By logging into the Site, you will be deemed to agree to these terms.
You are required to obtain a logon – username and password – before being able to enjoy this Site. You must take reasonable care of your logon and keep it secure. This includes:
You must immediately notify us:
Subject to your compliance with these terms, we grant to you and you accept from us, a non-exclusive, non-transferable and non-assignable, non-sub-licensable, revocable licence for you to access and use the Site for the purposes of better understanding, accommodating and planning for construction activities.
Unless otherwise indicated, any copyright in material on the Site is owned by the Lead Agency or its licensors. The scope of our licence to you for you to copy and use such material depends on the range of data to which you have authenticated access and the category of data you wish to use.
The two broad categories of data that the Site displays are:
Only a controlled subset of registered users are able to view the network data. Access depends on agreements between the Lead Agency and the network data providers.
Using forward works data
Registered users of this Site are licensed to take, copy and re-use the forward works data that the Site makes available for the purpose of enabling them to better understand, accommodate and plan for infrastructure works across their region. This licence includes copying, storage and internal reproduction (e.g., on an Intranet) for this purpose but does not extend to public distribution, whether via the Internet or otherwise. For the avoidance of doubt, such forward works data that the Site makes available may not be shared, disclosed or distributed other than through the Site and screenshotting or image capturing of such data and/or sharing in any other manner is prohibited.
Using network data
If your authenticated access includes the ability to view visualisations of network data, your rights are limited to:
Except as expressly permitted above, you are not permitted to use the visualisations of network data for any other purpose (including copying network visualisations of entire or substantial parts of wide areas, using the visualisations to develop your own geospatial dataset of network locations, using the visualisations for commercially competitive purposes or publishing the visualisations in any form) without our written consent or the written consent of the relevant network provider(s). We will not grant such consent without obtaining consent from the relevant network provider(s).
You agree that:
The licences above do not apply to the Site’s design elements or to any government or other organisations’ emblems or logos. These elements, emblems and logos may not be reproduced without our written consent.
If the licences above do not cater for your needs and you would like to speak to someone about obtaining a broader licence to re-use content on this Site, please contact support@forwardworks.co.nz.
Forward works data
Except for personal information not visible on the Site (which is covered under the privacy policy), any forward works data you provide to the Lead Agency for posting on the Site, or that you post to the Site directly, will be considered non-confidential. To the extent there is any copyright in these data sets or their compilation, you grant the Lead Agency a non-exclusive, royalty-free and irrevocable licence to:
This licence survives termination or expiry of these terms of use for any reason.
Network data
To the extent that you provide network data to us for visualisations on the Site, you grant the Lead Agency a limited licence to:
If your contributions to the Site include material in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to reproduce that material in the form in which you are submitting it to us for publication on this Site and allowing us to exercise the rights set out above (see “Your licence to us for contributions to the Site”).
If your contributions to the Site include personal information (e.g., relating to members of staff in your organisation who can be contacted for forward works-related purposes), you will ensure, and you warrant to us, that you have permission to provide that personal information for the purposes of the Forward Works Viewer (and any public version of a forward works viewer) and for our sharing of that information as described in these terms of use and the privacy policy.
You are prohibited from posting or transmitting to or from the Site any material that:
You must not:
We do not moderate data added to the Site before it is published but reserve the right to remove or modify contributions if they are considered to fall within the “Unacceptable use” provision above, are found to be inaccurate or are irrelevant to the subject-matter of the Site.
The Lead Agency and data or service providers try to provide accurate data on forward works, networks and any other matters on this Site but we provide access to the Site and the data contained in it on an “as is” and “as available” basis, without any warranties (express or implied) of any kind, including as to the completeness, accuracy, reliability or suitability of the Site or the data contained in it, other than warranties which cannot be excluded by law. To avoid doubt, the provisions of the Consumer Guarantees Act 1993 are excluded to the maximum extent permitted by law. You acknowledge that we have not taken any steps to verify the data contained in the Site and as such the data
may be incorrect, duplicated, incomplete, or misleading. People and organisations that wish to confirm the accuracy of data at any point in time need to confirm it directly with the relevant organisation concerned.
You must not make, or allow to be made, any representations to any other person that this data is reliable without our prior written consent. You indemnify us and the relevant data or service provider for any claims made against us as a result of any such representation being made by or on your behalf.
The Lead Agency and all data or service providers disclaim and exclude all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the accuracy of data and your use of this Site and the data provided through it or linked to from it.
This disclaimer, indemnity and exclusion of liability is intended to be for the benefit of all providers of data to the Site and to be enforceable by them under Part 2, Subpart 1 (Contractual Privity) of the Contract and Commercial Law Act 2017.
The Lead Agency will not be responsible for any disruption to this Site or for loss or corruption of any information whilst in transit or when downloaded onto any computer system from this Site.
Limitation of liabilities
Your access to and use of the Site and data contained in it, is at your sole risk. To the maximum extent permitted by law, we, our employees, agents and affiliates exclude all liability for loss or damage (including loss of, or damage to, physical property, personal injury or death) arising out of or in connection with your use of the Site or the data contained in it, whether or not such loss or damage was foreseeable, or you advised us of the possibility of the loss or damage.
We, our employees, agents and affiliates will not be liable to you for any loss or damage howsoever arising in connection with any decisions, consequences or actions taken by you or any other person in connection with or in purported reliance on the Site or the data contained in it.
We will not be liable to you for any loss or damage arising from delay or failure to perform our obligations due to any matter beyond our reasonable control nor any loss or damage caused or contributed to by you.
To the extent permitted by law, you indemnify us and will keep us indemnified against any liability, damages, expenses, costs or compensation that we may have to pay any party for any act, error or omission of yours or your employees, agents or servants whatsoever.
Your sole remedy against us is limited to breach of contract and we and our employees and agents will not be liable to you for any claim for breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.
Our maximum liability to you under or in connection with these terms (whether in contract, tort or otherwise), as an aggregate in respect of all events and breaches of these terms, is limited to $500.
Suspension
These terms will be in effect from the first time you access the Site, and will remain in effect until terminated in accordance with its terms.
Without limiting any other right or remedy available to us under these Terms, if you are in breach of any of these terms, we may suspend your access to the Site until the relevant breach has been remedied.
We may also suspend your access to the Site at any time:
Our treatment of your personal information is described in our privacy policy. In agreeing to these terms of use or using this Site, you will be taken to have read and agreed to the terms of that privacy policy.
Changing organisation
If you cease to work for the organisation to which your logon email belongs to, you are required to:
If you wish to continue using the Site, you must apply for a new logon account using an email from the organisation you are associated with.
Notices
Any notice or correspondence required to be given or sent by either party to the other must be in writing and be sent to the email address set out below:
Us: support@forwardworks.co.nz; and
You: the e-mail address specified when you create your logon.
If any provision (or part of a provision) of these terms is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of the parties.
You agree that the Lead Agency may assign, transfer or novate any or all of its rights and obligations under these terms of use to any public sector agency that may come to assume ongoing responsibility for this Site (and, if relevant, any public version of a forward works viewer).
We may revise these terms of use and the privacy policy at any time. Any such revisions will take effect once notified through a post or other announcement on the Site detailing the respect(s) in which the terms or privacy policy have changed. Continued use of the Site after the effective date of any such revisions, through the act of your logging in to the Site, indicates your acceptance of those revisions.
Governing law and jurisdiction
These terms will be
governed by and interpreted in accordance with New Zealand law and the parties
submit to the non-exclusive jurisdiction of the courts of New Zealand.
