1.0 Acceptance of terms

The Send offers Services principally to assist you in realising any action which you have communicated you have committed to achieving by submission to our websites.

By using our Take Action form or otherwise submitting your personal information via The Send’s websites, you are requesting our Services. These Services include, but are not limited to, sharing any personal information you provide us with our associates, partnering organisations, or churches that you have explicitly identified. Where appropriate, these parties will be notified of your interest in realising any action which you have communicated you have committed to achieving, receive the personal information you share with us, and may contact you directly to assist in putting your commitment into action.

The Send provides a collection of relationships, partnering organisations, their services, and online resources, including catalogues, training media, and various other services available on or through the Take Action form and thesend.org.nz (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). Where this policy addresses “The Send”, it includes “The Send NZ” as represented elsewhere.

By using the Service in any way, you are agreeing to comply with our Terms of Use. Additionally, when utilizing specific The Send services, you must comply with any relevant posted guidelines for all The Send services, which may be updated periodically. If you disagree with any term or condition within the Terms of Use (TOU), any guidelines, or any future changes to them, or if you are unhappy with the Service in any manner, your sole option is to stop using the Service immediately.

2.0 Privacy and information disclosure

The Send may, in its sole discretion, preserve or disclose your information, such as email addresses, and other user information in accordance with The Send’s Privacy Policy. By using our Services, you grant permission for The Send, its partners, associates, and any church you have identified as attending, the right to receive any personal information you share with us through our websites. This personal information includes your contact details and interests as you have supplied them.

3.0 Modifications to this agreement

We reserve the right, at our sole discretion, to modify, change, or otherwise alter these terms and conditions at any time. Such modifications will take effect immediately once they are posted. It is important for you to regularly review this agreement in order to stay informed about any updates.

4.0 Eligibility for use: Children

It is not our intention to collect personal data from children under the age of 13 without the permission of a Guardian. If you believe that a child under 13 has given us their personal data either through our websites and/or by using our Services without a Guardians permission, please contact us at [email protected].

5.0 Content

You acknowledge that all Content, including advertisements, posts, messages, text, files, images, photos, videos, sounds, or other materials, shared on, transmitted through, or linked from the Service, are the sole responsibility of the originating party from whom such Content originated.

6.0 Conduct

When using the Service, you agree not to submit, provide, or share information that:

• Impersonates any individual or entity, or inaccurately represents your association with them.
• Contains personal or identifying details about someone without their explicit consent.
• Is fraudulent, false, deceptive, misleading, misinformative, or constitutes a “bait and switch.”
• Disrupts normal flow of the Service by flooding the Service with excessive Content or Content that negatively impacts other users’ ability to use the Service.
• Utilizes deceptive identifiers to conceal the origin of transmitted Content through the Service.

Additionally, you agree not to:

• Employ automated methods such as spiders, robots, crawlers, data mining tools, or similar technologies to extract data from the Service unless explicitly authorized by The Send.
• Attempt to access The Send’s computer systems without authorization or engage in activities that disrupt, degrade the quality, interfere with performance, or impair the functionality of the Service or The Send.
• Use any automated device or software that allows the submission of Content to The Send without manual input by the author (referred to as an “automated posting device”), including but not limited to bulk submission or automatic submission at set intervals.

7.0 Third party content, sites, and services

The Send and the Content provided through the Service may include features and functionalities that allow you to access or link to third-party content. This content is completely independent from The Send and can include websites, directories, information and databases, servers, networks, systems, applications, products, software, programs, services, and the Internet as a whole.

The Send makes no representation or warranty as to the accuracy, completeness or authenticity of the information provided by parties who use our services, including but not limited to users, associates, partnering organisations, and churches.

You understand that The Send does not review all third-party Content, but The Send reserves the right (at its sole discretion) to reject, delete, or relocate any access to or provision of Content through the Service if it violates the terms of use, or for any other reason.

When using the Service, it is important to understand that your interactions with organizations and individuals, including transactions for goods or services, are solely between you and those parties. The Service acts as a platform for connecting users with organizations and individuals. Any transactions or dealings you have with these third parties are your responsibility. This includes payment, delivery of goods or services, and any associated terms, conditions, warranties, or representations. It is recommended that you conduct your own investigation you feel necessary or appropriate before proceeding with any online or offline transactions with any of these third parties. While we have made efforts in vetting our Partner organizations, we cannot assure the quality, safety, or legality of any Content, the accuracy of descriptions of goods or services, the sellers’ rights to sell or license such items, or the buyers’ ability to make purchases. The Service caters to experienced individuals who are accustomed to making decisions based on visual content and descriptive text.

If you engage the services of any associate, partnering organisation, or church, all arrangements in such regard are solely between you and the concerned party. The Send is not formally a party to any agreement which you may enter into with our associates, partnering organisations, or any church. If you are engaged by the aforementioned parties, all arrangements in such regard are solely between you and the concerned party.

