1.1. Site: This website www.branz.co.nz (the Website) is operated by [Building Research Association of New Zealand Incorporated/BRANZ Limited (Website Owner).
2. Defined Words
“Content” means any software, data, information, picture, graphics and other materials published or made available on the Website, including all third party content.
“Intellectual Property Rights” means any patent, trade mark, service mark, logo, trade name and business name (including rights in goodwill), copyright, moral right, right in a design, drawings, graphics, documents, data, ideas, procedures, calculations, right in or to internet domain names, know-how, right in or to confidential information (including trade secrets) and any other intellectual property rights, whether or not registered and any similar rights worldwide.
"MyBRANZ User" means a user that has completed our MyBRANZ User registration process and created a MyBRANZ account to use the services offered on this Website.
“Products” means goods and services relating to building and construction being offered through this Website, electronic and/or hardcopy information resources ranging from books, research reports, technical papers, bulletins, webinars and other information.
“Terms of Sale” means the terms of sale available here, which apply to the purchase of any Products by you.
“Unacceptable” means anything that is defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being unacceptable.
"User" means any user of the Website who is not a MyBRANZ User.
“We", "us" and "our" are a reference to the Website Owner.
“Website” has the meaning given to that term in clause 1.1.
“You" and "your" are a reference to you, a User or MyBRANZ User.
3. Conduct of Users
3.1. In accessing and using the Website whether as a User or a MyBRANZ User, you acknowledge and agree that you will not do any of the following:
(a) access or use any of the Website or its Content for the purposes of competing with us;
(b) access or print material from the Website for any commercial purpose, unless we expressly authorise you to do so;
(c) on-sell any information or Content obtained from the Website without our prior permission;
(d) provide us with information that is inaccurate, misleading or false;
(e) post or transmit any Content that is or is reasonably likely to be Unacceptable;
(f) abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
(g) post or transmit Content that infringes the Intellectual Property Rights of any person;
(h) access an account, without authority, that is not your own or impersonate any other User or MyBRANZ User;
(i) manipulate, access or otherwise interfere with, without authority, any part of the Website, or post or transmit any Content that contains any virus, malware, spyware or other destructive component;
(j) harvest or collect any Content either manually or via an automated software tool;
(k) commit or encourage a criminal offence, or post or transmit any Content that is prohibited by or violates any applicable law or regulation;
(l) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
4. MyBRANZ Usership specific terms
4.1. MyBRANZ Users: Clauses 4 applies to your use of the Website as a MyBRANZ User. If you are not a MyBRANZ User, then the terms in clauses 4 do not apply to you.
4.3. Details: You confirm that any information you provide to us relating to you through the MyBRANZ User registration process, or subsequent to registration, is current, complete and accurate at the time you provide it, is not misleading or deceptive, or likely to mislead or deceive. If your details change whilst you are a MyBRANZ User, you agree to update such information in a timely manner (which can be done by logging onto the Website).
4.4. User ID and password: You must ensure that your user ID and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user ID and password. You must notify us immediately of any unauthorised use of your user ID and password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your being a MyBRANZ User.
4.5. Communications: Where, on registering as a MyBRANZ User or subsequently, you indicate that you wish to receive email communication from us, we may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about our Products and your purchase of the same, features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website. You may opt-out of receiving email communication at any time by using the unsubscribe link in any email.
5.1. BRANZ Shop and Website: The Website provides impartial evidence-based advice on critical issues in building and construction in New Zealand, and Products for sale.
5.2. Transactions: Where a User or MyBRANZ User purchases a Product, a contract will be formed between that User or MyBRANZ User and us, and our Terms of Sale will apply.
5.3. At your own risk: All information and Products provided on or through the Website are intended to be general in nature, and is provided to you on an “as is” basis. We do not:
(a) give any assurances that any information contained on the Website or in any Products will be suitable for your purposes; or
(b) warrant the accuracy, correctness, reliability and completeness of any information provided in, or obtained through the use of the Website or the Products.
5.4. Obligations as a MyBRANZ User or User: If you purchase Products via the Website (whether as a MyBRANZ User or User) you must complete the transaction in the manner specified including by making full and prompt payment.
6. Prices and payment
6.1. MyBRANZ Users and Users: There is no fee for registering as a MyBRANZ User or being a User of the Website.
7. Disclaimer, limitation of liability, indemnity and warranties
7.1. Updates: We reserve the right to update and amend any information on the Website at any time. We do not warrant that you will have continued access to the Website.
7.2. Exclusion of liability: To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any form of loss or damage, including:
(a) in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(b) in connection with any errors, omissions or misstatements in any information or material made available on or through the Website;
(c) in relation to any Products that MyBRANZ Users or Users have purchased from or through the Website; or
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage). If despite the foregoing, we are liable to you for any form of loss or damage, our maximum aggregate liability to you will not exceed $.
7.4. Warranties: Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993 (CGA), which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under the CGA, except where you use the Website for business purposes, in which case we, expressly contract out of all provisions of the CGA.
8. Linked sites
8.1. Third parties: The Website may contain links to other third party websites (Linked Sites). Linked Sites are not operated, controlled, or maintained by us and are provided for your convenience only to help you find sites containing information, products or services that may be of interest to you. The inclusion of any link does not imply our endorsement of the Linked Sites or any association by us with their business or owners.
8.2. Liability: You access Linked Sites at your own risk and to the maximum extent permitted by law we will not be:
(a) responsible for the availability, content, security, policies, or practices of any Linked Sites; or
(b) liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties; or
(c) responsible or liable for any dealings that you have with the third party.
8.3. No approval: Any link to a Linked Site does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such Linked Sites.
9.1. Intellectual Property Rights: We or our licensors own:
(a) all the Intellectual Property Rights in the Website and Content (excluding any third party Content), including in any modifications or enhancements to the Website and Content. Unless expressly prohibited, you may access and/or print material from the Website, provided it is used for your own personal use. Any authorised reproduction of materials or information published on or provided through the Website must be accompanied by an acknowledgment and assertion of copyright, and other Intellectual Property Rights, in those materials and/or information.
(b) the various trade marks that appear on the Website. You must not use any of our trade marks without our express written consent.
If you wish to provide a hypertext or other link to the Website, you must first contact us for our permission. We may or may not, in our sole discretion, consent to you linking another website to the Website.