TERMS AND CONDITIONS - DIRECTORY OF EXPERTS AND SUPPORT SERVICES
NZDRC DIRECTORY OF EXPERTS AND SUPPORT SERVICES
1.1 These Terms and Conditions govern the Directory of Experts and Support Services Service (NZDRC Directory Service) provided by the New Zealand Dispute Resolution Centre (NZDRC).
2.1 By accessing the NZDRC Website you:
(a) are deemed to have read, understood and accepted these Terms and Conditions, and you agree to be bound by them;
(b) warrant that you are authorised to use NZDRC by any person, company, entity or organisation that you purport to represent, and that all information you have provided to NZDRC is and, save to the extent updated in writing by you, remains in every respect true, correct, and complete; and
(c) accept that these Terms and Conditions may be amended by NZDRC at any time in whole or in part. Any amendments will be effective immediately on being published to the NZDRC Website and it is your responsibility to ensure you are familiar with the latest Terms and Conditions at all times.
3.0 DEFINITIONS AND INTERPRETATION
3.1 Unless the context otherwise requires, the following words and expressions shall have the said meanings ascribed to them for the purpose of NZDRC:
BASIC MEMBER means an Expert or Support Service Provider who has registered with NZDRC, who pays a Membership Fee and who, whilst that membership remains valid, is permitted to advertise their services as a Basic Member.
EXPERT means any person, company, entity or organisation that provides or purports to provide expert services in relation to the dispute resolution profession and in accordance with these Terms and Conditions.
FORCE MAJEURE EVENT means any act or event beyond the reasonable control or foresight of NZDRC including without limitation any industrial disputes, strike, go-slow, failures of any utility service or provider, act of God, war, riot, civil commotion, compliance with law, change in law, breakdown of plant or machinery, fire, explosion, flood, storm, earthquake, default of any supplier or subcontractor acting independently of NZDRC, terrorism and any similar or analogous event or act.
LIABILITY means any cost, expense (on a full indemnity basis), claim, proceeding, loss, demand and/or other liability, whether arising out of negligence, breach of contract, breach of fiduciary duty, breach of statutory duty or otherwise.
LISTING means any advertisement or advertorial for, or in connection with, the general marketing, or provision, of any services by any person for publication on the NZDRC Website.
LISTING FEE(S) means any fee charged by NZDRC for publication on the NZDRC Website of any advertisement or advertorial for the provision of any services. The relevant fees will be as published on the NZDRC Website at the time of submitting the advertisement(s) or advertorial(s) for publication.
MEMBERSHIP FEE means the fee payable by an Expert or Support Service Provider to NZDRC to become a Basic, Premium or Platinum Member of NZDRC, which fees are published on the NZDRC Website.
NZDRC (the New Zealand Dispute Resolution Centre) means the New Zealand Dispute Resolution Centre Limited, a company incorporated under the Companies Act 1993 (company number 2301888).
PLATINUM MEMBER means an Expert or Support Service Provider who has paid the applicable Membership Fee to NZDRC in accordance with the fee structure published on the NZDRC Website and is, therefore, entitled to Platinum listing benefits as published on the NZDRC Website, and which may be amended from time to time.
PREMIUM MEMBER means an Expert or Support Service Provider who has paid the applicable Membership Fee to NZDRC in accordance with the fee structure published on the NZDRC Website and is, therefore, entitled to Premium listing benefits as published on the NZDRC Website, and which may be amended from time to time.
REGISTRATION FORM means the Registration Form which is set out on the NZDRC Website to register as a Member of NZDRC.
SERVICE(S) means any service provided by NZDRC from time to time and includes all administration and management services provided by NZDRC in accordance with these Terms and Conditions.
SUPPORT SERVICE PROVIDER means any person, company, entity or organisation that provides or purports to provide services related to the dispute resolution profession and in accordance with these Terms and Conditions.
TERMS AND CONDITIONS means the Terms and Conditions set out in this document as may be amended from time to time and published on the NZDRC Website.
USER means any person who views, logs on to, or arranges for someone to log onto, the NZDRC Website or any parts of it, whether registered as a Member or not.
WEBSITE (or NZDRC Website) means the Website which can be found at www.nzdrc.co.nz.
WORKING DAY means a day of the week (irrespective of whether or not work is actually carried out on that day) other than:
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and
(b) the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
(c) a day in the period commencing on 24 December in any year and ending with the close of 5 January in the following year.
