Landcheck terms and conditions April 2022
- Introduction
Landcheck is a web-based application provided by Landcheck Limited (“we”/ “us”/ “our”) accessed through our website or any mobile application or other online medium.
Landcheck draws on regional information and data sourced from local councils, regional authorities and other third parties (“Source Data”) to produce a succinct report summarising the known natural hazards risks at the subject site (“Report”).
ABOUT YOUR REPORT:
- Each Report is prepared using the Source Data. We do not undertake any site-specific investigation nor use any site-specific information in preparing Reports.
- Depending on the extent of the Source Data and/or how long ago it was collected, the Report may not present an accurate picture of the current natural hazards risks at the site.
- Landcheck should therefore only be used as an initial site-screening tool. It is not intended to replace professional advice based on a site-specific investigation.
These terms and conditions (“Terms of Use”) apply to your use of Landcheck. By using Landcheck you (“you” / “your”) agree to these Terms of Use. Please read them carefully. If you do not accept the Terms of Use then you should immediately stop using Landcheck.
In these Terms of Use, “Landcheck” means the Landcheck application (including the Reports and other materials and information contained in or made available through it) as well as any modifications, operational changes, adaptations, and enhancements made by us.
- Changes
We may amend and update these Terms of Use from time to time without prior notice. We reserve the right, in our sole discretion and without any obligation, to make modifications, updates, new releases, improvements, alterations, or corrections to any error or omissions, in Landcheck. As such, the functionality, features, options, tools and other aspects of Landcheck may change over time.
- User registration
During the user registration process, you must enter an email address and password. You are responsible for ensuring the strength and maintaining the confidentiality of your account and for all actions taken under your email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. We will never under any circumstances email or contact you and request your email address or password. Any requests for this type of information should be treated as fraud and reported to us immediately.
You agree to ensure that all details you provide are true, accurate, correct, current and complete. If there are any changes to the details supplied by you, including that you are departing from the organization that your account is linked to, it is your responsibility to inform us as soon as possible.
- Ordering, Pricing & Payment
Once registered as a user you may order a Report through Landcheck by providing the site address and other details requested.
The prices payable are as displayed in Landcheck and, unless otherwise stated, all prices are expressed and payable in New Zealand dollars, and are inclusive of New Zealand Goods and Services Tax (GST).
- Privacy
We collect limited information from you in connection with your registration and use of Landcheck, such as your name, email address, the Internet Protocol address from which you accessed Landcheck, the date and time you visit, the pages you accessed, the terms you used to search for content on Landcheck and the type of browser and operating system you use. This information will only be used for the purposes of facilitating your use of Landcheck, website administration, analytics, for our internal reporting, to improve Landcheck, audit the use of Landcheck, to protect our rights and enforce these Terms of Use, and for any related purpose. We will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation who is not entitled to obtain this information. You acknowledge that we may use third party hosting and other providers in relation to Landcheck.
You have a right at any time to enquire about the personal information we hold about you and to have access to this. In addition, you can request correction of any of your personal information.
Please refer to the Privacy Statement on our website for a fuller explanation of the restrictions applying to the use and disclosure of your information, the measures we take to protect your information and your rights in connection with any personal information we may hold about you.
Consent to commercial electronic messages
You understand and agree that we may send you certain communications in connection with your use of Landcheck such as service announcements and administrative messages, and that you may not be able to opt out of receiving such communications.
- Copyright and other Intellectual Property
Unless otherwise indicated, we own all copyright and any other intellectual property or other proprietary rights in Landcheck. Subject to these Terms of Use and in consideration of your payment, we grant you irrevocable, royalty-free, non-exclusive, non-sublicensable licence to use the Report. Without limiting the provisions of the Copyright Act 1994 or other applicable law, you are not permitted to copy or republish Landcheck (or any substantial amount of it) without our prior written consent.
Copyright, intellectual property and other proprietary rights in the Source Data continues to be owned by the third party owners or licensors of it and is licensed under Creative Commons Attribution (CC-BY) Licence (https://creativecommons.org/licenses/by/4.0/legalcode).
- Availability
While we will use reasonable endeavours to make sure Landcheck is available, we cannot guarantee that your use of Landcheck will always be uninterrupted or that your access will be error free. Landcheck will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons. Landcheck may be shut down at any time at our sole discretion.
- Security
Given the nature of the Internet we do not warrant that access to Landcheck will always be immediate or uninterrupted, or that Landcheck will be free from infection, viruses or destructive code. As we take reasonable measures to prevent internet fraud and ensure any content is stored as safely and securely as possible, we shall not be liable to you for any damage or loss suffered by you as a result of Landcheck infecting or damaging your computer equipment, software and any other electronic device.
