Terms and Conditions


1. General Provisions

1.1
Welcome to the NZ Address Register website ("the Site"). By using the Site you will be deemed to have accepted these terms and conditions, which apply to your use of the Site, so please read these terms and conditions carefully.

2. Governing Law

2.1
These terms and conditions are governed and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand courts.

3. Changes to our Terms and Conditions

3.1
You accept that we may change these terms and conditions at any time and that any revised terms and conditions displayed on the Site from time to time will apply to your use of the Site and its content. You acknowledge and agree it is your responsibility as a user of the Site to refer to these changes. They will come into effect immediately on being posted on the Site. Your continued use of the Site indicates your acceptance of the changes.

4. Website Commitment

4.1
The purpose of the Site and its content is to help us to have the most up to date and accurate addressing information in New Zealand. By validating your address, adding your address or any additional local information, you are helping us to provide the most up-to-date and accurate addressing information, which if adopted by Terralink, after validation, is then provided to Emergency Services and other entities as determined by Terralink at Terralink's sole discretion. However, even with you providing information about your address, we cannot guarantee Emergency Services will find you in the event of an emergency. You acknowledge however that by providing your address information there is no guarantee that if you need assistance from Emergency Services, that they will find you.

4.2
We will use our best endeavours to ensure the Site is available when you try to access it, however we make no representation or warranty (whether express or implied) that the Site will:
(a)
operate on a continuous or fault free basis; or
(b)
be free of infection, viruses, destructive codes or other harmful features.
4.3
We are not responsible for any use of the Site which is inconsistent with the directions or instructions for use or which is contrary to these terms and conditions.

5. Registration

5.1
Access to the Site does not require registration.

6. Your Responsibilities

6.1
By using the Site to verify your address or add any local content about your address, you must:
(a)
comply with these terms and conditions;
(b)
make sure all information which you supply is truthful, current and accurate;
(c)
only confirm, amend, update or add a new address, where it is your own address or that of a family member for which you are authorized by them to do so on their behalf;
(d)
comply with all applicable laws, regulations, standards and codes;
(e)
not damage or disrupt the Site or its content, or introduce scanning or spyware or similar software, or introduce any harmful or destructive items or anything which may interfere with our or anyone else's network or computer system;
(f)
not use the Site or its content or this service:
(i)
extract, harvest or scrape any content whatsoever from the Site;
(ii)
to create a false address, or information regarding an address, for the purpose of creating incorrect or misleading information.

7. User Submitted Content

7.1
You are solely responsible for any content and other material that you submit, publish, display or link to the Site. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information on the Site. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or breaches any applicable legislation. You will at all times adhere to these terms and conditions.
7.2
You agree that by posting content on the Site, you are granting Terralink International Limited ("Terralink") a worldwide, royalty-free, perpetual, irrevocable license to use, and adapt that content for providing the most accurate up to date addressing information to Emergency Services and for use in Terralink's ordinary day to day business.
7.3
You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence and permissions and unconditionally and irrevocably waive all moral rights (as defined by the Copyright Act 1993) you may have in respect of the content.
7.4
By adding any local address content you agree that Terralink is under no obligation to include the information you have provided and that Terralink may remove or alter any content at any time and for any reason, in our sole discretion.

8. Copyright

8.1
Unless otherwise stated, the material published within the Site is our copyright and protected by laws of New Zealand (and under international conventions or similar laws aboard) or material we have the right to use.
8.2
No part of such material may be reproduced, in whole or in part, without our prior specific written permission. In particular, you may not copy or display for redistribution or for commercial purposes any portion of the Site.

9. Intellectual Property

9.1
We either own or have the right to use the intellectual property rights with respect to the Site and its content and any personal identifiers (including addresses) which collectively, is our Intellectual Property. Without limitation, our Intellectual Property includes copyright, trademarks and design rights which we own or otherwise have the right to use.
9.2
You acknowledge that you have no claim or interest in our Intellectual Property, including any Intellectual Property of any third party other than in relation to those rights expressly provided to you in these terms and conditions or any other agreement which you may have with us.
9.3
You agree not to copy or reproduce (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever), commercialise, adapt or use any of our Intellectual Property including any Intellectual Property of third parties.

