Agreement to terms

• “Lead Agency” means the Digital Built Aotearoa Foundation
• Welcome to the Forward Works Viewer (the “Site”), a website provided by the Lead Agency,
  References to “we”, “our”, “us” are references to the Lead Agency.
• References to “you” or “your” are references to the user.
• These terms apply to the entire contents of the Site and to email notifications produced by or via the Site.
• By logging into the Site, you will be deemed to agree to these terms.

Registration

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:

• not disclosing your password to others or allowing others to see it;
• not leaving an unsecured computer or device that is logged in to the Site unattended; and
• not sharing your logon with any other person.

You must immediately notify us:

• if you believe the secrecy of your password has been compromised; or
• you become aware of any unauthorised use of your username or password or logged-in session.

Use, provision and management of data

Copyright and our licensing to you

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:

• forward works data; and
• network data (i.e., data showing, for example, the location of cables, piping, routers, mobile repeaters and the like).

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.

Using network data

If your authenticated access includes the ability to view visualisations of network data, your rights are limited to:

• viewing those visualisations on this Site;
• taking isolated screenshots of areas that are limited to your specific work(s) or, in the case of authorised agencies and organisations, limited to areas that are relevant to the agency or organisation’s planning activity;
• noting any implications that the location of a specific network element may have on your or related works; and
• discussing such implications with the relevant network provider(s) and organisations or others involved with your or related works.

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 network data and visualisations of those data are confidential;
• any unauthorised use or disclosure of them is strictly prohibited;
• damages would not be a sufficient remedy in the event of wrongful use or disclosure (for reasons of public health and safety and commercial sensitivity); and
• we or the relevant network providers may seek urgent interlocutory relief to protect the data and visualisations in the event of unauthorised use or disclosure.

Licence limitations

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.

Your licence to us for contributions to the Site

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:

• publish such data on this Site and on a public version of a forward works viewer, in hard copy publications, in email notifications and alerts and in web feeds; and
• sub-license such data for copying and re-use by others involved in infrastructure activities that have authenticated access to this Site to enable them to better understand, accommodate and plan for works across the region, as set out above (under “Using forward works data”).

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:

• use the data to publish visualisations of the data on the Site; this may include instructing our outsourced service provider to load the data into the Site and
• permit authorised authenticated users to do the things referred to above (under the heading “Using network data”).

Your use of third party material in your contributions

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”).

Your submission of personal information

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.

Unacceptable use

You are prohibited from posting or transmitting to or from the Site any material that:

• you know to be inaccurate, out-of-date or misleading; or
• is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Moderation

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.

Liability

Disclaimer and exclusion of liability

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 neither the Lead Agency nor any other data or service provider gives any warranty or assurance as to the data’s accuracy and will not be liable for the consequences of any inaccuracy. 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.
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 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.

No liability for disruption or corruption

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.

General

Agreement to privacy policy

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.

Severability

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.

Transfer and assignment

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).

Revisions to terms

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.