Terms and Conditions

​Unless otherwise indicated, Western Bay of Plenty District Council (WBOPDC) holds and retains all copyright and other intellectual property rights in the data published or presented on this website and in any information supplied by WBOPDC to any party (the Data).

By entering this website and/or reading or viewing the Data and/or supplying the Data to any third party, you (the Recipient) acknowledge and accept these Terms of Use.

The Data may not be distributed or copied for any commercial purpose. The Recipient may not sell the Data to any third party.

WBOPDC is the owner and source of the Data and must be acknowledged as such should the Data be used in any report, publication, statement or document.

Subject to the restrictions specified in paragraph 3 above, where the Data is passed on to any third party, the Recipient warrants that the Data is passed on in accordance with and subject to these Terms of Use. Any part of the Data passed on to third parties must be accompanied by a copy of these Terms of Use. The Recipient agrees to indemnify WBOPDC for any liabilities, expenses, losses, damages and costs (including legal costs on a full indemnity basis) incurred as a result of any claim made against WBOPDC by any third party connected in any way to the supply of the Data to a third party by the Recipient.

WBOPDC has prepared the Data by gathering and compiling information from a variety of sources. The information gathering process involves a series of data processing steps and includes data that is likely to be altered or revised from time to time as data is collected and processed. WBOPDC does not warrant the accuracy, adequacy or completeness of the Data or warrant that use of the Data is appropriate or suitable for the Recipient’s intended use. The Data may be amended, altered or removed at any time, without notice.

Whilst all care has been taken in collecting, producing and providing the Data, WBOPDC (to the fullest extent possible by law) excludes all liability in relation to use of the Data including all express and implied warranties and representations.

The Recipient acknowledges and agrees that the Data is not intended for consumers, as defined in the Consumer Guarantees Act 1993 (CGA), or for personal, domestic, or household use or consumption. The Recipient acknowledges that where it acquires the Data for the purposes of a business or in trade, then, to the maximum extent permitted by law, the provisions of the CGA have no application to the supply of the Data by WBOPDC.

WBOPDC is not liable to the Recipient or any third party for any losses, damages, liabilities, claims or expenses (whether direct, indirect or consequential) whatsoever related to use of the Data whether arising out of contract, tort (including negligence), statute or otherwise. Any person or organisation using the Data does so at their own risk.

WBOPDC does not promise that its website or any content, service or feature of its website will be error-free or uninterrupted or that any defects will be corrected. All information provided on the website is subject to change without notice. WBOPDC cannot ensure that any files or other data downloaded from the website will be free of viruses or contamination or destructive features. To the extent permitted by law, WBOPDC disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

The Recipient will take all necessary action to defend and indemnify WBOPDC and its officers and employees against all costs, liabilities, expenses, damages and costs (including legal costs on a full indemnity basis) incurred in connection with any claim bought by a third party from a breach by the Recipient of any of these Terms of Use.

If at any time WBOPDC does not enforce any of these Terms of Use, WBOPDC will not be construed as having waived any term or condition or any right to later enforce that or any other term or condition.

These Terms of Use are governed by and will be construed in accordance with the laws of New Zealand.

Page reviewed: 17 Dec 2014 9:43am