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Website terms of use

1. Applicability and agreement to terms

1.1 By using the Website, you accept these Terms of Use and are bound by them.  If you do not accept these Terms of Use, you should not use the Website.

1.2 Please read these Terms of Use carefully.  They apply to your use of this website found at www.nzta.govt.nz (the "Website").

1.3 Additional terms may apply to specific goods or services or online tools or functions provided through or on the Website. Where we indicate on the Website that additional terms apply, you must read the Terms of Use in conjunction with those additional terms.  If there is any inconsistency between these Terms of Use and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).

2. Who's who

2.1 In these Terms of Use:

"We", "us", and "our" are references to the New Zealand Transport Agency;

"You" and "your" are references to you.

3. Amendments to these Terms of Use

3.1 We may amend these Terms of Use in whole or in part from time to time. 

Amendments will be effective immediately when we post the amended Terms of Use on the Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use the Website, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).

4. Intellectual property rights

4.1 IP rights in Website

We (and our licensors or suppliers, as the case may be) own all intellectual property rights in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings) and all software code underlying and forming part of the Website.

4.2 Your right to use the Website

You may view, save, copy and print any part of the Website (including the content of the Website) for your personal use only.  You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website (including the content of the Website) any way.  If you wish to use any third party material identified as such on the Website you must obtain the prior consent of the relevant owner.  This includes the content of websites you access via links from the Website.  If you would like to use any part of the Website (other than saving, copying and printing any part of the Website for personal use), please contact channels@nzta.govt.nz.

5. Acceptable use

5.1 Compliance with law

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.

5.2 Specific prohibitions

Without limiting clause 0, in particular, you agree not to:

(a) damage or harm the Website, or any underlying or connected network or system;

(b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;

(c) introduce any viruses, content or code to the Website which is technologically harmful;

(d) use the Website to do anything unlawful, misleading, malicious, or discriminatory;

(e) do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;

(f) facilitate or encourage any violations of these Terms of Use;

(g) upload or post any content on the Website (or use the Website to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.

(h) send or otherwise post unauthorised commercial communications (such as spam) on the Website;

(i) engage in unlawful multi-level marketing, such as a pyramid scheme on the Website;

(j) solicit log in information or access an account belonging to someone else;

(k) bully, intimidate, or harass any user/member of the Website;

(l) offer any contest, giveaway, or sweepstake on the Website without obtaining our permission. If we consent, you take full responsibility for the contest, giveaway, or sweepstake, and agree to comply with all applicable laws,

5.3 Monitoring and removal of content

We are not obliged to monitor your use of the Website (including any comments made on, or content posted or uploaded to, the Website).  However, we may decline to publish, remove or modify comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms of Use or any additional terms. 

5.4 Linking

You agree not to create a link to the Website without our express prior permission.

or

You may create a hyperlink to the Website from another website. However, this link must not be presented in any way that implies that the Website has an association with the other site, or endorses that site or the products available on or through that site.  Neither our name, nor any of our logos may be used on any other site without our written consent.  If you create a hyperlink text to the Website, you are responsible for all direct and indirect consequences of the link.

5.5 Unsolicited email

Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email.  Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

5.6 Our rights and remedies

Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

(a) limit your activities on the Website;

(b) warn other users of your actions;

(c) issue a warning to you;

(d) suspend or cancel your access to the Website;

(e) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any content in breach of these Terms of Use.

5.7 General indemnity

You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use, your failure to complete a transaction, your use of the website's message boards, or arising out of any content or item you submit, post, upload, transmit, link to or make available.

6. Login

6.1 Security of your login information

Where you are required to register or login to any part of the Website, you must keep all usernames and passwords secure and confidential and must not disclose them to any third party.  You must take reasonable care to:

(a) choose a password that is a secret known only to you which cannot be easily guessed;

(b) not disclose your password to anyone;

(c) not allow anyone to see your password or have the opportunity to see it or record it when you enter it on a computer; and

(d) change your password at regular intervals.

6.2 Compromise of passwords

You must immediately change your password and notify us if:

(a) you believe the secrecy of your password or the security questions which you answered has been compromised; or

(b) you become aware of any unauthorised use of your username or password.

6.3 Effect of using username and password

You agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that we may do so without further enquiry.

6.4 Responsibility for Login Information.

You are responsible for any actions taken through your login. 

6.5 Termination of membership

We may decline to register, suspend, or terminate your membership (including your logon and/or the connection of your hardware device) without notice and without entering into discussions with you.  Without limiting the foregoing, we may suspend or terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.  Members who have registered under multiple aliases will have all of their aliases disabled.  If we suspend or terminate your membership, you must not create another one without our prior approval.

7. Reasonable care

We will use reasonable endeavours to ensure:

(a) the availability of the Website subject to any downtime for maintenance; and

(b) the informationand functionson the Website are reliable, up-to-date, complete and accurate at the time of publishing.

8. No liability

The Website is provided on an "as is" and "as available" basis. You agree that, to the maximum extent permitted by law:

(a) any and all of our liability and responsibility to you or any other person:

(i) under or in connection with these Terms of Use; or

(ii) in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),

is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;

(b) our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and

(c) we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Resolution of disputes

Except to the extent you need to contact us to inform us of any breach of these Terms of Use, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arises between you and another user.

If you wish to notify us of any dispute you have with us, you should contact info@nzta.govt.nz

10. General

10.1 No waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.

10.2 Entire agreement

These Terms of Use, our privacy statement and any additional terms referenced on the Website constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.

10.3 Remedies cumulative

The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.

10.4 Severance

If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use.  Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.

10.5 Governing law

The Website and these Terms of Use is governed by the laws of New Zealand. When you access the Website, you submit to the exclusive jurisdiction of the New Zealand courts.

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