Website Terms of Use

This website is owned by Whakatāne Museum and Whakatāne District Council. Your use of this website is governed by these Website Terms of Use. By accessing and browsing this website, you agree to be bound by these Website Terms of Use.

1. Definitions

In these Website Terms of Use, unless the context otherwise requires:

"Charged Services" means services available online through this website for which a charge is payable to Whakatāne District Council.

"Fees" means the fees payable for the Charged Services as recorded in the schedule of fees for the relevant Charged Service on this website.

"Intellectual Property" includes the design of and all content appearing on this website, trademarks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered.

2. Confidentiality

Information available under the Charged Services may be subject to confidentiality obligations or requirements. Whakatāne District Council retains the right to make any information confidential. You acknowledge and agree:

Whakatāne District Council may elect not to supply you with any information that Whakatāne District Council believes is confidential
You will comply with any confidentiality obligations notified to you by Whakatāne District Council

Further details and requests regarding confidential information can be obtained or made by contacting Whakatāne District Council.

3. Intellectual Property

All Intellectual Property on this website is owned by Whakatāne Museum, Whakatāne District Council or Whakatāne District Council's content suppliers. No part of this website may be:

Distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form)
Resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print or download to your hard drive extracts from the website only for informational and non-commercial purposes use, without Whakatāne District Council's express prior written permission or, in the case of content owned by Whakatāne District Council's content suppliers, the relevant content supplier's express prior written consent

4. Right to use website and content

You may access, view, reproduce and print the content on this website, provided you use that content only for informational and non-commercial purposes. Any reproduction must include a prominent acknowledgement of Whakatāne District Council's rights in the relevant content.

5. Hyperlinking

If you wish to link to any part of this website, you must obtain Whakatāne District Council's prior written consent. Whakatāne District Council reserves the right to prohibit links to this website and you agree to remove or cease any link upon Whakatāne District Council's request. You may not frame any part of the material on this website by including advertising or other revenue generating material.

6. Disclaimer

The information provided on this website is for general guidance only. Users of the information contained on this website must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions.

7. All liability excluded

To the extent permitted by law:

All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit: suitability, fitness for purpose, accuracy or completeness of this website or the content on, or accessed through it
Whakatāne District Council will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website, or the content on, or accessed through it

If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

The exclusions and limits set out in these Website Terms of Use will also operate for the benefit of Whakatāne District Council's relevant suppliers, licensors and agents which Whakatāne District Council use to provide the website.

8. Errors

Although Whakatāne District Council has endeavoured to ensure the content on this website is current, accurate and complete, Whakatāne District Council does not guarantee that such content will be current, accurate or complete when you access it. Whakatāne District Council will take action, within a reasonable period of time, to correct any error or inaccuracy which is brought to Whakatāne District Council's attention.

9. Third party websites

This website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only and do not imply that Whakatāne District Council checks, endorses, approves or agrees with third party websites this website links to. To the extent permitted by law, Whakatāne District Council has no liability in respect of any third party websites this website links to.

10. Privacy Policy

The Privacy Policy governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these Website Terms of Use.

Where you provide personal information to register for a Charged Service using the Online Service Payment process, or to apply for any information or any service through this website, that personal information must be correct, complete and up-to-date when you provide it. You agree to advise Whakatāne District Council as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.

11. Compliance with law

You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through this website.

12. Termination

You may terminate your use of any of the Charged Services, or access to any part of this website for which registration is required (including the Online Service Payment process), at any time by requesting that Whakatāne District Council delete your username and password for the relevant service or part of this website.

Whakatāne District Council may terminate your right to use any of the Charged Services, or access to any part of this website for which registration is required (including the Online Service Payment process), by giving you one month's notice, or immediately without notice if you breach any of these Website Terms of Use, the terms and conditions for any charged service or any other service or the Online Service Payment Terms.

Any termination of your right to use any of the Charged Services, or access to any part of this website for which registration is required, will not affect any rights or obligations which have accrued by either you or Whakatāne District Council prior to termination.

13. Jurisdiction and governing law

This website and content has been prepared in accordance with the requirements of New Zealand law. These Website Terms of Use and any matters or disputes connected with this website will be governed by New Zealand laws and will be dealt with by New Zealand courts.

14. Amendments

We may amend these Website Terms of Use from time to time, so you should check and read these Website Terms of Use regularly. By continuing to use this website after any such amendment, you are deemed to have agreed to the amended Website Terms of Use.

15. Additional terms for particular services offered

You may be required to agree to additional terms and conditions for particular services which Whakatāne District Council may make available to you from time to time through this website prior to being able to use those particular services. Any such additional terms and conditions are to be read in conjunction with these Website Terms of Use.

To the extent of any inconsistency between these Website Terms of Use and any additional terms and conditions, the additional terms and conditions will prevail in relation to the particular services to which those additional terms and conditions apply.

16. Access to services

Certain services available through this website and certain parts of this website (including the Online Service Payment process) are available only to users who register for those services, or who register for access to those parts of this website, and obtain a username and password. If you register for such services or access, and are issued with a username, you will be responsible for all use of these services and this website through use of your username and password.

17. Payment

You will pay all Fees payable for a Charged Service at the time your request or application for a Charged Service is accepted by Whakatāne District Council. Whakatāne District Council reserves the right to amend any Fees from time to time and to adjust any Fees recorded on this website or the application for a Charged Service if the price recorded is incorrect.