem™ amends the content of this website, the terms of any contract for products or services that you may have entered into with it will not be varied.
When transmitting your personal information over this website, you should remember that the Internet is not a secure environment; we cannot, and do not, accept any responsibility for any costs loss or damage (howsoever expressed) arising from any third party intercepting personal information sent to or from this website, or should any third party obtain access to any personal information stored on our website/back-end servers.

6.0 The Services
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others and to record memories of your loved ones via our Tributes page. You are permitted to set up Tribute Pages for deceased persons only. Unless stated otherwise the Services are for your personal and non-commercial use only.

7.0 Child Supervision
We are concerned about the safety and privacy of our Users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Website you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children in any online interaction.

8.0 User Account and Password Security
If a particular Service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. You may not use another person’s account at any time, without the express permission of the account holder.
Given it is your responsibility to ensure your username and password is confidential to you, you agree that you will be responsible to HonourThem™ for all costs, charges and expenses incurred via your username.

9.0 Termination
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including, without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

10.0 Third Party Websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that HonourThem™ is not responsible for the content or availability of any such sites.

11.0 Intellectual Property Rights
You acknowledge that the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws and that the Website and its Content belong to HonourThem™ or its licensors.
In accessing the Website you agree that you will access its content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without our prior written consent. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. Without limiting the above and subject to applicable law you may not archive the material or any part of it or form a database whether electronic or otherwise by systematically downloading or storing any or all of the material.
You warrant that you own the content uploaded by you on or through Website or otherwise have the right to grant the rights and licenses set out in these Website Terms of Use. You warrant that content uploaded by you does not infringe the rights of any third party, including without limitation, privacy rights and intellectual property rights or breach any applicable laws.
You grant HonourThem™™ a world-wide, non-exclusive, transferable, royalty-free licence to use any content and /or photos that you upload to or post on the Website. This licence does not end when you delete your content or your account.

12.0 Disclaimers
Use of the Website/Services is at your own risk. The Website/Services are provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, HonourThem™ will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
You agree to indemnify and hold HonourThem™ harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against HonourThem™ by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services and/or the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by HonourThem™ in consequence of your breach of these Terms and Conditions.
Materials on this Website published by us or by Users, including on the tributes page, may contain inaccuracies, incorrect information and typographical errors. HonourThem™ does not warrant the accuracy or completeness of any such materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. HonourThem™ reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. HonourThem™ may make any other changes to the website, the materials and the products, programs, services or prices (if any) described in the website at any time without notice.
Notwithstanding anything to the contrary expressed or implied in these Terms and Conditions and/or the Privacy Policy, and notwithstanding that you may have tendered payment for such Goods and/or services, we shall not be obliged to provide such good and/or services where the price specified by them is inadvertently or erroneously specified on the website (“Misstated Price”); we will, however, at your election either (a) refund any monies received from you on account such Misstated Price, or (b) apply such monies towards the actual price for such Goods and/or Services.

13.0 Severance
If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

14.0 Assignment
You must not assign, transfer or otherwise deal in any of your rights, powers or obligations under these Website Terms of Use. We may subcontract, assign, transfer or otherwise deal with our rights and obligations under these Website Terms of Use without your consent.

15.0 Change in Control
If we sell or otherwise transfer part of the whole of HonourThem™ or our assets to another organisation, including our database, you agree that your personal information and any other information collected through providing Goods and/or Services to you may be among the items sold or transferred.

16.0 Governing Law
The use of this Website and these Terms of Use are to be governed by the laws of New Zealand, and any disputes arising out of the same shall be resolved by the exclusive jurisdiction of the Courts of New Zealand.

17.0 Notification of Changes
All the terms and conditions are subject to change without notice.

18.0 Questions or Comments
If you have any questions or comments about the HonourThem™ Website Terms of Use and/or the way it affects you, please email us at admin@HonourThem.co.nz

 

PART B – PRIVACY POLICY

17.0 Privacy Policy
HonourThem™ New Zealand Limited and its subsidiaries (“HonourThem™”) value our User’s privacy. This Privacy Policy governs the manner in which HonourThem™ collects, uses, discloses and protects personal information collected from Users of HonourThem’s Website.
By visiting our Website, you are deemed to accept this Privacy Policy and acknowledge we have the right to collect, use, disclose and protect your information as described in this policy. Subject to clause 27.0 of this Privacy Policy, we may change this Privacy Policy from time to time and your continued use of our Website constitutes your deemed acceptance of those changes. If you do not accept this Privacy Policy, please do not use our Website.
This Privacy Policy should be read in conjunction with our Terms and Conditions of Supply and our Website Terms of Use. We are governed by the Privacy Act 1993 (New Zealand), accordingly you may have additional rights under that act in addition to those conveyed by this Privacy Policy.
In this Privacy Policy, unless the context requires otherwise, terms have the same meanings as defined in our Terms and Conditions of Supply and Website Terms of Use.

18.0 How we collect your personal information
We may ask you to provide us with personal information when you interact with the HonourThem™ Website or when we provide Goods and/or Services.
We may collect personal information from you in a variety of ways (whether arising from your use of this Website or in the course of providing Goods and Services to you), including but not limited to, when you visit our Website, register on it, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on this Website.
Depending on the functionality you interact with, you may be asked to provide your name, email address, phone number, your credit card information, your address and/or delivery address(es).
You have no obligation to provide us with this information, however, certain Services offered on or via the Website will require this information to be utilised. If you prefer not to provide personal information via the Website, please contact us on the numbers provided to discuss your requirements.