- Your general obligations
It is your responsibility to ensure the compatibility of your systems and equipment for use with Landcheck. You agree to take all care to not transmit any virus or other disabling feature that may damage the operation of Landcheck.
You agree not to use Landcheck in a manner that interferes with its use by others or infringes the rights of any other person, or to tamper with Landcheck or make any unauthorised modification to the website. You will only use Landcheck for lawful purposes and in compliance with all applicable laws.
Landcheck is provided for your own end use. In using Landcheck, you and, if applicable, your employees, clients and representatives will not (and will not allow or encourage any other person to):
- decompile, disassemble or otherwise reverse engineer all or any portion of Landcheck, including any source code, object code, algorithms, methods or techniques used or embodied in it;
- data mine, scrape, crawl, create links back to, harvest or use any process or processes that send automated queries to Landcheck;
- modify or create any derivative works based upon Landcheck or make copies of the Reports and other materials and information contained in or made available through it (except that you may copy a Report for the sole purpose of back-up or disaster recovery);
- remove or alter any copyright, trademark, logo or other proprietary notice or label appearing in the Reports and other materials and information contained in or made available through Landcheck; or
- incorporate any of the information obtained in Reports and other materials and information contained in or made available through Landcheck into any other materials, products or services.
- Warranties and liability
Except where you are acquiring Landcheck in “trade” (as defined in the Consumer Guarantees Act 1993 (“CGA”)), nothing in these Terms of Use is intended to have the effect of limiting or reducing your rights against us under the CGA. As a consumer, you are entitled to certain guarantees under the CGA. If we breach any of these guarantees, your rights of redress are as set out in the CGA.
Where you are acquiring the Services in “trade” (as defined in the CGA), you agree that:
- the provisions of the CGA will not apply to Landcheck or these Terms of Use;
- we do not provide any warranties or guarantees in respect of Landcheck;
- if Landcheck does not comply with the relevant requirements in these Terms of Use, we will (within a reasonable time period and at our option) either:
– re-supply the relevant Report(s) to you; or
– refund to you the price you paid us for the relevant Report(s),
which shall be your sole remedy in respect of the non-compliance. Without detracting from this, to the extent permitted by law and whether arising in contract, tort or otherwise:
– our maximum aggregate liability in connection with a Report is five times the price (exclusive of GST) payable to us for that Report;
– we shall not be liable for any indirect, special or consequential loss, or loss of profit, savings, use, production, or data;
– we shall not be considered liable for any loss, damage or claim arising from a Report unless a claim is formally made on us within 12 months from the provision of the Report;
– if we are found liable and you and/or any third party has contributed to the loss or damage, we shall only be liable to the proportional extent of our own contribution.
- Suspension or termination
Without limiting our other rights and remedies, we may at our sole discretion and without liability on our part immediately suspend your use of Landcheck or terminate our contract with you by notice to you if:
- you fail to make any payment to us when due;
- you breach any term of these Terms of Use which is not capable of remedy or, where the breach is capable of remedy, you fail to remedy that breach within 7 days of notice from us requiring you to do so;
- there is an adverse change to the availability or terms relating to the Source Data, or any other event or circumstance beyond our control occurs that adversely impacts our ability to provide Landcheck;
- we consider it necessary due to technical or security issues.
- Linked sites
To the extent Landcheck contains hyperlinks to websites operated by others, this is for your reference only and does not imply any approval or endorsement of such sites. We do not operate or control and are not responsible for any information on such sites and are not responsible for the continued functionality of the link.
- Cookies
Landcheck may rely on the use of cookies, which are small files stored on the hard drive of your computer. We recommend you enable cookies to make Landcheck easier to use but it is up to you whether you enable them or not. Some features of Landcheck may not be available if you do not enable cookies.
- Public statements
You agree not to release to the public any news release, advertising material, promotional material or any other form of publicity relating to us or Landcheck without our prior written approval.
- Notices
We may send notices and communications under these Terms of Use to the email address you have provided in connection with your use of Landcheck and any notice we send to that address will be deemed to have been received by you on the next business day after sending. A business day is any day that is not a Saturday, Sunday or a public holiday in Auckland.
- General provisions
Entire agreement: These Terms of Use constitute the entire agreement between us in relation to your use of Landcheck and supersede any and all preceding and contemporaneous agreements, except to the extent specifically agreed otherwise in writing by us.
Assignment: You must not assign, transfer or otherwise deal with any right under these Terms of Use without our prior written approval, which will not be unreasonably withheld. We may assign or novate our rights and obligations under these Terms of Use to any person without your agreement.
Waiver: If we waive, in whole or part, any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Severability: Each term of these Terms of Use is separately valid and binding. If any of these Terms of Use is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms of Use, in which case, the remainder of these Terms of Use continue in full force.
Governing law: These Terms of Use are governed by New Zealand law and any disputes in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Courts of New Zealand.