3.2 Unless the context otherwise requires, in these Terms and Conditions:
(a) Words in the singular shall include the plural and vice versa; words importing a gender include every gender.
(b) References to persons include corporations, partnerships, government and local authorities and agencies, and any unincorporated associations or bodies of persons.
(c) References to “include” or “including” are to be construed without limitation.
(d) A reference to “we”, “our” or “us” means NZDRC.
(e) A reference to “he”, “she”, “it”, “you”, “your” or “yourself” means the relevant User of NZDRC.
(f) A reference to a Party includes its employees, agents, executors, administrators, successors and permitted assigns.
(g) All fees are payable in New Zealand Dollars only.
3.3 Insofar as these Terms and Conditions are inconsistent with any content, statements or any other thing on the NZDRC Website, these Terms and Conditions will take precedence over and replace any such inconsistent statements.
4.0 GENERAL PROVISIONS
4.1 All Members and Users accept and acknowledge that:
(a) you view, access and use the NZDRC Website and the services provided by NZDRC in good faith, at your own risk, and solely in reliance on your own discretion, investigations, enquiries and judgment;
(b) we are not an agent, employee, servant or associated entity of any User or Member (whether Expert or Support Service Provider), and we are not liable for any act or omission, misconduct, fraud, defective work, misrepresentation or any other thing done or omitted to be done by any User or Member (whether Expert of Support Service Provider) when using the Service; and
(c) the Service on the NZDRC Website (and generally) is provided on an “as is” and “as available” basis. We do not guarantee or warrant that access to the Website will be error-free or uninterrupted, or that the information will be complete, accurate and current.
4.2 When using NZDRC, you must observe and comply with all relevant New Zealand laws, including all applicable statutes and regulations, and with the provisions of these Terms and Conditions.
5.0 MEMBER OBLIGATIONS
5.1 As a User of the Website and Services provided by NZDRC, you:
(a) agree to use the NZDRC Website and the Services in a proper, appropriate, professional, and lawful manner at all times;
(b) acknowledge that NZDRC does not independently verify the information provided by any Member and does not warrant that the information provided by any Member is complete, accurate, or current;
(c) agree that by accessing, using or relying on the information published by NZDRC in any form or manner, for any purpose whatsoever, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgment, and not in reliance on any understandings, statements, agreements, representations, or warranties made by or on behalf of NZDRC, its agents, or servants;
(d) agree to receive emails from NZDRC relating to its Services. You may unsubscribe from these emails at any time;
(e) agree to indemnify NZDRC from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by NZDRC to any person arising out of or in connection with your failure to comply with these Terms and Conditions; and
(f) acknowledge that NZDRC, its agents, and servants, expressly do not accept any responsibility for any User dissatisfaction with any service provided.
5.2 Further to the general obligations above, when you register as a Member you:
(a) are responsible for keeping your login information safe and secure, and you remain liable for any unauthorised use of the NZDRC Website arising from any such failure;
(b) shall pay any Membership Fees on or before the due date for payment;
(c) consent to being given any notice, communication or document required to be served under these Terms and Conditions by email; and
(d) accept that NZDRC cannot guarantee the placement or accuracy of any classified listing or information in any search criteria, and that NZDRC may at any time limit, change, amend or modify the way in which any information is presented and accessed by Users and Members.
6.0 OUR OBLIGATIONS
6.1 In providing the Services, NZDRC will:
(a) maintain and manage the NZDRC Website;
(b) administer and manage the Services;
(c) ensure that the most up-to-date Terms and Conditions are available on the NZDRC Website for review at any time; and
(d) give and consent to being given any notice, communication or document required to be served under these Terms and Conditions by email.
6.2 In performing the Services, NZDRC will rely upon the information and materials provided, or purported to be provided, by or on behalf of any User, and shall be under no duty to investigate or validate the authenticity, completeness and/or accuracy of any such information or materials.
7.0 REGISTERING AS A MEMBER
7.1 To use any of the functions of NZDRC, other than viewing the Website generally, a User must register as a Member.
7.2 Only legal entities and natural persons aged 18 years or over with full legal capacity may register as a Member. Where you are registering a legal entity, you warrant that you are authorised to register that legal entity.
7.3 You warrant that all information provided by you including, but not limited to, membership details, information for publishing on the NZDRC website, and any other relevant material provided, is complete accurate, and current at the time provided and you undertake to keep any and all such information provided, complete, accurate and current at all times.
