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Terms of use - Spatial information and environmental data

These Terms of Use relate to the Waikato Regional Council (“the Council”) Spatial Information and Environmental Data Services which include but is not limited to Environmental Data (including that provided in response to data requests), Maps and Data Catalogue (“the Services”).

Access to and use of the Services is provided by the Council subject to these Terms of Use and the Council General Terms of Use set out on the Council website. By using the Services you will be deemed to have agreed to these Terms of Use and the Council General Terms of Use without qualification. If you do not agree to be bound by these Terms of Use and the Council General Terms of Use, please do not use the Services.


Reference to you includes all persons acting on your behalf or with your authority.

1   Use and Copyright

The use and copyright applicable to the Services is dependent on the Services being used, and is set out below:

Maps

Contrary to the Council General Terms of Use, the Services are intended for both your personal/non-commercial and business/commercial use, provided that where you intend on copying, altering, adapting, modifying or republishing information from this website, you must first obtain the prior written consent of the Council. 

Environmental Data

Contrary to the Council General Terms of Use, the Services are intended for both your personal/non-commercial and business/commercial use, provided that where you intend on copying, altering, adapting, modifying or republishing information from Environmental data (including that provided in response to data requests), you must first obtain the prior written consent of the Council.

Data Catalogue

Waikato Regional Council Copyright ©. All information made available through the Council Data Catalogue constitutes copyright administered by the Council.

Unless otherwise specified, information made available through the Data Catalogue is licensed under the Creative Commons Attribution 4.0 International Licence and further information is available under this licence.  Contrary to the Council General Terms of Use under this licence you are free to copy, distribute and adapt the information, but you must attribute the information back to the original creator (the Council) and abide by all other licence terms, which include having the licence associated with the information at all times and displayed on any maps, websites, applications or printed material using this content. 

Please note that no Waikato Regional Council emblem, logo, or coat of arms may be used in any way which infringes any provision of the Flags, Emblems, and Names Protection Act 1981  or which would infringe such provision if the relevant use occurred within New Zealand. Attribution to the Council should be in written form and not by reproduction of any such emblem, logo, or coat of arms.

2   Information and Use of Information

The information provided through the Services has been derived from a variety of sources. While the Council has exercised all reasonable skill and care in collating and updating the information, you acknowledge the information has a number of known inaccuracies and limitations and is to be used as a guide only and entirely at your own risk. The information is expected to be accurate at the time that it is accessed and it must be recognised that all information Council holds may be subject to change. The Council does not make any representation or give any warranty, and it expressly disclaims any such warranty that might be deemed to have been given, as to the accuracy, exhaustiveness, completeness, currency, suitability, fitness for any purpose or reliability of the information made available via the Services and upon which you intend to rely. The Council recommends you independently verify each of these matters before using the information and taking any action in reliance upon it. Any decision you make after using the Services must be based solely on your own evaluation.

The availability of information does not constitute a recommendation by the Council to enter into any transaction or follow any course of action. Any decision that you make after using the Services must be based solely on your own evaluation.

The Council reserves its right to make changes to the information at any time. The Council provides no support of any nature to its stakeholders who have downloaded or connected to the Services using their own third party applications. Information from the Services may not be used for the purposes of any legal disputes.

3   Intellectual property

Unless stated otherwise, all intellectual property rights in, to and in respect of the information, data and materials appearing on the site (including copyright, trademarks, trade names and logos) are and remain the property either of the Council or the third parties who have licensed their intellectual property to the Council.

4   No liability

You agree that you use the Services at your own risk and the Council is not responsible for, and excludes to the full extent permissible by the applicable law, any liability for any loss or damage (including any direct, indirect, incidental or consequential loss, loss of profits or other economic loss of any kind) which may be caused to you, your computer equipment or to any third party by using the Services (including downloading or printing and content or documents). The Council is not responsible for any loss or damage caused by any temporary interruption of the Council website due to faults or circumstances outside the Council’s control. You waive and release the Council from any claims arising from your use of this website or the information provided by it. You indemnify the Council against all claims, loss or damages arising in connection with your use of this website or the information provided by it.

5   Disclaimer

The Council provides information through the Services in good faith and has exercised all reasonable skill and care in controlling the content of this information, and accepts no liability in contract, tort or otherwise, for any loss, damage, injury or expense (whether direct, indirect or consequential) arising out of the provision of this information or its use by you.

6   Access

You understand that the Council may for security and technical reasons at any time in its sole discretion and without prior notice to you, prohibit or restrict your access to the Services.

7   Technical difficulties

You acknowledge that your use of the Services may be subject to interruption or delay. The Council does not make any warranty that the Services will be error free, without interruption or delay or free from defects in design or engineering.

8   Laws of New Zealand

The laws of New Zealand govern the use of this website and by using it you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand.