Terms and Conditions
1. By accessing and using this Website and/or registering as a Registered User you agree to be bound by these Terms and Conditions. This takes effect from the date on which you first access the Website.
2. These Terms and Conditions apply whether you are a visitor to the Website or a Registered User. If you do not accept these Terms and Conditions then you must not use the Website.
3. Sport NZ may change or update these Terms and Conditions from time to time. Sport NZ will post a notice alerting you to any changes or updates to these Terms and Conditions on the Website for a reasonable period. Continuing to use the Website after any such change or update constitutes acceptance by you of that change or update. If you do not accept any change to these Terms and Conditions then you must cease using the Website.
4. All capitalized terms used in these Terms and Conditions are defined at the end of these Terms and Conditions.
5. The Website provides a platform upon which Registered Users can access and use a multi module assessment platform to facilitate organisational assessment (Assessment Platform). To access and use the Assessment Platform you will need:
5.1 to be a Registered User;
5.2 an internet enabled device installed with a web-browser;
5.3 an adequate data plan and bandwidth with your Internet Service Provider (ISP) to ensure you have sufficient capacity to access the Website and Website Content therein.
6. The Website and all Website Content is owned and operated by Sport NZ and its Partner Organisations.
7. In order to become a Registered User of the Website, you must undertake the registration process on the Website. Registration is free.
8. To be eligible to register as a Registered User, you must be aged 16 or over, unless you have received the written consent of your parents or guardians to your registration (which consent must be provided to Sport NZ on request), a New Zealand resident.
9. As a Registered User, you undertake that:
9.1 all the information (including personal information) you provide to Sport NZ and/or any Partner Organisation (as part of the registration process or otherwise) shall be true and correct and up to date; and
9.2 you will act honestly, professionally and in good faith in respect of your interactions on the Website.
10. You acknowledge and agree that Sport NZ has no obligation to accept your registration application and that Sport NZ may, at any time, terminate your registration if Sport NZ considers (in its sole discretion) that you are not complying with these Terms and Conditions or are otherwise acting in an inappropriate manner in respect of your interactions via the Website or use of the Assessment Platform or Website Content.
11. Once you become a Registered User, you are solely responsible for ensuring the confidentiality and security of your log in details and account. You must not provide any other person with your log in details or access to your account and you must notify Sport NZ immediately if you become aware of any unauthorised access or use of your account.
12. You are responsible for all matters associated with your access to and use of the Website and Website Content and for all third party fees (if any) associated with your use of this Website (including, without limitation, applicable internet service provider charges).
13. We expect you to take responsibility in using the internet and to use this Website with courtesy and responsibility, and be familiar with, and practice good etiquette (as deemed by us).
Restrictions on use
14. You must not:
14.1 use unauthorised automated means to access and/or use the Website or any Website Content;
14.2 use any Website Content other than as part of your authorised use of the Assessment Platform;
14.3 use the Website or any Website Content for any commercial or illegal purpose;
14.4 make available any public viewing of any Website Content;
14.5 transfer or copy any Website Content, the Website, the Assessment Platform or any part thereof or in any other way breach the Intellectual Property Rights in the same; or
14.6 use any Website Content or the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
15. The Website Content is for your information only. You must make your own assessment of the suitability and appropriateness of the information contained in this Website, including all Website Content.
16. Although Sport NZ and its Partner Organisations have endeavoured to ensure that the Website Content is current, accurate and complete, to the extent permitted by law, it does not warrant or guarantee that such content will be current, accurate or complete when you access it.
17. User Content which is uploaded as part of your use of the Assessment Platform remains your property. You are solely responsible for ensuring that your User Content does not breach the rights (including any Intellectual Property Rights) of any person.
18. You acknowledge and agree that:
18.1 neither Sport NZ nor any Partner Organisation, in any way whatsoever, endorses the views of any Registered User contained in its User Content;
18.2 Sport NZ and its Partner Organisations may reproduce and use for any purpose your User Content without requiring your prior written consent and without payment to you, and you grant to Sport NZ a non-exclusive, royalty free, perpetual and irrevocable licence to use your User Content; and
18.3 Sport NZ and its Partner Organisations may remove any User Content from the Website that Sport NZ considers to be inappropriate.
