These Terms apply to your use of the Website. By accessing and using the Website:
you agree to these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms were last updated on 3 December 2020.
In these Terms:
Community Contributions means any archives, stories, recollections, comments, files, data or other material posted on or uploaded to the Website by the public (including you);
including and similar words do not imply any limit;
Intellectual Property Rights means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and includes copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
New Zealand Copyright Law means the New Zealand Copyright Act 1994 (including any amendments to or Acts passed in substitution of it), any regulations passed under that Act, and New Zealand case law related to copyright.
personal information means information about an identifiable, living person;
Underlying System means any network, system, software, data or material that underlies or is connected to the Website;
User ID means a unique name and/or password allocated to you to allow you to access certain parts of, or certain content on, the Website and make Community Contributions;
We, us or our means Tauranga City Libraries (a division of Tauranga City Council);
Website means https://paekoroki.tauranga.govt.nz (our heritage website, Pae Korokī);
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
You must provide true, current and complete information in your dealings with us (including when setting up an account (registering) on our Website), and must promptly update that information as required so that the information remains true, current and complete.
You will be required to set up an account (register) on our Website and be given a User ID before you can access certain parts of, or certain content on, the Website and make Community Contributions.
If you are given a User ID, you must keep your User ID secure and:
not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
If you make a Community Contribution, you must comply with clause 5 (Community Contributions).
You must not use any of the content on our Website in a way that breaches clause 7 (Use of Website Content).
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
If you make a Community Contribution, you must comply with our Community Contributions Rules (which form part of these Terms). A failure to comply with our Community Contributions Rules will be treated as a breach of these Terms.
All Community Contributions are subject to moderation by us and we reserve the right (at our absolute discretion) to decline to post them or to remove them from our Website for any reason whatsoever.
All content on our Website, including Community Contributions, is subject to our Notice and Takedown Procedure.
You agree that clauses 6.2 and 6.3 (Intellectual Property) applies to any Community Contribution you make.
In making a Community Contribution, you warrant to us that:
you have the legal right and authority to transfer the Intellectual Property Rights or grant the licenses and permissions to us specified in clauses 6.2 and 6.3;
your contribution does not infringe any person’s Intellectual Property Rights or other legal rights;
your contribution does not breach any laws, statutes, regulations or legally binding codes; and
your contribution will not give rise to any cause of action against us or our licensors (including the providers of our Website platform and Underlying Systems).
We (and our licensors) own all proprietary and Intellectual Property Rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
If you make a Community Contribution via the “Suggest an Edit,” “Tags” or “Recollections” functions, you agree to assign (transfer) all Intellectual Property Rights in that contribution to us.
If you make a Community Contribution via the “Contribute” function, you agree to:
license the use, copying and publication of that contribution to us in perpetuity; and
give us permission to apply the creative commons licence to the contribution that you select on the online form at the time of making your contribution to enable its use by others.
You may only use content from our Website if that content:
specifies it is out of copyright (i.e. in the public domain); or
is subject to a creative commons license that permits your use; or
your use is permitted by an applicable exception or limitation under New Zealand Copyright Law.
If your use is permitted for one of the reasons listed in clause 7.1, you must:
comply with the terms and conditions of the specific creative commons licence assigned to the content (if applicable); and
acknowledge that you obtained the content from our Website.
You must obtain the permission to use the content from the copyright owner if:
it is still in copyright; and
no creative commons license has been assigned to it, or the creative commons that has been assigned does not permit your use; and
none of the exceptions or limitations under New Zealand Copyright Law apply to your use.
In using any content from this Website, you are solely responsible and liable for ensuring you comply with this clause 7 and New Zealand Copyright Law. A failure to comply with this clause 7 and/or New Zealand Copyright Law in relation to content on our Website will be treated as a breach of these Terms.
To the extent permitted by law, we and our licensors (including the providers of our Website platform and Underlying Systems) have no liability or responsibility to you or any other person for any Loss in connection with:
the Website being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your account/User ID and access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access or register for another account/User ID.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.7 (your indemnity to us), 6 (Intellectual Property), 8 (Disclaimers), 9 (Liability), and 12 (General), continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.