7.4 Membership is non-transferrable.
7.5 NZDRC reserves the right, at its sole discretion, to terminate any membership in the event of a Member either:
(a) breaching these Terms and Conditions; or
(b) engaging in any conduct which, in the view of NZDRC, brings the NZDRC Service into disrepute.
7.6 A decision to terminate any membership is of an administrative nature and shall be final and binding. NZDRC shall not be required to state reasons for its decision. Any Membership Fee paid will be non-refundable.
8.0 LISTING SERVICES
8.1 When you list services for publication on the NZDRC Website, you undertake to act in good faith, and only submit for publication information in relation to those services which is not misleading, inaccurate, untrue or false.
8.2 NZDRC does not undertake any independent investigations, assessments, or verifications of any information or materials provided for the purpose of Listings on the NZDRC Website.
8.3 If any information provided by you in relation to any services is misleading, inaccurate, untrue, or false, we may, at our sole discretion, delete the Listing in whole or in part; suspend your Membership; and/or limit or restrict your use of the NZDRC Website.
8.4 You acknowledge and accept that we have no responsibility for any Listing of services submitted for publication on the NZDRC Website. We do not verify, support or endorse any services advertised by any Member in relation to qualifications, price, references, quality, time for delivery or completion, or otherwise.
9.0 WITHDRAWING A LISTING
9.1 A Listing may be withdrawn at any time, without penalty, by requesting NZDRC in writing to remove the Listing from the NZDRC Website. NZDRC will endeavour to remove the Listing as soon as reasonably practicable following receipt of any such request.
9.2 For the avoidance of any doubt, if a Listing is withdrawn for whatsoever reason, any Fee paid in relation to that Listing will be non-refundable.
10.0 FEES AND PAYMENT
10.1 A Membership Fee is payable for Basic, Premium or Platinum Membership. The Membership Fees which will apply, are those published on the NZDRC Website at the date application for membership is made.
10.2 NZDRC may charge a Listing Fee for the publication of any advertisement or advertorial, or for the supply of any services. The relevant Fees will be as published on the NZDRC Website at the time of submission of the advertisement or advertorial for publication.
10.3 Once paid, all Fees are non-refundable.
10.4 Fees may be paid by direct credit or credit card.
10.5 All fees are payable in New Zealand Dollars only.
10.6 Any person making payment to NZDRC by credit card warrants that the credit card is issued in such User’s name, and that such User is responsible for all amounts charged to that credit card, whether solely or jointly and severally.
10.7 NZDRC reserves the right to take action against any User or Member (whether Expert or Support Service Provider) to recover any outstanding debt owed to NZDRC. You are liable for all costs and expenses on a full indemnity basis (including, but not limited to, all legal fees, debt collection fees, administration costs, and any ancillary fees and expenses) that we may incur in collecting that debt.
11.0 TERMINATION OF SERVICE
11.1 At any time, we may without notice, remove, amend, or vary any part of the NZDRC Website or the Services, or cease to operate the NZDRC Website or the Services in whole or in part.
11.2 We shall not be obliged or required to consult with any Users or Members prior to making any such removal, amendment, variation or cessation referred to above.
12.0 GENERAL CONDITIONS RELATING TO SERVICE
12.1 In order to provide a professional efficient service, we are entitled to change, alter, amend, suspend and terminate NZDRC’s Services at any time.
12.2 In performing the Services, we may rely upon the information, documents, and/or other materials provided, or purported to be provided, by or on behalf of any User or Member in relation to the Services and shall be under no duty to investigate or validate the authenticity, completeness and/or accuracy of any such information, documents, and/or other materials.
13.0 PERSONAL INFORMATION AND PRIVACY
13.2 Subject to the terms of the Privacy Act 1993, each Member authorises us to:
(a) retain and record any personal information provided in connection with NZDRC; and
(b) collect, store, use and disclose information about that Member for any purpose relating to the Services, including but not limited to:
(i) verification of your identity;
(ii) enforcement of these Terms and Conditions;
(iv) presenting offers from us or third parties that might be of interest to you;
(vi) compliance with all applicable laws and regulations;
(vii) performing the Services provided by NZDRC generally; and
(viii) any other use that you authorise.
13.3 We may share your personal information with third party data processing organisations or government agencies for any of the purposes described herein. Where possible we will require these third parties to strictly comply with our instructions and not use the information for any other purpose. We will not disclose your personal information to any other third party without your consent. You may contact NZDRC to enquire whether information has been provided to government agencies or third party data processing organisations.
