Terms and Conditions

1.0 INTRODUCTION

1.1 These Terms and Conditions govern the services provided by the New Zealand Dispute Resolution Centre (NZDRC) and set out the terms of our agreement with you (Agreement).

1.2 NZDRC provides independent, specialist, domestic dispute resolution services.

1.3 Before using NZDRC, it is important that you understand these Terms and Conditions.

2.0 TERMS AND CONDITIONS

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’s Services 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 or modified by NZDRC at any time in whole or in part. Any amendments or modifications will be effective immediately upon being published to the Website and it is your responsibility to ensure that you are familiar with the latest Terms and Conditions.

3.0 DEFINITIONS AND INTERPRETATION

3.1 Unless the context otherwise requires, in these Terms and Conditions:

APPLICATION means an Application, in the form from time to time published on the Website, for NZDRC to appoint a Dispute Resolution Professional and administer the dispute resolution process provided by that person under the relevant NZDRC Rules.

DISPUTE RESOLUTION SERVICE means any Dispute Resolution Service provided by NZDRC.

DISPUTE RESOLUTION PROFESSIONAL means any person who is appointed by NZDRC to provide Dispute Resolution Services under any agreements, rules, and/or protocols promulgated by NZDRC or any State or governmental body, or under any statute.

FORCE MAJEURE EVENT means any act or event beyond the reasonable control or foresight of NZDRC including without limitation any industrial disputes, strikes, 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.

NEW ZEALAND DISPUTE RESOLUTION CENTRE (NZDRC) means New Zealand Dispute Resolution Centre Limited, a company incorporated under the Companies Act 1993 (company number 2301888).

PANELS means the lists of Dispute Resolution Professionals published on the Website.

PARTIES means the parties to any Dispute Resolution Service, their agents and servants, executors, administrators, successors and any other permitted assigns.

RULES means the terms and conditions published on the Website (as may be amended by NZDRC and/or modified by the Parties in writing from time to time) that govern the delivery of Dispute Resolution Services by NZDRC.

SERVICE(S) means any one or more Services offered by NZDRC from time to time including but not limited to its nomination and appointment service, stakeholder service, Dispute Resolution Services, newsletters, journals, training opportunities, seminars, webinars, Website, and any other supply or service of whatsoever nature that NZDRC may offer from time to time.

USER means any person, company, entity or organisation, who accesses the Website, or arranges for someone to access the Website, whether or not they access, use, or otherwise refer to or rely on any of the Services provided.

WEBSITE means the Website for NZDRC which can be found at www.nzdrc.co.nz.

3.2 Unless the context otherwise requires, in these Terms and Conditions:

(a) words in the singular shall include the plural and vice versa;

(b) words importing a gender include every gender;

(c) references to persons include corporations, partnerships, government and local authorities and agencies, and any unincorporated associations or bodies of persons;

(d) references to “include” or “including” are to be construed without limitation;

(e) a reference to “we”, “our” or “us” means NZDRC;

(f) a reference to “he”, “she”, “it”, “you”, “your” or “yourself” means the User; and

(g) a reference to a Party includes its employees, agents, executors, administrators, successors and permitted assigns.

3.3 Insofar as these Terms and Conditions are inconsistent with any terms and conditions published on the Website, these Terms and Conditions will take precedence over and replace any such inconsistent terms and conditions.

4.0 GENERAL PROVISIONS

4.1 All Users accept and acknowledge that:

(a) you view, access, and use the Website and the Services provided by NZDRC in good faith, at your own risk, and solely in reliance on your own investigations, enquiries and judgement;

(b) we are not an agent, employee, servant or associated entity of any User, and we are not liable for any act or omission, misconduct, fraud, misrepresentation or any other thing done or omitted to be done by any other User of the Service; and

(c) the Services on the Website (and generally) are 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, of that the information will be complete, accurate and current.

4.2 When using NZDRC's Website and Services you must observe and comply with all relevant New Zealand and International laws, including all applicable statutes and regulations, and with the provisions of these Terms and Conditions.

