Terms of Use

1. Your use of this Website and related services

1.1 These Terms apply to your use of this Website, any Service, and the Information. By accessing and using this Website, a Service, or the Information, you:

  • accept these Terms; and
  • where your access and use is on behalf of another person (e.g. a company), confirm you are authorised to, and do in fact, accept these Terms on that person’s behalf and that person is bound by these Terms.

1.2 If you do not accept these Terms, you are not authorised to be granted an online account or access and use the secure part of this Website and associated Services.

2. Changes

2.1 BPAC NZ Limited may change these Terms at any time by updating them on the Website, including (without limit) updating or adding restrictions for access and use of a Service or the Information. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use this Website, the Services or the Information following an update, you agree to be bound by the changed Terms.

2.2 These Terms were last updated on 13 August 2014.

3. Definitions

In these Terms, the following phrases have the stated meaning.

Information means any information or data made available on this Website or via a Service.

BPAC NZ Limited (also bpacnz) means the Best Practice Advocacy Centre New Zealand Limited and its related organisations

Secure part of website means the content that is only accessible once a user has completed sign up and has logged in to their online account using their username and password.

Service means any service made available to you by BPAC NZ limited via the website, including (but not limited to) any email or hardcopy subscription, for example ‘Best Practice Journal’ or ‘Best tests’ etc.

Terms means these terms and conditions titled Terms of Use and includes any Service Specific Terms for a Service.

User ID means a unique username and/or password.

You (and Your) means the person accessing or using this Website, the Service and/or the Information.

4. Access to Information

4.1 BPAC NZ Limited authorises you, on a non-exclusive and non-transferable basis, to access and use this Website, the Services and the Information for lawful purposes and in a lawful manner, and in accordance with these Terms.

4.2 Unless clause 4.3 applies, you must:

  • use the Information for your own personal use only and must not use all or any part of the Information for any commercial purpose; and
  • not re-supply, alter, publicly display, or distribute (whether for consideration or otherwise) all or any part of the Information.

4.3 The restriction in clause 4.2 does not apply to any Open Access Data provided that when you make commercial or professional use of that Information, you must:

  • not alter the text of the Information;
  • if the Information is incorporated into another product or service, acknowledge BPAC NZ Limited as the supplier of the Information in the product or service terms and in the manner required by BPAC NZ Limited; and
  • not use the Information in a way that:
    • states or implies that BPAC NZ Limited endorses you, your business, or any product or service; and
    • without limiting clause 4.1, is misleading or deceptive or is likely to mislead or deceive

4.4 It is your responsibility to determine whether clause 4.2 or 4.3 applies to the Information that you are using. If you are using different types of Information, you acknowledge that clause 4.2 may apply to some types of Information and clause 4.3 to other types.

5. Your Responsibilities

5.1 If you register for a Service, you must:

  • comply with any applicable Service Specific Terms (in addition to these Terms); and
  • provide true, current and complete information, and must promptly update your details including (but not limited to) changing your listed postal address and/or practice address, should this change, so that the information remains true, current and complete.

5.2 If, to access and use a Service or Information, BPAC NZ Limited provides you with, or you must create, a User ID, you must keep the User ID secure. You must:

  • not permit any other person to use your User ID, including (without limit) disclosing or providing it to any other person; and
  • immediately notify BPAC NZ Limited if you become aware of an unauthorised use or disclosure of your User ID, by sending an email to contact@bpac.org.nz

5.3 You warrant that any information, feedback and comment provided by you on or to this Website is true, complete and accurate.

5.4 You must:

  • not to act in a way, or use, or attempt to damage, interfere with or introduce anything (including, without limit, any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other feature for any purpose) that in any way compromises this Website, any Service, the Information, or any network or system underlying or connected to this Website or any Service; and
  • access the Website, any Service and the Information via standard web browsers only and not by any other method (including, without limit, by scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method).

6. Intellectual property

6.1 BPAC NZ Limited (and its shareholders) own all proprietary and intellectual property rights in the Website, and any Service (including (without limit) all text, graphics, artwork, photographs, logos, icons, sound recordings and look and feel), the Information, the underlying software and any data or material forming part of the Website, a Service or the Information.

6.2 Except to the extent expressly permitted by these Terms, you must not adapt, copy, distribute, display, publish, reproduce or create derivative works from any part of this Website, a Service or the Information.

7. Disclaimer

In using this Website, the Services and the Information, you accept: The information on this website is specifically designed to address conditions and requirements in New Zealand and no other country. BPAC NZ Limited assumes no responsibility for action or inaction by any other party based on the information found on this website and readers are urged to seek appropriate professional advice before taking any steps in reliance on this information.

8. Privacy

8.1 When you provide personal information to BPAC NZ Limited, it will comply with the New Zealand Privacy Act 1993.

8.2 The personal information you provide to BPAC NZ Limited (including, without limit, information provided when you register to use a Service) is collected and may be used for statistical analysis, the marketing by BPAC NZ Limited of other products and services to you, to provide Services to you, and research and development.

8.3 BPAC NZ Limited may collect personal information through the use of cookies. Cookies are alphanumeric identifiers that BPAC NZ Limited transfers to your computer’s hard drive to enable BPAC NZ Limited systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on this Website.