13.4 Failure to provide personal information requested at the time of registration as a User of the NZDRC Website or when using our Services may result in certain Services not being offered and/or provided to you.
13.5 Under the Privacy Act 1993, you have the right to access your personal information recorded by us and have it updated or corrected. If you have any questions about the privacy and security of your personal information please contact us on 0508 DISPUTE (0508 347788), or + 64 9 486 7143, or firstname.lastname@example.org.
13.6 NZDRC undertakes to use security protocols to ensure data which Users of the Services provide is appropriately encrypted and held in confidence. However, no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the use of our Services and all such activities are conducted at your own risk.
14.0 INTERNET AND ELECTRONIC INFORMATION SECURITY
14.1 We undertake to use security protocols to ensure that electronic data which Users provide to NZDRC is appropriately encrypted and is held in confidence.
14.2 You must not do anything to damage, interfere with or harm the NZDRC Website or Services, or any network, or any system underlying or connected to them, or attempt to do so.
14.3 You may not use a robot, spider, scraper or other automated means to access the NZDRC Website or information featured on it for any purpose whatsoever.
15.1 Unless otherwise indicated, all proprietary and intellectual property rights in this Website, including, but not limited to, all material, content, logos, design, selection and arrangement of elements, organisation, compilation, graphics, text, invented words, audio recordings, video recordings, icons, images, and software underlying and forming part of the services offered by NZDRC and the NZDRC Website, together with all other matters related to the NZDRC Website, are the exclusive property of NZDRC, or the material is included with permission of the rights owner and all such property is protected by New Zealand and international copyright and trademark laws. All rights reserved.
15.2 The posting of any such elements on this Website does not constitute a waiver of any right in such element. You do not acquire ownership rights to any such elements viewed through this Website.
15.3 Except as otherwise provided herein, no property of NZDRC, its licensors or its suppliers may be used, copied, reproduced, adapted, distributed, republished, downloaded, modified, displayed, posted, stored in a retrieval system, printed or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or otherwise, on-sold, commercialised or used to create derivative works without NZDRC’s express and prior written permission.
15.4 Permission is hereby granted to the extent necessary, to lawfully access and use this Website and the information, materials, services and products available on it and to display, download, archive, copy and print portions of this Website for personal use only, provided you do not modify the materials. This permission terminates automatically if you breach any of the Terms and Conditions of use of the Website or NZDRC’s Services. In the event such permission is terminated, you must immediately destroy any and all downloaded, printed, archived or otherwise maintained and/or stored materials obtained from your use of the NZDRC Website. All rights including translation reserved.
© NZDRC 2010
16.1 Unless otherwise indicated, the NZDRC logo and all service names, page headers, custom graphics, button icons, trademarks, service marks, and logos appearing on this Website are service marks, trademarks, and/or trade dress of NZDRC (the Marks).
16.2 All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on this Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of those owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress, or any other materials contained herein (except as permitted herein) is expressly prohibited.
17.0 DISCLAIMERS, INDEMNITIES AND LIMITS OF LIABILITY
17.1 All Users and Members (whether Experts of Support Service Providers) acknowledge and agree that, for the purpose of delivering the Services, NZDRC:
(a) relies entirely on the information, documents, and/or other material provided, or purported to have been provided, by or on behalf of any User or Member;
(b) is not under any duty to investigate or validate the authenticity, completeness and/or accuracy of any such information, documents, and/or other material; and
(c) may change, delete, add to or otherwise amend the information on the NZDRC Website without notice and it is the responsibility of the parties using the information to ensure that they have the most recent and up-to-date information available.
17.2 NZDRC expressly does not represent or warrant that:
(a) The NZDRC Website will be free of error, or operate without delay or interruption from time to time; and/or,
(b) information published on the NZDRC Website will not contain errors or misstatements.
17.3 NZDRC, its agents and servants expressly do not accept any responsibility for any dissatisfaction with any User or Member, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of services or obligations, quality or timeliness of work performed, contract price or payment, or otherwise.
17.4 NZDRC, its agents and servants do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error, omission, or misstatement made in, or in connection with the Website and to the full extent permitted by the law. NZDRC expressly disclaims any and all such liability whether involving tort, breach of contract, breach of fiduciary duty, breach of statutory duty, or otherwise, and all such liability is expressly disclaimed.
17.5 We give no undertakings, representations, warranties, or guarantees in relation to any information or Listing published on the NZDRC Website including, but not limited to, the accuracy or truth of the information or Listings published.
