1. Applicability and agreement to terms
2. Who's who
"We", "us", and "our" are references to Waka Kotahi NZ Transport Agency and ACC;
"You" and "your" are references to you.
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 BikeReady@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 5.2, 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;
(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
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
(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;
5.7 General indemnity
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 information and functions on 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:
(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
If you wish to notify us of any dispute you have with us, you should contact BikeReady@nzta.govt.nz
10.1 No waiver
10.2 Entire agreement
10.3 Remedies cumulative
10.5 Governing law