19. The Website may contain links to other websites or resources over which Sport NZ does not have control (External Websites). Such links do not constitute an endorsement by Sport NZ or any Partner Organisations of those External Websites. You acknowledge that Sport NZ is providing these links to you as a convenience, and further agree that neither Sport NZ nor any Partner Organisation is responsible for the content of such External Websites. Your use of External Websites is subject to the terms and conditions of use and privacy policies located on the External Websites.
20. Sport NZ and its Partner Organisations collect personal information about users when they access and/or use the Website. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, and the content viewed. You agree to allow Sport NZ and its Partner Organisations the right to collect, store, process and use any of your personal information you provide to them. Sport NZ and its Partner Organisations may collect, store, process and use your personal information for the following purposes:
20.1 your registration on the Website;
20.2 your participation on the Assessment Platform, including allowing you to interact with other users on the Assessment Platform and post and share User Content on the Assessment Platform;
20.3 maintaining, developing and updating the Website and Website Content;
20.4 to provide better information and services to users
20.5 compiling statistics in order to improve the quality of the services provided via the Assessment Platform;
20.6 as permitted under the Privacy Act 1993; and
20.7 other purposes consented to by you.
21. Neither Sport NZ nor any Partner Organisation will sell or knowingly allow third parties to access your personal information without your consent. Despite this Sport NZ and its Partner Organisations reserve the right to release personal information where any one of them believes release is required to:
21.1 comply with the law (either at the direction of a court or by a person exercising some statutory authority);
21.2 enforce these Terms and Conditions;
21.3 protect any Intellectual Property Rights of Sport NZ (or any of its affiliates or Partner Organisations), other users or other third parties; or
21.4 meet requests by any domestic or international authority (whether or not exercising statutory authority) where in the opinion of Sport NZ or any Partner Organisation disclosure is desirable to maintain the integrity of Sport NZ, a the relevant Partner Organisation and/or the Website.
22. In the instance of release under this clause Sport NZ will advise you if your personal information has been released (but not necessarily the details of the information released) provided that such disclosure will not attract any liability to Sport NZ or any Partner Organisation.
23. You may access any of your personal information held by Sport NZ or any Partner Organisation at any time by viewing your user profile on the Assessment Platform.
24. You must not access or use any personal information of any other user of the Website, except to the extent that such personal information is included in User Content made available to you via the Assessment Platform.
25. You represent and warrant that:
25.1 any and all information that you provide to Sport NZ or any Partner Organisation on or through the Website is accurate, complete and up to date; and
25.2 if you are providing personal information to us relating to any person other than yourself, that you are authorised to provide that information to Sport NZ and its Partner Organisations.
Intellectual Property Rights
26. Sport NZ and its Partner Organisations (and any person who any of them licences from, as applicable) owns all Intellectual Property Rights in the Website and Website Content. You must not:
26.1 assert any ownership or rights in respect of any such Intellectual Property Rights;
26.2 must not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such Intellectual Property Rights or any of the underlying materials in any way whether directly or indirectly (by allow anyone else to do so).
26.3 exploit, sell or generate profit from any such Intellectual Property Rights.
27. Sport NZ will utilise its reasonable efforts to maintain an acceptable performance of the Website, however it does not guarantee continuous operation of the Website or integrity of the Website Content or other data stored or transmitted via the Website, internet or any services. The warranties in this clause replace all other representations or warranties (statutory, express or implied) and all such representations and warranties (save any which may not be lawfully excluded).
28. You acknowledge that your ability to access the Website and Website Content and the quality of the access is affected by many factors, including but not limited to the internet connection used to access the Website and Website Content, the specifications of your device, other functions being performed on your device at the time and the amount of other traffic on the Website, and that none of Sport NZ nor any Partner Organisation are responsible for poor quality access or any delay or inability to access the Website or any Website Content due to such factors.