5.0 USER OBLIGATIONS

5.1 As a User of the Website and Services provided by NZDRC, you:

(a) agree to use the 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 Dispute Resolution Professional or other person providing information or materials to be published on the Website. Accordingly, NZDRC does not warrant that the information provided by any Dispute Resolution Professional, or other person published on the Website is complete, accurate and current, personal and professional information;

(c) agree that NZDRC, its agents and servants cannot and do not provide legal advice in relation to any claim, dispute, question, concern, issue or any other matter raised by any User in any way and, if you use any information provided on the Website, or otherwise by NZDRC, its agents or servants, you do so entirely in reliance on your own judgement, having taken independent legal advice and having made your own enquiries and not in reliance on any statements or representations made by or on behalf of NZDRC, its agents or servants;

(d) agree that by accessing, using or relying on any information provided by NZDRC in any form or manner for any purpose whatsoever including in relation to or in connection with any Dispute Resolution Service, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgement and not in reliance on any understandings, statements, agreements, representations or warranties made by or on behalf of NZDRC, its agents or servants;

(e) acknowledge that NZDRC does not accept any responsibility or liability howsoever arising from, or relating to, any acts or omissions of any member of its Panels, whether in relation to the qualifications, the advice, the provision of any Service, fees charged, the outcome or result of any dispute, or any other matter without limitation;

(f) agree to receive emails from NZDRC relating to the Services or items of interest. You may unsubscribe from these emails at any time;

(g) 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

(h) acknowledge that NZDRC, its agents and servants expressly do not accept any responsibility for any User dissatisfaction with any Service provided, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of Services, fees charged, outcome or result, or otherwise.

6.0 OUR OBLIGATIONS

6.1 In providing the Services, NZDRC will:

(a) maintain and manage the Website;

(b) administer and manage the Services;

(c) ensure that the most up to date Terms and Conditions, Rules and Protocols are available on the 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 documents 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 or accuracy of any such information or documents.

6.3 NZDRC will make reasonable efforts to ensure that the material and information published on the Website is correct. However, NZDRC does not warrant or represent that the Website will be free from error or operate without delay from time to time or that the information published on the Website will not contain errors or misstatements.

7.0 USING THE SERVICES

7.1 In applying to use any of the Services provided by NZDRC, you understand and agree that:

(a) by applying to use any Service, you warrant that you are authorised to make an Application for, or on behalf of the claimant, and that all information provided in relation to that Application is to the best of your knowledge, correct, complete and accurate in all respects;

(b) when making an Application to NZDRC for any Dispute Resolution Service, you have provided all information required to enable NZDRC to make such nomination or appointment of a Dispute Resolution Professional as may be required in sole reliance on the information and documents provided by you in support of the Application; and

(c) NZDRC does not undertake any independent investigations, assessment or verifications of any such documents or information provided for the above purpose.

8.0 TERMINATION

8.1 At any time, we may without notice, remove, amend or vary any part of the Website or the Services, or cease to operate the Website or the Services in whole or in part.

8.2 We shall not be obliged or required to consult with any Users of the Website prior to making any such removal, amendment, variation or cessation referred to above.

9.0 PERSONAL INFORMATION AND PRIVACY

9.1 NZDRC collects personally identifiable information about customers and Users of the Services through our Website at www.nzdrc.co.nz and in off-line transactions such as over the telephone and through correspondence and discussions. We may use cookies or local shared objects on our website or emails. Personal information includes, but is not limited to, name, address and other contact details and usage patterns and preferences.

9.2 Subject to the terms of the Privacy Act 1993, you authorise us to:

(a) retain and record any personal information provided in connection with NZDRC;

(b) collect, store, use and disclose information about you for any purpose relating to the Services, including but not limited to:

(i) verification of your identity;

(ii) enforcement of these Terms and Conditions;

(iii) marketing;

(iv) presenting offers from us or third parties that might be of interest to you;

(v) research;

(vi) compliance with all applicable laws and regulations;

(vii) performing the Services provided by NZDRC generally; and

(viii) any other use that you authorise.

9.3 We may share your personal information with third party data processing organisations or government agencies for any of the purposes described here. 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.

9.4 Failure to provide personal information requested at the time of submitting an Application to use any Dispute Resolution Service may result in certain Services not being offered and/or provided to you.

9.5 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 3477 883) +64 9 486 7153, or registrar@nzdrc.co.nz.

9.6 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.

10.0 INTERNET AND ELECTRONIC INFORMATION SECURITY

10.1 We undertake to use security protocols to ensure that data provided to us electronically, for any purpose, is appropriately encrypted and is held in confidence.

10.2 You must not do anything to damage, interfere with or harm the Website or Services, or any network, or any system underlying or connected to them, or attempt to do so.

10.3 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose whatsoever.

11.0 COPYRIGHT

11.1 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 Website, together with all other matters related to the 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.

11.2 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.

11.3 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.

11.4 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 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 Website. All rights including translation reserved.

NZDRC 2018 ©

12.0 TRADEMARKS

12.1 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).

12.2 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 material contained herein (except as permitted herein) is expressly prohibited.

13.0 DISCLAIMERS, INDEMNITIES AND LIMITS OF LIABILITY

13.1 All Users 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 Dispute Resolution Professional;

(b) is not under any duty to investigate or validate the authenticity, completeness and/or accuracy of any such information, documents, and/or material; and

(c) may change, delete, add to or otherwise amend the information on the 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.

