Indoor Air Quality Research Centre of New Zealand
This Site is owned and operated by BRANZ Limited, the University of Canterbury, GNS Science International Limited, Massey University, the National Institute of Water and Atmospheric Research, the University of Otago, and the Victoria University of Wellington, together the “Indoor Air Quality Research Centre of New Zealand” (each party referred to as an IAQRC Member, and collectively referred to as IAQRC).
1. Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires or is specified otherwise:
Content means any articles, publications, software, tools, data, information, picture, graphics and other materials published or made available on the Site, including all third party content;
Intellectual Property Rights means any patents, registered designs, utility models, trade marks (including logos, trade names and business names (including rights in goodwill), domain names, copyright, circuit layouts, rights in computer software and databases, rights in inventions, ideas, know-how and trade secrets, moral rights, rights in a design, right in or to confidential information (including trade secrets), image and personality rights (including all things recorded in that intellectual property), and any other intellectual property rights, whether or not registered and any similar rights worldwide;
Site means the website accessible at iaq.org.nz, including the Content and User Generated Content.
User Generated Content means any information, materials or content posted on or via the Site that is generated by you or any other User;
User means any user of the Site, including any user representing an IAQRC Member;
Virus means any thing or device (including any software, code, file or program) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
we, us and our are a reference to IAQRC; and
you and your are a reference to the individual that accesses and / or uses the Site.
2. Your use of the Site and the operators of the Site
2.1 The Site is a place where Users can learn, and share their insights, about indoor air quality in New Zealand by coordinating research and sharing knowledge and resources.
2.2 The Site is jointly operated by the IAQRC Members forming IAQRC. From time to time, IAQRC Members forming IAQRC may join or leave IAQRC.
2.3 You acknowledge and agree that:
(a) the IAQRC Members are jointly liable for the obligations of IAQRC under these Terms; and
(b) any views of an IAQRC Member may not represent the views of IAQRC as whole.
3. Licence and Access
3.1 We grant you a non-exclusive, non-transferable, revocable right to access and use the Site solely for your own personal, non-commercial use, all on the terms and conditions set out in these Terms.
3.2 We will use reasonable endeavours to make the Site available to you on and subject to these Terms.
(a) will be solely responsible for:
(i) procuring and maintaining your network connections and telecommunications links from the device you use to access the Site; and
(ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;
(b) will only access those parts of the Site that you have been authorised to access. If you have access to parts of the Site that you do not think you should have access to please immediately contact us and do not continue to access those parts;
(c) will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Site and, in the event of any such unauthorised access or use, promptly notify us;
(d) will comply with all applicable laws with respect to your use of the Site; and
(e) indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to you or your use of the Site that you have authorised us to disclose or we are required to disclose.
3.4 You will not:
(a) except as may be permitted by any applicable law which is incapable of exclusion by agreement between you and us:
(i) and except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of the Site in any form or media or by any means; or
(ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site;
(b) access the Site in order to build a product or service which is the same as or similar to the Site or which otherwise competes with the Site;
(c) harvest or collect any Content either manually or via an automated software tool;
(d) commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
(e) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
(f) remove, disable, circumvent or attempt to undermine the integrity of any security or technical measures, including any digital rights management system or other content protection or features used by us, that control access to:
(i) the Site; or
(ii) our, or any third party’s, systems, networks or resources used in the provision of the Site; and
(g) manipulate, access, or otherwise interfere with, without authority any part of the Site, or post, store, distribute or transmit any Viruses through the Site, and we may, without liability to you, disable your access to the Site if you are in breach of this clause.
4. Changes to the Site
4.1 Although we use reasonable endeavours to ensure that any updates, upgrades, patches and other modifications to the Site (together Updates) do not cause any problems in your use of the Site, our liability to you to the extent that problems arise from such Updates is limited in accordance with these Terms.
4.2 We may at any time modify, discontinue or restrict access to the Site (or any part of it), temporarily or permanently with or without notice to you. To the extent permitted by law, you agree that we will not be liable to you or to any third party for any modification, discontinuance or restriction of the Site.
5. User Generated Content and Communications
5.1 As a User, you may have the ability to post or send your own information, content and communications to other Users or members of the Site (User Generated Content). It is important that all User Generated Content is posted with integrity and honesty.
5.2 You will not post on the Site, or transmit to other Users, any User Generated Content (including links to other content), or otherwise engage in any activity through the Site that:
(a) contains photographs or images of another person if you do not have that person’s consent;
(b) breaches the Intellectual Property Rights of any third party;
(c) uses another person’s personal information other than for the specific purposes for which that person’s personal information was provided to you;
(d) is intended to bully, harass, annoy, threaten or intimidate any other User;
(e) is objectionable (including being false, misleading, defamatory, inaccurate, abusive, sexually-related, racially or ethnically objectionable in nature, or otherwise objectionable); or
(f) contains any Viruses.
5.3 You acknowledge and agree that:
(a) we do not control, and therefore are not responsible for, any communication between you and any other User that may have been initiated as a result of use of the Site; and
(b) the views expressed in User Generated Content may not be our views. While we will endeavour to monitor User Generated Content and exercise editorial control where possible, you acknowledge that you use and rely on the User Generated Content obtained through the Site at your own risk.