Limitation of liability
29. Neither Sport NZ nor any Partner Organisation are liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the access or use of the Website whether foreseeable or not. Termination of your contractual relationship with Sport NZ shall be the sole and exclusive remedy for any and all damages or injuries suffered by you.
30. Despite any other provision in these Terms and Conditions, if either Sport NZ or any Partner Organisation is determined liable to you for losses, such liability is limited to a maximum amount equal to the fees (if any) paid by you to us or the relevant Partner Organisation under these Terms and Conditions for the one month preceding the event causing the loss.
31. You indemnify and hold Sport NZ and its Partner Organisations and their subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
31.1 your User Content;
31.2 your use or misuse of the Website;
31.3 any unauthorised use or access of your account;
31.4 any negligence or wilful default, by you (including in respect of any claim by any third party); or
31.5 the violation by you of any laws, rules, regulations or these Terms and Conditions.
32. Sport NZ reserves the right, at its own expense, to assume (or to allow a Partner Organisation to assume) the exclusive defence in control of any matter otherwise subject to the indemnity given by you in clause 27, in which event you agree to cooperate with Sport NZ or the relevant Partner Organisation, as applicable in asserting any available defences.
33. You agree that, in the event that you have any right, claim or action against any other user arising out of that user’s use of the Website, your User Content or any Website Content, then you will pursue such right, claim or action independently of and without recourse to us.
34. You may terminate your Registered User account at any time by providing written notice (including by email) of such termination to Sport NZ. In such event, you will cease to have access to the Assessment Platform.
35. Sport NZ may terminate your Registered User account at any time by providing notice of such termination to you:
35.1 without reason on 30 days’ notice to the email address registered to your account; or
35.2 immediately with notice to the email address registered to your account if:
35.2.1 you breach any of these Terms and Conditions; or
35.2.2 Sport NZ considers this to be necessary for security, copyright protection or to comply with any applicable law.
36. On termination of your Registered User account any provisions of these Terms and Conditions intended to survive termination shall survive termination.
37. You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms and Conditions or the services provided by Sport NZ or any Partner Organisation (Dispute) unless you have first complied with this section.
38. Where any Dispute arises, you (or your representative) and Sport NZ will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
39. Where the representatives of the parties do not resolve the Dispute within five working days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.
40. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
41. Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
42. Any problems that occur whilst accessing or using this Website should be notified in writing (including, by email) to email@example.com at Sport NZ at the earliest opportunity.
43. These Terms and Conditions are governed by the laws of New Zealand. The parties submit to the non exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with these Terms and Conditions or the Website.
44. These Terms and Conditions constitute the entire understanding and agreement between you, Sport NZ and its Partner Organisations and supersede any and all prior oral or written communication on the subject matter contained in them.
45. These Terms and Conditions are intended to confer benefits on each Partner Organisation for the purpose of the Contracts (Privity) Act 1982, and each Partner Organisation will be entitled to enforce those provisions of these Terms and Conditions that confer a benefit on it.
46. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
47. Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:
47.1 personally – when they are received;
47.2 by email – upon confirmation of receipt;
47.3 by overnight mail or conventional mail – two business days after sending; and
47.4 by facsimile – upon receipt of a successful transmission report.
In these Terms and Conditions, unless the context otherwise requires:
Intellectual Property Rights means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.
Partner Organisation means an organisation who provides Website Content through, the Assessment Platform.
Registered User means any user of the Website who has successful completed the registration process, has had its registration approved by Sport NZ and such registration has not been terminated by Sport NZ.
Sport NZ means Sport and Recreation New Zealand.
Terms and Conditions means these terms and conditions.
User Content means any digital content (including images, links, videos, text, comments) uploaded onto the Website by a Registered User.
Website means the website with the domain name sportcompass.nz and includes the Assessment Platform operated via the Website. For the avoidance of doubt, any reference in these Terms and Conditions to the “Website” also includes a reference to the Assessment Platform.
Website Content means any digital content (including images, logos, videos, links, text, learning content) made available via the Website from time to time.