You acknowledge and agree that The Send will not be held responsible or liable for any losses or damages resulting from interactions between yourself (users of the Service) and third parties. In case of disputes between users and third parties, you understand and agree that The Send is not obligated to intervene. If you find yourself in a dispute with one or more third parties, you hereby forever release The Send, its officers, employees, volunteers, agents, and successors from any claims, demands, or damages, actual and consequential, of every kind or nature, whether known or unknown arising from or related to such disputes and/or our service.

8.0 Church agreement

The Send may share personal information you provide us with the church that you explicitly identify as attending. This is so your church can follow up effectively with their congregation members and assist you in putting your submitted commitment into action.

This sharing of your personal information with your church is for a single instance following its submission to The Send via its Services. This information will be shared with your church via a spreadsheet and include your contact details, name, number, email, and commitment to action. No payment or remuneration can, or ever will be, made for this information.

Regarding the responsibilities of your nominated church and your personal information, only those churches with which we have a prior relationship may receive your personal information. This is to ensure due diligence has been taken in informing churches of their obligations regarding your personal information. By utilising our Services you agree that once your personal information has been shared with your nominated church, the protection and management of your personal information is the sole responsibility of your nominated church. It is the sole responsibility of your nominated church to manage your personal information in accordance with their own Privacy Policy. Under no circumstances should personal information be processed in any way that is unsecure or left unattended. It is the responsibility of the nominated church to ensure that your personal information is stored in a secure fashion and is used expressly for the purpose of follow up regarding your commitment to action. By submitting your personal information to The Send and/or it’s Services, you agree forever that The Send and it’s partnering organisations can never be held liable for any failure, abuse, breach, or harm that results from the mismanagement or lack of due diligence regarding the storage and/or use of your personal information by your nominated church.

9.0 Partner agreement

The Send may share personal information you provide us with our partnering organisations. Many suggested commitments to action have organisations behind them who specialise in assisting parties like yourself into that action. We’ve partnered with these organisations so that they can assist you in putting your submitted commitment into action if it is specific to their specialised field.

The sharing of your personal information with our partnering organisations (“Partners”) is done via a Customer Relationship Management System (“CRM System”) for the purpose of streamlining both their and our customer management processes and improving overall efficiency. By using this CRM system our partners agree to:

• The importance of protecting the confidentiality, security, and integrity of the shared CRM system and your personal information contained therein.
• Use the CRM system for the purpose of contacting you and marketing efforts.
• Utilize the CRM system to manage and track your interactions, communications, and related information.
• Collaborate with The Send in the integration, customization, and ongoing maintenance of the CRM system.

The Send grants a non-exclusive, non-transferable license to the partner to access and use the CRM System solely for the purposes outlined in the TOU. The CRM System and all associated intellectual property rights, including any modifications or enhancements made to it, shall remain the property of The Send. Partners must not reproduce, reverse-engineer, or disclose any personal information within the CRM system without the prior consent of The Send.
The Send and its partners agree to share data, including contact information, sales leads, and

other relevant data, through the CRM System. Each Party must maintain the confidentiality of the shared data and use it solely for the purposes outlined in the TOU. Both parties agree to implement reasonable security measures to protect the shared data from unauthorized access, loss, or disclosure. Partnering organisations must not export the data out of the shared CRM system unless granted permission from The Send.

The Send reserves the right to terminate a partner organisation’s access to the CRM for any reason, at any time, but will endeavour to provide two weeks written notice prior to termination. On termination of any agreement The Send has with a partnering organisation, both parties shall cooperate in the transition of use from the CRM System and transfer of user data. Upon termination of the relationship between The Send and a partner, The Send will remain in ownership of the CRM System, and the partnering organisation will receive a spreadsheet of contact information to input into their respective CRM System. Any dispute arising out of or in connection with the TOU will be resolved amicably through negotiations between the Parties.

By utilising our Services you agree that your personal information may be shared with our partners, and that the protection and management of your personal information is their sole responsibility once the Partnership Agreement we have with them has lapsed or otherwise been terminated. It is the responsibility of our partners to manage your personal information in accordance with their own Privacy Policy. By submitting your personal information to The Send and/or it’s Services, you agree forever that The Send can never be held liable for any failure, abuse, breach, or harm that results from the direct mismanagement or lack of due diligence regarding the storage and/or use of your personal information by our partners.

10.0 Limitations on service

You understand that The Send may impose limitations on the use of the Service, including access restrictions. You consent that The Send bears no responsibility or liability for the removal or inability to preserve any Content provided via the Service. You recognize that The Send retains the right to change or discontinue the Service (in whole or in part) at any time, with or without prior notice, and The Send shall not be responsible to you or any third party for such adjustments, suspensions, or terminations of the Service.