17.6 We are not a broker, intermediary, agent, contracting party, or representative of any User or Member, and we are not involved in any way whatsoever with or in the listing of any services advertised on the NZDRC Website, either expressly or by implication.
17.7 Responsibility for the accuracy of content of any information or materials published on the NZDRC Website, will rest solely with the Member providing the information and materials so published.
17.8 Your use of the NZDRC Website is at your sole risk. By accessing, using, or relying upon any information or material published on the NZDRC Website for any purpose whatsoever, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgment and not in reliance on any understandings, statements, agreements, representations or warranties made by or on behalf of NZDRC, its agents, or servants.
17.9 All Users and Members release and discharge NZDRC, its agents, and servants, from all liability of any kind (whether involving negligence, breach of contract, breach of fiduciary duty, breach of statutory duty, or otherwise), which may be alleged to arise in connection with, or to result from, or to in any way relate to the Services or the exercise of their functions, duties or powers, whether done or omitted to be done under the Services, the NZDRC Website or otherwise unless the act or omission is fraudulent.
17.10 All Users and Members indemnify NZDRC, its agents, and servants, against all claims, costs, expenses, liabilities, awards, damages and proceedings of any kind (properly incurred, sustained or incurred by them directly, or indirectly made by any third party) in relation to or in connection with the exercise of their functions, duties, or powers whether in relation to the provision of any Services, these Terms and Conditions, or otherwise, unless the act or omission is fraudulent.
18.0 HYPERLINK DISCLAIMER
18.1 The NZDRC Website may contain hyperlinks to other websites maintained by us or affiliated companies, as well as hyperlinks to websites owned and operated by companies and/or individuals unrelated to NZDRC.
18.2 Any hyperlink to an unrelated website does not in any way mean that NZDRC approves of, endorses, supports, or accepts any responsibility for that website, its content and/or systems, or the goods and/or services provided or advertised through that website.
18.3 NZDRC, its agents and servants do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error, omission, or misstatement made in, or in connection with, the information and materials published on any unrelated websites, and to the full extent permitted by the law, expressly disclaim any and all such liability whether involving tort, breach of contract, breach of fiduciary duty, or breach of statutory duty or otherwise, and all such liability is expressly disclaimed.
18.4 Any unrelated websites are not monitored or checked by NZDRC to determine their accuracy, legitimacy, or conformance with any applicable laws, standards and regulations. Accordingly, the use of any hyperlinks published, and any consequential use of any unrelated websites linked in this manner to the NZDRC Website, is entirely at your sole risk. All rules, policies and operating procedures of any unrelated websites will apply to you while you are using those websites.
19.1 You agree not to involve, or attempt to involve, NZDRC, its agents, or servants in any dispute or in any process for the resolution of any dispute that may arise, between you and any other User or Member, as a result of your use of the Website, any NZDRC Service, or otherwise.
19.2 If you intend to initiate civil proceedings against any Member, and you require any contact details for that Member for the purpose of such proceedings, NZDRC will provide those details to you only upon receipt of a properly sworn or affirmed Statutory Declaration stating that you require that information for that specific and sole purpose.
20.1 Service of Notices: You shall give (and hereby consent to being given) all notices, communications and documents required to be served under these Terms and Conditions or any Act or Regulation by email.
20.2 Governing Law: These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the New Zealand Courts.
20.3 Entire Agreement: These Terms and Conditions constitute the entire agreement between NZDRC and a User or Member and supersede any advice, communications, representations, or agreements whether previously provided or published on the NZDRC Website.
20.4 Waiver: Any failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless specifically agreed in writing by us.
20.5 Severance: If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the existence, validity or enforceability of the remaining Terms and Conditions which shall not be affected, prejudiced or impaired but shall remain in full force and effect.
20.6 Force Majeure Event: NZDRC will not be liable for any loss or damage whatsoever incurred by a User or Member, as a result of any Force Majeure Event.
20.7 Updates: NZDRC reserves the right to update, amend or modify these Terms and Conditions in its sole discretion, from time to time without prior notice, but no such update, amendment or modification will have any affect on anything already in operation.
20.8 Assignment: You may not assign your rights under these Terms and Conditions without the prior written approval of NZDRC.
20.9 Subcontracting: NZDRC may subcontract, at its sole discretion, the whole or any part of the NZDRC Directory Service.
20.10 Consumer Guarantees Act 1993: Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 where applicable.