1. This website is owned and administered by the Crown Ownership Monitoring Unit (COMU).
2. These terms and conditions ("Terms") govern the use and access by any user of the COMU Appointments Database website at boardappointments.co.nz ("Website"). If you access and use the Website you are deemed to have agreed to these Terms.
3. In these Terms, references to "we" "us" and "our" means COMU, and includes, as the context requires, its employees and agents.
4. Reference to "user" "you" "your" and "yours" shall mean any user who is accessing the site at any time.
5. The Website is also governed by COMU's Privacy Policy and this policy forms part of the Terms.
6. If you wish to apply to register as a user of the Website you will be required to logon via the igovt logon service.
Purpose
7. The purpose of the Website is to give users the opportunity to provide personal information about themselves to assist COMU to consider them for appointments to the boards of the entities monitored by COMU.
Information Provided by Users
8. The Website gives users the opportunity to provide personal information about themselves to assist COMU to consider them for appointments to the boards of the entities monitored by COMU. It is not COMU's responsibility to, check or validate any information provided by any user. Any user providing information on the Website agrees to ensure that all information:
- is genuine;
- is not misleading or deceptive;
- complies with all laws;
- does not infringe the intellectual property rights of any person;
- is not defamatory, obscene or otherwise inappropriate; and
- does not adversely affect the goodwill and reputation of COMU or any other member.
Personal information will be held in accordance with COMU's Privacy Policy.
Registered Users
9. You agree that all information provided to COMU by you in relation to your registration to the Website shall be current, complete and accurate. Use of the Website requires a igovt logon which is governed by igovt Terms and Conditions.
Password Security
10. We recommend that the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. Your obligations in relation to keeping your igovt logon safe are described in the igovt Terms and Conditions. COMU shall not have any liability for your failure to comply with these obligations.
Security
11. The services are provided through a secure website. You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others, even where a website is stated as being secure. COMU shall have no liability for the interception or “hacking” of data through the Website by unauthorised third parties.
Ownership of Intellectual Property and Restrictions on Use of Website Material
12. With the exception of any third party trademarks or logos provided to us for inclusion on the Website, we own all intellectual property rights in the text and graphics on the Website and its overall design. You must not use, copy, modify, transmit, store, download, publish or distribute the material on the Website or create any other material using material on the Website without obtaining the prior written consent of COMU. Trade marks (whether registered or unregistered) and logos displayed on the Website must not be used or modified in any way without obtaining the prior written consent of COMU.
13. The information contained on the Website may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe our intellectual property or other rights or those of any other person.
14. From time to time you may provide information or material to us for inclusion on the Website. In each case you are responsible for ensuring the accuracy of such material or information and you warrant that you have the necessary rights, consents and licences to use and publish such material or information.
Exclusions and Limitations of Liability
15. To the extent permitted by law, we are not liable to you or anyone else for any loss, damage or expense, however caused, which have been directly or indirectly suffered in connection with the use of the Website and we exclude liability (whether that liability arises in contract, tort (including negligence) or statute) for any direct, special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of or damage to data) suffered or incurred by you or any person in connection with your access to or use of the Website.
16. Without limiting the generality of the foregoing and to the extent permitted by law, we:
- (a) make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;
- (b) are not liable to you or to anyone else for any errors in the information on the Website including in any third party content provided to us for inclusion on the Website; and
- (c) are not liable for any failure or unavailability of the Website for any time period.
17. Without limiting paragraphs 15 and 16 above, and to the extent that our liability is not excluded under those paragraphs or any other paragraph in these Terms, the maximum amount for which we are liable to you under or in connection with these Terms (whether that liability arises in contract, tort (including negligence) or statute) is NZ$100.
Disclaimer Regarding Third Party Sites
18. To the extent permitted by law, we have no responsibility or liability for the content of any third party site linked to the Website and we are not liable to you for any loss incurred by any person accessing, using or relying on any third party website linked to the Website. If you follow a hypertext link to another third party website, you should refer to its terms of use.
Indemnity from Third Party Users
19. Third party users of the Website agree to indemnify COMU at all times against any loss, damage, costs or expense (including consequential loss and damages) suffered or incurred by COMU as a result of any use of the Website by the third party which is unlawful or in breach of these Terms, including CCMAU’s Privacy Policy.
Your Use of the Website
20. COMU makes this Website available for your personal and non-commercial use. You may not use the Website to harass, abuse or defame any person or for any unlawful purpose including unlawful spamming or to promote any political or religious belief. You may not attempt to gain unauthorised access to any portion or feature of the Website, or attempt to obtain any material, information or documents through any means not purposely made available by COMU, including without limitation, hacking, password mining or otherwise accessing data without authorisation. You may not test the vulnerability of the Website or any network connected to the Website or seek to trace any information on any other user of the Website.
21. We may, at any time and without prior notice or any liability to you, change, suspend, restrict or terminate your access to this Website or any part of it for any reason including for any breach of these terms.
Amendments
22. We may amend these Terms from time to time. We will notify changes by posting the amended Terms on the Website and the changes will be effective from the date and time they are posted. In addition, we may notify you of any material changes to our Privacy Policy. You are responsible for reviewing these Terms and the Privacy Policy and your continued use of this Website after any such amendment constitutes your agreement to the amended Terms and/or amended Privacy Policy.
Governing Law
23. This Website and these Terms are governed by the Laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Access from Outside New Zealand
24. We make no representation that this Website complies with laws (including intellectual property laws) of any country outside New Zealand. If you access this Website from outside New Zealand, you are responsible for ensuring compliance with all laws in the place where you are located.