10. Disclaimer

10.1
Information within the Site may change from time to time. In particular, we reserve the right to not use the local address information you may add, change the contents of any address, local information or comment or any other content at any time without notice. While every effort will be made to ensure that the information contained within the Site is accurate and up to date, we make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained in the Site, nor do we assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained in the Site.
10.2
We have no obligation to monitor the Site for appropriate content or conduct, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user submitting any such content. However, we reserve the right, at any time we choose and in our sole discretion, to access, read, preserve and disclose any information as we consider necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms and conditions, including investigation of potential breaches of the same, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, (e) protect the rights, property or safety of us, our users and the public. We will not be responsible or liable for the exercising or non-exercising of our rights under these terms and conditions.
10.3
We do not represent or warrant that address information or other content provided by you will be stored indefinitely. We may store such address information or other content indefinitely or, in our sole discretion, for a reasonable period of time (which may vary based on the reason for that supply and storage of such address information or content) and may then delete such address information or content without notice to you and without your prior consent.
10.4
We will not be liable in relation to any corruption or loss of address information or other content, which you or anyone else may experience as a result of using the Site, its content or the service supplied by us, or any problems which you may encounter in viewing or navigating the Site.
10.5
We will not be liable in relation to the acts or omissions of any third parties (including any users of the Site or the author of any material or content posted on the Site) in relation to any default by them in relation to the provision of or access to the Site, its contents or any service supplied by us. We will not be liable for any act or omission taken by you as a result of, or in reliance on, any material or content on the Site.

11. Disclaimer of Other Sites

11.1
Links to websites outside of the Site are provided as a convenience to you. We do not necessarily endorse the content of such third party websites. We make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor do we assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links.

12. Liability

12.1
We (including our officers, employees and agents) will not be liable, [whether in contract, tort {including negligence}, equity or on any other basis] to you or any third party for any direct, indirect or consequential damage, loss, cost or expense (including, without limitation, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had, denial of service or access to our Site) arising from the use of the Site, its content or any service supplied by us.
12.2
Without limiting clause 12.1, we will not be liable [whether in contract, tort {including negligence}, equity or on any other basis] for any loss, damage, liability or expense whatsoever arising from any modification, amendment or deletion (whether pursuant to clause 10.1 of these Terms and Conditions or otherwise) made to the material on the Site and the Service or any compilation or derivative work created from or using the material on the Site and the Service in each case whether made by you, or by any other person.
12.3
You acknowledge and agree that the limitations and exclusions of liability contained in:
(a)
clauses 10.1, 10.4 and 10.5 (with all references to Terralink deemed to be replaced with references to LINZ's); and
(b)
clause 12.4, apply for the benefit of and maybe enforced by LINZ in relation to the data sourced by Terralink from LINZ for the purposes of the Contracts (Privity) Act 1982, For the avoidance of doubt, this clause shall not in any way limit Terralink's right to enforce any of the provisions of these terms and conditions in relation to the data sourced by Terralink from LINZ's.
12.4
If, notwithstanding the clause above, a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these terms and conditions whether that liability arised in tort [including negligence] contract, equity or on any other basis, the total aggregate liability will be limited to $1.00.
12.5
If you are using the Site, its content or the service supplied by us for purposes other than in relation to a business, we accept that you have rights under the Consumer Guarantees Act 1993. Nothing in these terms and conditions is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these terms and conditions.
12.6
You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using the Site or the service supplied by us. You are also liable for costs, losses, damages or expenses suffered or incurred by us or any other user arising out of or in connection with any act or omission of yours.

13. Privacy

13.1
Terralink is an Agency for the purposes of the Privacy Act 1993. All personal information you supply to Terralink will be dealt with by Terralink in accordance with that Act. When using the Site the only personal information Terralink will collect is your physical address and email address. Terralink may contact you using your email address for the purposes of confirming the information you may have added in respect of your address only. Terralink undertakes it will not use your email address for any other purpose whatsoever and will not send you information on any other products and/or services, nor will it on supply your email address to any third party so that they may contact you in order to promote their products and services. You are deemed to have given your permission to Terralink to convey all or part of your information to independent auditors for the sole purpose of verifying Site usage statistics. As part of the verification process, you may be contacted by these independent auditors and asked to confirm that you used the Site. Accordingly, you may not register any email address details other than your own.
13.2
You have the right to access your or their personal profile and if there are errors in the information, correct any of your or their personal information.