Terms of use

Agreement to terms

Environment Southland (We, us or our) operates the following websites:

• www.es.govt.nz (Environment Southland Website); and
• envdata.es.govt.nz (Environment Southland Data Website)

(together, Websites)

These terms of use (Terms of Use) apply to the use of these Websites. By using the Websites, you confirm that you accept these Terms of Use, and agree to comply with them. If you do not accept these Terms of Use, you are not authorised to access or use the Websites, and you must immediately stop doing so.

Intellectual Property

Unless otherwise stated, Environment Southland owns (or licenses (as applicable)) all intellectual property rights in the Websites, and the content on the Websites (Content). Nothing in these Terms of Use transfers, assigns or grants you any ownership interest or other proprietary rights in or to the Websites or Content. You must not reproduce, copy, modify, adapt, distribute, publish, communicate to the public, exploit or otherwise use any Content, except as expressly permitted by these Terms of Use or with our prior written consent.

Use of Content

Use of Content by Non-Commercial Entities

Content on the Website may be reproduced by New Zealand Non-Commercial Entities (for purposes of these Terms of Use, a “Non-Commercial Entity” means an entity that is not operated primarily to make profit or general commercial income, including a charity, not-for-profit organisation, community groups, schools, universities and New Zealand Government and local government agencies), without requiring consent from us as an initial step, provided that:

• the Non-Commercial Entity complies with these Terms of Use;
• the Content is reproduced accurately and is not altered or used in a misleading, deceptive or inappropriate context;
• the recipients of the Content are put on notice of these Terms of Use, including the disclaimers;
• where the Content is published or made available electronically, a link to the Websites (as applicable) and the Terms of Use, are provided;
• the source of the Content is clearly acknowledged as being owned by Environment Southland;
• Environment Southland’s name is used solely, and as necessary, to accurately identify Environment Southland as the owner of the Content. For the avoidance of any doubt, except for this permitted use of Environment Southland’s name, no other intellectual property rights owned by or relating to Environment Southland, including any Environment Southland logo, trade mark, service mark, branding or other brand asset, can be used, reproduced or displayed, without first obtaining Environment Southland’s prior written consent; and
• any use of the Content must be accompanied by a clear statement that the use of the Content does not imply or constitute any endorsement, sponsorship, approval or other association by Environment Southland with that use of the Content, or with any products, services, activities and/or materials with which the Content is used.

Use of Content by Commercial Entities

Commercial Entities (for the purposes of these Terms of Use, a “Commercial Entity” means an entity that is operated primarily for the purpose of making a profit or generating commercial income, including a company, partnership, sole trader or other business or commercial organisation) are not allowed to reproduce, copy, adapt, distribute or otherwise use the Content, without first obtaining the written consent of Environment Southland.

We will consider requests from Commercial Entities on a case-by-case basis. We reserve the right, in our sole discretion, to approve or decline any requests, and may approve a request subject to any conditions or requirements we consider appropriate.

We will confirm in writing with the relevant Commercial Entity the relevant conditions and requirements. In addition to the above conditions and requirements set out in respect of Non-Commercial Entities (which may also apply to Commercial Entities), we may impose additional conditions at our sole discretion, including but not limited to charging a reasonable fee.

In some circumstances, we may consider it appropriate for us and a Commercial Entity to enter into a separate written agreement governing the reproduction or use of particular Content. Where we require that a separate agreement is to be entered into, the terms of that agreement will apply to the relevant use of the Content, and will prevail to the extent of any inconsistency between that agreement and these Terms of Use. Unless and until a separate written agreement is entered into, these Terms of Use will continue to apply to the relevant use of the Content.

Withdrawal of Consent

We reserve the right, at any time, to withdraw permission for Non-Commercial Entities and/or Commercial Entities to reproduce or use the Content, or to impose additional requirements or conditions on its use, if we becomes aware that any of the requirements and conditions imposed by Environment Southland are not being complied with, or considers that additional requirements or conditions are reasonably necessary to protect the Content, our rights or interests, or the integrity of the Content.

If we withdraw permission, for any reason, the relevant Non-Commercial Entity or Commercial Entity must, as soon as reasonably practicable (or within a timeframe specified by us), cease using and reproducing the relevant Content, and remove the Content from any website, publication, document or other material within its control. The relevant Non-Commercial Entity or Commercial Entity must also take all steps to ensure that any further distribution or use of the Content ceases.

To the maximum extent permitted by law, we will not be liable, and you agree to indemnify Environment Southland, for any loss, damage, liability, claims, costs suffered or incurred as a result of Environment Southland withdrawing or varying permission, imposing additional requirements or conditions, or requiring a Non-Commercial Entity or Commercial Entity to cease using or remove the Content. The relevant Non-Commercial Entity or Commercial Entity is responsible for managing the consequences of any withdrawal or variation of permission, including any costs associated with removing or replacing the Content.