13.2 NZDRC expressly does not represent or warrant that:

(a) the Website will be free of error, or operate without delay or interruption from time to time; and/or

(b) information contained on the Website will not contain errors or misstatements.

13.3 NZDRC, its agents and servants expressly do not accept any responsibility for any User dissatisfaction with any Service or Dispute Resolution Professional, or generally, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of Services, fees charged, the outcome or result of any dispute, or otherwise without limitation.

13.4 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 or its Services generally, 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.

13.5 We give no undertakings, representations, or guarantees in relation to any information published on the Website including, but not limited to, the accuracy or truth of any information published.

13.6 Your use of the Website is at your sole risk. By accessing, using, or relying upon any information or material published on the Website for any purpose whatsoever, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgement and not in reliance on any understandings, statements, agreements, representations or warranties made by or on behalf of NZDRC, its agents, or servants.

13.7 All Users release and discharge NZDRC, its agents, and employees, 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 NZDRC's duties, or powers whether done or omitted to be done under the Services, in connection with the Website, or otherwise, unless the act or omission is fraudulent.

13.8 All Users release and discharge NZDRC, its agents, and employees, from all liability of any kind (whether involving negligence, misrepresentation, breach of contract, or breach of any equitable, fiduciary, statutory or other 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 NZDRC’s duties or powers, whether done or omitted to be done in relation to, or in connection with the Services, these Terms and Conditions, the Website, or otherwise, unless the act or omission is the fraudulent. NZDRC, or any agent or employee of NZDRC who has not acted fraudulently and is shown to be unaware of the fraud of any other person, will continue to be released and discharged from liability as provided herein.

13.9 No statements or comments, whether written or oral, made or used by the NZDRC, its agents or employees, in connection with, or resulting from, or in any way relating to the Services, these Terms and Conditions, the Website, or otherwise, may be relied upon to found or maintain any action for defamation, libel, slander, or any related complaint.

13.10 All Users indemnify and keep indemnified NZDRC, its agents, and employees, against all claims, costs, expenses, liabilities, awards, damages and proceedings of any kind (properly incurred or incurred by them directly, or indirectly made by a third party) in relation to, or in connection with the exercise of their functions, duties, or powers, whether done or omitted to be done in relation to, or in connection with Services, these Terms and Conditions, the Website, or otherwise, unless the act or omission is fraudulent. If NZDRC, or any agent or employee of NZDRC has not acted fraudulently and is shown to be unaware of the fraud of any other person, he or she will continue to be indemnified as provided herein.

13.11 The purpose of these disclaimers, statements of indemnity, and limits of liability is to provide NZDRC, its agents and employees, with the widest immunity from liability that the law will allow.

14.0 HYPERLINK DISCLAIMER

14.1 The Website may include hyperlinks to other websites maintained by us or affiliated companies, as well as hyperlinks to websites owned and operated by companies and/or other persons unrelated to NZDRC.

14.2 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.

14.3 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.

14.4 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 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.

15.0 DISPUTES

15.1 You agree not to involve, or attempt to involve, NZDRC, its agents, or employees in any dispute or in any process for the resolution of any dispute that may arise, between you and any other User or Dispute Resolution Professional, as a result of your use of the Website, any Service, or otherwise.

15.2 If you intend to initiate civil proceedings against any User or Dispute Resolution Professional, and you require any contact details for that User or Dispute Resolution Professional 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.

15.3 Any dispute or difference between NZDRC and any User arising out of or in connection with these Terms and Conditions shall be referred to mediation in accordance with the Mediation Rules of the New Zealand Dispute Resolution Centre.

16.0 MISCELLANEOUS

16.1 Service of Notices: You shall give (and hereby consent to be given) all notices, communications and documents required to be served under these Terms and Conditions or any Service, Act or Regulation by email.

16.2 Governing Law: These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand and each User agrees to submit to the non-exclusive jurisdiction of the New Zealand Courts.

16.3 Entire Agreement: These Terms and Conditions constitute the entire agreement between NZDRC and a User, and supersede any advice, communications, representations, agreements or understandings whether previously provided or published on the Website or not.

16.4 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.

16.5 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.

16.6 Force Majeure Event: NZDRC will not be liable for any loss or damage whatsoever incurred by any User as a result of a Force Majeure Event.

16.7 Updates: NZDRC reserves the right to change, update, amend or modify these Terms and Conditions at its sole discretion, from time to time without prior notice, but no such change, update, amendment or modification will have any affect on anything already in operation.

16.8 Assignment: You may not assign your rights under these Terms and Conditions without the prior written approval of NZDRC.

16.9 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.

 

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