11.0 Access to the service

The Send provides you with a restricted, revocable, non-exclusive license to use the Service for your personal use. This license excludes any form of collection, aggregation, replication, duplication, display, or derivative use of the Service, as well as the use of data mining, robots, spiders, or similar tools for data extraction unless explicitly authorized by The Send. An exception to the above is granted to general-purpose internet search engines and non-commercial public archives that utilize such tools solely to gather information for displaying hyperlinks to the Service, under the conditions that they operate from identifiable IP addresses, use a recognizable agent, and adhere to the robots.txt file guidelines.

The Send prohibits the display of individual postings from the Service on your website or the creation of hyperlinks to such postings without explicit permission from The Send. You are allowed to create a hyperlink to The Send’s homepage as long as the link does not present The Send, its employees, volunteers, partners, or affiliates in a false, misleading, derogatory, or offensive manner.

Exceeding the authorized access granted to you by The Send, instantly terminates your permission or license. To engage in activities such as collecting, aggregating, copying, duplicating, displaying, or creating derivative works from the Service or any Content provided through the Service for purposes not explicitly mentioned here, including commercial purposes, you must obtain a written license signed by an authorized representative of The Send.

12.0 Proprietary rights

The Service is safeguarded by copyright laws and international treaties to the fullest extent permitted. The Content presented on or via the Service is protected by copyright in accordance with copyright laws and international agreements as a collective work and/or compilation. Any reproduction, redistribution of the site or the collective work, alteration, creation of derivative works, copying or replicating the sites, or any part thereof to another server or location for further reproduction or redistribution is prohibited without The Send’s express written consent. You also agree not to replicate, duplicate, or copy Service Content without explicit written permission from The Send, and agree to adhere to all copyright notices exhibited on the Service. Decompiling, disassembling, reverse engineering, or attempting to reveal any source code within the Service is not allowed. Additionally, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any aspect of the Service for commercial purposes. The names, logos, and materials displayed on The Send, including The Send itself, are trademarks, trade names, service marks, or logos (“Marks”) of The Send or other entities. You are not permitted to utilize any of these Marks without the express written consent of an authorized representative from The Send. The ownership of all such Marks and associated goodwill remains with The Send.

13.0 Disclaimer of warranties

You agree that your use of The Send and its services is entirely at your own risk. The Send and its Services are provided on an “as is” or “as available” basis, with no warranties of any kind. The Send disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of The Send and the service to the fullest extent permitted by law. The Send also disclaims any warranties for other services or goods obtained through or advertised on The Send or the service, or accessed via any links on The Send or the service, including without limitation, the warranty of title to or delivery of any good or service. Furthermore, The Send disclaims any warranties for viruses or other harmful components in connection with The Send or the service. Any advice or information, whether oral or written, obtained from The Send or through the service does not create any warranty not expressly stated herein. Some jurisdictions do not allow limitations of liability; in such jurisdictions, some of the aforementioned limitations may not apply to you.

14.0 Limitations of liability

The Send shall not be held liable under any circumstances for direct, indirect, incidental, special, consequential, or exemplary damages (even if The Send has been informed of the possibility of such damages) arising from any aspect of your use of The Send or the service. These damages may result from, but are not limited to, the use or misuse of The Send or the service, the inability to use The Send or the service, or the interruption, suspension, modification, alteration, or termination of The Send or the service. This limitation of liability extends to damages incurred due to other services or products received through or advertised in connection with The Send or the service, as well as information or advice received through or advertised in connection with The Send or the service. These limitations are applicable to the fullest extent permitted by law. Some jurisdictions do not allow limitations of liability; in such jurisdictions, some of the aforementioned limitations may not apply to you.

15.0 Indemnity

You agree to indemnify and hold The Send, its officers, volunteers, subsidiaries, affiliates, assigns, directors, officers, agents, service providers, successors, suppliers and employees, harmless from any claim or demand, including reasonable court costs and attorney fees, made by any third party due to or arising out of information you submit, or make available through the Service. This includes your use of the Service, your breach of the TOU, your violation of any of the representations and warranties herein, or your infringement of any rights of another party.

16.0 General Agreement

The Terms of Use (TOU), along with any additional terms you agree to when using specific elements of the Service, constitute the complete agreement between you and The Send, governing your use of the Service. This agreement supersedes any previous agreements between you and The Send. The failure of The Send to enforce any right or provision of the TOU does not waive that right or provision. If a court of competent jurisdiction deems any provision of the TOU invalid, you agree that the court should uphold The Send’s intentions as reflected in the provision, while the other provisions of the TOU remain valid. You agree that any claim or cause of action related to the TOU or use of the Service must be filed within one (1) year after the claim arose, irrespective of any contrary statute or law, or it will be permanently barred.

17.0 Violation of terms and liquidated damages

Please notify us of any violations of the TOU by emailing [email protected]. Our failure to respond to a breach by you or others does not mean we waive our right to act regarding subsequent or similar breaches. You acknowledge and agree that, as damages are often hard to assess, if The Send needs to take legal action to enforce the TOU, you will be responsible for paying The Send’s liquidated damages.

18.0 Questions and feedback

Questions about our services programs may be directed to: [email protected]. We welcome your questions and comments.