Agreement to terms
1. Welcome to the data.govt.nz site or the beta.data.govt.nz site hosted and operated by the Department of Internal Affairs (”we”, “our”, “DIA”) (for the purpose of these terms “the Site” means to the applicable site you are visiting or using).
For the purpose of these Terms, a “User” means any person that views, searches, posts content or comments (other than where content or comments are posted by a Publishing Agency (defined below)) on, otherwise uses, the Site.
Intellectual property rights
2. Material on the Site
The Site provides:
- links to, and portions of content from, public sector websites;
- the ability for people to post comments on released datasets;
- the ability for people to list reuses of released datasets; and
- a data request register through which people can ask agencies to release specific datasets, agencies can respond, and people can post comments,
(in these Terms, such content, comments, lists, data requests and responses are referred to as "Material").
3. Our Material
To the extent any Material on the Site is provided by DIA, that Material is licensed to Users under the Creative Commons Attribution 4.0 International licence provided that this licence will not apply to any Material to the extent that:
- different licence terms, (or terms excluding any licence is) are expressly identified by DIA or it licensors in relation to that specific Material;
- the Material incorporates any photograph, other than where copyright in that photograph is expressly identified as being owned by DIA or the Crown. All other photographs cannot be copied, communicated, adapted or otherwise used without the agreement of the applicable copyright owner; and
- the Material incorporates a New Zealand Government logo, Coat of Arms or any other logo, emblem and trade marks (including any logo, emblems and trade marks of DIA). Such logos, emblems and trade marks and the New Zealand Cost of Arms are protected by law and you must not copy or use them without express permission and compliance with applicable laws.
4. Publishing Agency material
Each public sector agency (each a “Publishing Agency”) that wishes to include a link to, or any portion of, content from any website of that Publishing Agency or to include any other material on the Site:
- must have first satisfied signed-up as a Publishing Agency, and otherwise meet the requirements of DIA for Publishing Agencies; and
- is required to make that material available to DIA and all users of the Site on the terms of the Creative Commons Attribution 4.0 International licence or to otherwise clearly identify where different terms apply to its Material.
5. Your material
- grant DIA and all Users a non-exclusive, royalty-free and irrevocable licence to to copy, communicate, modify otherwise use that Material for any purpose and in any format; and
- are responsible for ensuring and warrant that:
- you have all rights needed to grant the above licence;
- use of the material by DIA or any User in accordance with that licence, will not infringe any intellectual property or other rights of any party; and
- the Material is not illegal, obscene, defamatory, threatening, invasive of privacy or otherwise injurious or objectionable; and
6 DIA’s responsibility
Notwithstanding clauses 4 and 5 above, DIA is not responsible for ensuring, and provides no warranty that:
- Publishing Agencies and other Users will comply with these Terms, or that DIA will take steps to enforce these Terms in all cases;
- Material of any Publishing Agency included on or linked to the Site is or will be available under the Creative Commons Attribution 4.0 International licence;
- the use or possession of Material of any Publishing Agency or other User will not infringe any intellectual property or other rights of any party;
- any Material of any Publishing Agency or other User included on, or linked to the Site is accurate, up-to-date or can be relied on.
You are solely responsible for confirming the terms on which any Material is made available. Any questions regarding the licence applying to Material of a Publishing Agency should be directed to the applicable Publishing Agency.
To the extent any Material is linked to the Site, you acknowledge and agree that your rights and obligations in relation to its access and use of that Material will be governed by the applicable terms on the applicable host site.
User material and conduct
7. Unacceptable use
You are prohibited from posting or transmitting to or from the Site any Material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
8. Co-operation with authorities
We will co-operate fully with any law enforcement authorities or court order requesting or directing DIA to disclose the identity or locate anyone posting any material in breach of these terms.
9. Standards of Integrity and Conduct
Government employees who participate on the Site are reminded of their obligations under the Standards of Integrity and Conduct.
10. Pre-publication moderation
Contributions to the Site may be moderated by one or more DIA moderators before being published. Those moderators may decline to publish contributions or may modify contributions if they are considered to be either contrary to these terms or irrelevant to the subject-matter of the Site.
11. Banning abusive commenters
We reserve the right to suspend or terminate a User’s access or ability to post to comments, forum or other discussion areas if we believe any such facility is being abused.
12. DIA provides features that link you to or provide content from other websites. While we will use our reasonable endeavours to maintain the Site, DIA is not responsible for the currency or accuracy of content on or from such other websites. DIA disclaims and excludes all liability for any claim, loss, demand or damages of any kind (including where arising from a negligence claim) arising out of or in connection with the use of either the Site or the information, content or materials included on the Site or on any website to which it is linked.
The inclusion of a link to a Publishing Agency or other third party site does not imply any endorsement of the linked website or its content or provider.
13. We may revise these Terms at any time. Any such revisions will take effect immediately on the changes being notified on the Site’s homepage. By continuing to use the Site you will be deemed to have consented to any notified changes.
Tracking of website usage
14. If you visit the Site to read or access information or perform tasks, we collect and store statistical information about the visit.
This information includes the server address, top-level domain name, date and time of the visit, pages accessed and documents downloaded, previous site visited, and type of browser used.
Site statistics allow us to assess the number of visitors to the different sections of our website, identify what information is of interest, monitor system performance, and help us make our site more useful to visitors.
15. To the extent any material is posted or web-feed made available on the Site by a vendor or other party (agent) for or on behalf of an agency or other person (principal), by taking that action:
- the agent represents it is and remains fully authorised to take that action on behalf of the principal so that the principal is bound by, and grants the rights set out in, these Terms; and
- without limiting the principal’s obligations under these Terms, the agent agrees on its own behalf that it will comply with these Terms in relation to its posting of any material or web feeds.