Use of Third Party Content

The above uses of Content by Non-Commercial and Commercial Entities, apply to Content owned or controlled by Environment Southland only. Some of the content on the Website is owned by other parties (Third Party Content).

In relation to the Environment Southland Data Website, the data relating to the following five sites are owned by New Zealand Institute for Earth Science Limited:

• Mararoa at The Cliffs;
• Waiau River at Manapouri Structure Tailwater;
• Waiau River at Tuatapere;
• Wairaurahiri at Lake Hauroko;
• Upper Waiau River at Queens Reach; and
• Mavora at North Mavora Lake.

Third Party Content may be subject to additional terms or restrictions imposed by the relevant third-party holders. Nothing in these Terms of Use grants you any rights to use any Third Party Content.

You are responsible for obtaining all necessary consents, licences or permissions from the relevant third party holders before accessing, reproducing, copying, adapting, distributing, publishing or otherwise using any Third Party Content.

We do not provide any representation, guarantee or warranty that you have, or that you will be granted, any rights to use Third Party Content. To the maximum extent permitted by law, we will not be liable, and you agree to indemnify Environment Southland, for any loss, damage, liability, claims, costs suffered or incurred as a result of your failure to obtain any required consent, licence or permission, or your unauthorised or improper use of any Third-Party Content. You are solely responsible for obtaining consent from the relevant third party holders and ensuring that your use of Third-Party Content complies with all applicable terms and restrictions imposed by the relevant third-party holder, and does not infringe any third-party rights.

Disclaimers

We use reasonable endeavours to ensure that the Content it provides on the Websites is accurate, complete and up to date however, professional or specialist advice should be obtained before taking or refraining from taking any action on the basis of this Content. The Content is provided for general information purposes only.

We do not give any guarantee, undertaking or warranty concerning the accuracy, completeness, or up-to-date nature of the Content on the Websites, and to the maximum extent permitted by law, we will not be liable, and you agree to indemnify Environment Southland, for any loss, damage, liability, claims, costs suffered or incurred as a result of any reliance placed on the Content, either by you or another recipient of the Content.

We reserve the right to review and update the Content on the Websites at any time, and without notice to you. It is your responsibility to ensure that you review the Websites for any changes in the Content.

Links to Other Websites

The Websites may contain links to other websites. These links are provided for your Content only and we have no control over the content or privacy practices of those websites.

By using the Websites, you agree that, to the maximum extent permitted by law, we will not be liable, and you agree to indemnify Environment Southland, for any loss, liability, costs suffered or incurred as a result of your use of any third party website. It is your responsibility to ensure that you are aware of and comply with the terms and conditions of any third party website.

Unless otherwise indicated by Environment Southland, any links to other websites should not be construed as an endorsement, approval or recommendation of the businesses or organisations associated with those websites or anything referred to or contained on those websites.

Prohibited Uses

You must not use the Websites and/or Content:

• in any way that breaches these Terms of Use, or any relevant law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.

You also agree not to, unless otherwise permitted under these Terms of Use:

• use, reproduce, duplicate, copy, licence, or re-sell any part of the Websites and/or Content; or
• access (without authority), interfere with, damage, or disrupt:
  • any part of the Websites;
  • any equipment or network on which the Websites are stored;
  • any software used in the provision of the Websites; or
  • any equipment or network or software owned or used by any third party.

To the maximum extent permitted by law, we will not be liable, and you agree to indemnify Environment Southland, for any loss, damage, liability, claims, costs suffered or incurred as a result of your breach of these Terms of Use, and use of the Websites and/or Content, other than in accordance with these Terms of Use.

Online Payments

By using any online payments on the Environment Southland Website, you accept and agree to be bound by the Online Payments Terms and Conditions.

Breach

Your failure to comply with these Terms of Use may result in any of the following (at our sole discretion):

• our immediate, temporary or permanent withdrawal of your right to use the Website and/or Content;
• our issuing of a warning to you;
• legal proceedings or other legal action against you; and/or
• disclosure of information to the Police (or other applicable law enforcement authorities) as we reasonably consider to be necessary or as required by law.

General

We may revise these Terms of Use from time to time without notification, and it is your responsibility to ensure you are familiar with them.

If any provision of these Terms of Use is found by a court or other competent authority to be invalid, void or unenforceable, such provision will be deemed to be deleted from these Terms of Use, and the remaining provisions will continue in full force and effect.

A failure by us to exercise or a delay in use exercising any right under these Terms of Use will not operate as a waiver of that right.

The law of New Zealand applies to these Terms of Use. The New Zealand courts have jurisdiction in respect of these Terms of Use.