19.0 How we collect non-personal information
Our Website may automatically collect non-personal information about your system when you interact with us. Non-personal information may include the browser name, the type of computer and other technical information about your means of connection to this Website (such as the operating system and the Internet service providers utilised to do so).

21.0 How we use your personal information
We use your personal information for the primary purpose for which we collect it. You agree that HonourThem™ may collect and use personal information for the following purposes connected with our business:
• to provide and improve our Goods and Services;
• to communicate with you including sending marketing communications, news about our business and to respond to you when you contact us;
• to administer, evaluate, improve and secure our Website;
• to undertake billing and debt collection processes;
• to add data from any positing(s) to our Website (including to the Tributes page) to our database(s) and information systems, and other informational systems/databases. In particular HonourThem™ maintains a database of Loved ones and grave sites located around New Zealand and we may use your personal information to update and improve this database and provide links for users of this website.
• any other purpose for which we receive your prior consent.

23.0 How we disclose your personal information
We may transfer your personal information to our group companies, affiliates and/or related entities. We may also transfer your personal information to a third party in the event of a sale of part or all of our business to such party (or its group companies).
We may engage third party service providers to provide Goods or perform Services on our behalf. These third parties may be provided with your personal information to help us operate our business and provide the Goods and Services requested by you. We may also use third party service providers to administer our Website or to administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes. These third parties are not authorised by us to otherwise disclose your personal information, except to the extent required by law.
In sharing your personal information with our group companies, affiliates, related entities and/or service providers, and other third parties, we may transfer your information to other parts of the world. The entities that we transfer your personal information to are bound by the privacy laws of the country in which they are based. However, to the extent that such use does not conflict with local laws, use of your personal information by any such third party will be in accordance with this Privacy Policy.
Other than as set out above, we will not provide your personal information to any other third parties, unless there is a legal obligation to do so. We may share generic aggregated demographic information not linked to any personal information regarding visitors and Users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

22.0 How we protect your personal information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website or our database. Despite this, Users should be aware that there is a risk in transmitting any data electronically. This is a risk in all Internet dealings.

23.0 Your choices about your personal information
Subject to the provisions of the Privacy Act 1993, you have the right to access your personal information we hold about you where it is stored in such a way that it can be easily retrieved. If the personal information we hold about you is not accurate or complete, then you may request a correction to your personal information.
Please note our Website does provide an opt out function, which if selected will mean we do not publish any data on Facebook/Instagram or analogous social media sites. You may also choose to opt out of, or to unsubscribe from email lists and these functions will be provided within email communications.
If you chose to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. Opt out or unsubscribe functions, from those specific lists, will be provided within those emails.

24.0 Links to third party websites
You may find advertising or other content on our Website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own terms and policies.

25.0 Use of Tracking Technologies
Our Website may use “cookies” or analogous methods/techniques to enhance your experience. Where “cookies” are used, your web browser will place small data files (known as ‘cookies’) on your hard drive for record-keeping purposes and sometimes to track information about you (i.e. to allow forms to be ‘pre-populated’ with previously entered information. You may disable cookies by changing your browser settings, although this may have mean that you cannot use all of the features of the Website.
In particular, our Website uses Google Analytics to help analyse how visitors use our Website. Google Analytics uses cookies, to collect standard internet log information and visitor behaviour information in an anonymous form.
The anonymous information generated by Google Analytics cookies about your use of this Website is transmitted to Google. This information is processed to compile statistical reports on Website activity for this Website only.

26.0 Google Remarketing
We may use Google AdWords Remarketing to advertise HonourThem™ across the Internet, in particular on the Google Display Network.
AdWords remarketing may display ads to a User based on what parts of the HonourThem™ website you have viewed by placing a cookie on your web browser.
This cookie does not in any way identify you individually or give access to your computer or mobile device. The cookie is used to indicate to other websites that “This User visited a particular page, so show them ads relating to that page.”
Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.
We reserve the right to use remarketing (sometimes called retargeting) to better target our ads to interested customers. Users who have visited the HonourThem™ site may see additional HonourThem™ ads on participating websites, including the Google Display Network.
If you do not wish to see ads from HonourThem™ you can opt out in several ways:
1. Opt out of Google’s use of cookies by visiting Google’s http://www.google.com/settings/ads ads setting page.
2. Opt out of a third-party vendor’s use of cookies by visiting: http://www.networkadvertising.org/managing/opt_out.asp
Network Advertising Initiative opt-out page.

27.0 Changes to this privacy policy
HonourThem™ has the discretion to amend or modify this Privacy Policy at any time. Any change or variation to these Terms and Conditions shall, at our discretion, be notified to you on the Website or provided to you by email and shall become effective from the date of such notification. Your continued use of our Website constitutes your acceptance of such amendments or modifications.
28.0 Complaints
If there is a dispute or problem about your right of access to information, or about any part of this Privacy Policy, please contact us. If we don’t resolve the issue to your satisfaction, you can lodge a further complaint with the Privacy Commissioner.
29.0 Change in Control
If we sell or otherwise transfer part of the whole of HonourThem™ or our assets to another organisation, including our database, you agree that your personal information and any other information collected through providing Goods and/or Services to you may be among the items sold and/or transferred.
30.0 Contacting us
If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please email us at admin@HonourThem.co.nz