- "we", "our" and "us" refers to the host agency managing the Platform (currently the Ministry of Business, Innovation and Employment).
- “you”, “your” or “User” refers to any user of the Platform
- “Applicant” means a business with a registered New Zealand business number (NZBN) for whom a User is submitting a Licence Application.
- “Content” means all information and material contained on the Platform.
- “GSP” means a local or central Government Service Provider.
- “Permission Request Application” means any permission service (including but not limited to licences, permits or registrations) for which a User applies on behalf of an Applicant through the Platform.
- “Services” means any service offered through the Platform.
2. GSP Specific Conditions
2.2 GSPs may charge application fees for Permission Request applications that relate to their services. We are not responsible for any fees charged by any GSP or other Internet website (not provided by us).
3. Access to the Platform
3.1 The Platform is available for Users (operating on behalf of Applicants) to submit Permission Request applications for any licensing, permitting or registration regime available on the Platform from time to time.
3.2 Lodgement of any Permission Request application does not indicate that it will be approved. The Permission Request application will be assessed by the respective GSP to which the Permission Request application is made against the relevant criteria.
3.3 The Platform is accessible using your RealMe® log in.
3.5 Where appropriate we or a GSP may contact you via telephone, e-mail, or text messages for additional information and clarification relating to your Permission Request application, the Applicant or use of the Platform.
3.6 We or a GSP reserve all rights to deny or restrict access to this Platform by any particular person or to block access from any Internet address to this Platform, at any time, for any reason at our sole discretion. Denying or restricting access does not remove any pre-existing contractual obligations or liability which the User has to us or any other User.
4.1 You warrant that:
- When submitting a Permission Request application:
- you are the Applicant, or are authorised by the Applicant to submit the Permission Request application on its behalf;
- you have obtained all necessary permissions, consents and approvals to submit the Permission Request Application;
- all the information provided in your Permission Request application is complete, accurate and current.
- you will not misuse the Platform by knowingly, or with reckless disregard, introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; and
- you will not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform.
4.2 You agree to pay all applicable fees for any selected Permission Request application, and upon payment you warrant that:
- the credit card/direct debit card information supplied via the Platform is true, correct and complete; and
- charges incurred will be honoured.
4.3 You acknowledge that you (and the Applicant in relation to a Permission Request Application) are responsible for all your actions in relation to the Platform and acknowledge that such use is at your (and the Applicant’s in relation to a Permission Request application), sole risk.
5. Operation of the Platform
5.1 While reasonable steps will be taken to ensure that the Platform is available to Users, the accessibility and operation of the Platform relies on technologies which are not under our control. The Platform will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons. We do not guarantee continuous accessibility, availability or uninterrupted operation of the Platform.
5.2 We may modify, suspend, restrict, withdraw or discontinue the availability of a Service, any Content or the Platform, at any time either temporarily or permanently for any reason (including the modification, suspension, restriction, withdrawal or discontinuation of a Service from the Platform, by a GSP).
6. Platform Security
6.1 We will use reasonable care to ensure that up to date versions of reputable third party anti-virus software are implemented for the Platform. Notwithstanding the above, you carry out any transactions or communications at your own risk.
6.2 You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.
7.1 We are not responsible or liable for:
- the availability or content of any website; and
- any damage or loss of any kind caused as a result (whether direct or indirect) of the use of any website, including but not limited to as a result of reliance on the contents contained in or available on any website; linked to or from the Platform.
7.2 Hyperlinks to other websites are provided for convenience only. Under no circumstances will we be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Platform is linked.
7.3 We reserve the right to disable or change the URL of the Platform. If you create a link to the Platform, you do so at your own risk.
7.4 We reserve the right to impose conditions when permitting any hyperlinking to, or framing of, the Platform or any of its contents.
7.5 We reserve the right to object to or disable any link to this Platform for any reason.
8. Disclaimers and Limitation of Liability
8.1 All Content provided on the Platform is for general informational purposes only and does not constitute legal advice or legal opinions on any specific matters.
8.2 While reasonable care is taken by us in providing the Content and Services on the Platform, neither we or the GSPs make any warranty or representation whatsoever, express or implied, including:
- that your use of, or access of the Platform will be uninterrupted, timely, secure, free of bugs, free from human tampering or intervention, free from virus or other malicious, destructive or corrupting code, programme or macro, free from transmission errors or otherwise error-free or that there will not be any defects or deficiencies in the Platform, Services or Content;
- that the Platform and its Services will be secure in all circumstances, or that your information captured in or made available through the Licence Applications will be secure in all circumstances;
- the compatibility or suitability for use of the Platform with the User's browser or its information technology equipment and systems;
- any consequence from use of the Platform or any of its functionality not being available;
- the accuracy, completeness, reliability, title, merchantability, satisfactory quality and/or fitness for any particular purpose of the Content.
8.3 Neither we or the GPSs will be liable for any damages, losses, compensation, penalty, expenses or costs (whether direct or indirect and whether foreseeable or not) including incurred on account of or arising from:
- using, visiting or relying on any statements, opinion, representation or information provided through the Platform;
- any delay or errors in operation or transmission, communications failure, internet access difficulties or malfunctions in equipment or software;
- use of, or inability to access, the Platform or Services (in whole or in part) or any other website linked to the Platform or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or a GSP are advised of the possibility of such damages, losses, compensation, penalty, expenses or costs; or
- the actions or omissions of any person who accesses or uses the Platform, its Services or obtains any information directly or indirectly through the Platform.
9.2 Each User will indemnify, defend and hold us and the GSPs harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, incurred by them in connection with any claim that could not have been made if that User had complied with their User Responsibilities at paragraph 4.
10. Privacy and Official Information
10.2 We will treat your personal information in accordance with our Privacy Statement, but you acknowledge and agree that we may be required to release information under the Official Information Act 1982 or other law.
10.3 Upon transmission of any personal information to a GSP via any Service or Permission Request Application, the GSPs treatment of that personal information will be in accordance with their own privacy statement.
12.1 Any clauses that are expressed to be for the benefit of both us and the GSPs are enforceable in terms of the Contract and Commercial Law Act 2017 by both us and/or the GSPs.