5.4 We may at any time:
(a) refuse to post or transmit any User Generated Content; or
(b) edit or remove User Generated Content;
that we in our absolute discretion (acting reasonably) consider breaches these Terms or is otherwise inappropriate for the Site.
5.5 Where you publish or upload User Generated Content on the Site, you are deemed to have granted us a non-exclusive, perpetual and worldwide royalty free licence to use and republish such content in any format on the Site. You also warrant that any such User Generated Content does not infringe the Intellectual Property Rights of any person. You agree to indemnify us for all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of or in connection with a breach of the warranty given by you in this clause 5.5.
6. Intellectual Property Rights
6.1 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in and to the Site (including all modifications, developments and enhancements to the Site) but excluding any Content and User Generated Content that is provided by parties other than IAQRC. Except as expressly stated in these Terms, these Terms do not grant you any Intellectual Property Rights in or to, or any other rights or licences in respect of, the Site.
6.2 We acknowledge and agree that, except for the rights you grant us to use your User Generated Data under these Terms, you will own all rights, title and interest in and to all of your User Generated Data and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Generated Data.
7. Your Personal Information
8. Warranties and Liability
8.1 You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), the Site is provided on an “as is” basis and all representations, conditions or warranties in respect of the Site (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.
8.2 In particular and without limiting clause 8.1, we do not warrant:
(a) the accuracy, correctness, reliability and completeness of any information, provided through the use of the Site. To the maximum extent permitted by law, we will not be liable for any form of loss or damage, arising out of or in connection with your reliance on and use of the Site.
(b) that your use of, or access to, the Site will be uninterrupted or free from any errors, omissions or misstatements;
(c) that the Site will meet your requirements;
(d) that the Site will operate on all types of devices;
(e) that the Site will be secure or free from Viruses.
8.3 You agree that, to the maximum extent permitted by law, we will not be liable to you for any form of loss or damage (including direct, indirect, incidental, special or consequential loss or damage) or injury or death, regardless of cause or origin, on any basis whatsoever, (including, but not limited to, breach of contract, warranty, negligence, strict liability in tort or otherwise), arising out of or in connection with your use of the Site or these Terms.
8.4 You acknowledge that:
(a) the information made available on the Site is provided to you for information purposes only, may be general in nature, and in no way constitutes professional advice and you should not rely on it. The information may not cater for every situation and does not take into account your own personal, business or other circumstances. You should always seek proper professional advice as is appropriate for your own personal, business or other circumstances;
(b) without limiting clause 8.4(a), we have no control over the accuracy, reliability, or completeness of User Generated Content and Content and we make no representations or warranties as to such User Generated Content and Content;
(c) you assume all risk when using the Site, including (without limitation) all of the risks associated with any online or offline interaction with others;
(d) the Site may contain links to other Sites and resources provided by third parties (Linked Sites), such as to links to sites with relevant articles and information about events, and that these links are provided for your information only. We have no control over the content on those Linked Sites and accept no responsibility for any loss or damage that may arise from your use of them. If you access the Linked Sites, you do so at your own risk and to the maximum extent permitted by law we will not be:
(i) responsible for the availability, content, security, policies, or practices of any Linked Sites;
(ii) liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties; or
(iii) responsible or liable for any dealings that you have with third parties;
(e) any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites;
(f) we may rely on the provision of services by third parties (including user login authentication, data centre, telecommunications and outsourcing providers) in order to provide the Site (Third Party Providers) and that the Site may be subject to limitations, delays and other problems inherent in the use of such services provided by Third Party Providers; and
(g) we will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or in connection with any services provided by Third Party Providers, including any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
8.5 You will indemnify us against all costs, losses, expenses and damages incurred through any claims against us resulting from your use of the Site.
8.6 We will not be liable to you for failing to perform our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our employees or any other party), failure of a utility service or transport or telecommunications network or service of a Third Party Provider, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
8.7 The exclusions and limitations of our liability to you set out in this clause 8 are subject to any rights you have under applicable law that cannot be excluded by agreement between you and us.
9. Suspension and Termination
9.1 We may, at our discretion, suspend or cancel your access to the Site if you fail to comply with these Terms, or if we cease to make the Site available to the general public. If we cancel your access to the Site then these Terms will terminate.
9.2 On termination of these Terms:
(a) access to the Site and all other licences granted to you under these Terms will immediately terminate and you must cease using the Site; and
(b) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, will not be affected or prejudiced.
10.1 These Terms constitute the entire agreement between you and us in relation to the Site and supersedes any previous understanding or agreements on that subject matter.
10.2 If any part or a provision of these Terms is judged invalid or unenforceable in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms will continue to operate.
10.3 A provision or a right under these Terms may not be waived except in writing signed by the party granting the waiver.
10.4 A party to these Terms may exercise a right, power or remedy under these Terms at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party under these Terms does not prevent a further exercise of that or of any other right, power or remedy.
10.6 You will not assign, transfer or otherwise deal with these Terms or any of your rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
10.7 These Terms will be governed by and construed in accordance with the laws of New Zealand.
10.8 Should you wish to take any action against us in respect of the Site and / or these Terms, you agree that any such action will be commenced only in the New Zealand courts.
10.9 If you have any questions or concerns in relation to the Site or these Terms, please contact us at: