Terms and conditions
Terms and conditions
Terms of Use
Please read these Terms of Use before using the O-RA website: www.o-ra.io or any functions, software, applications or other programmes owned by us that can be accessed from that website (the Site).
Your acceptance of the Terms of Use
Your access to the Site is subject to the Terms of Use set out below. By accessing and using the Site, you certify that you have read and understood these Terms of Use and agree to be bound by them. Any subsequent use of the Site by you will also be subject to these Terms of Use, as amended from time to time.
ICE only grants use and access to this Site and its services to those who have accepted the Terms of Use.
These Terms of Use are effective as of 21 September 2022. We may, in our sole discretion, amend these Terms of Use at any time. Such amendments may include, but will not be limited to, amendments to:
- reflect a change in our systems or procedures, including for security reasons, or to capture new features incorporated into the Site itself; or
- clarify and update the Terms of Use.
We will notify you of any such changes by publishing the amended Terms of Use on the Site. The most current version of the Terms of Use will be available for review on the Site. Changes will be effective immediately once published.
You acknowledge and agree that it is your responsibility to review the Terms of Use and to familiarise yourself with any changes. Your continued use of the Site will constitute acknowledgement of the updated Terms of Use and agreement to be bound by and abide the updated Terms of Use.
If you do not wish to be bound by these Terms of Use, we advise you to leave the Site accordingly.
About O-RA
Original Registry Application (O-RA) is accessible on the Site and allows you to view and update certain details of your iwi memberships where the register of members is maintained by O-RA and the iwi entity of those memberships has permitted members to use O-RA in this manner. Accordingly, you may not be able to view or update information through O-RA in respect of all your memberships.
Subject to any specific iwi entity requirements, and any site access and requirements specified by Entity from time to time, you will be able to view your memberships via the Site in respect of which the Entity acts as registrar. To view your memberships, update your details or perform any transaction in respect of a membership, for security reasons, you will need to register as a user of O-RA (Registered User). When you initially register with O-RA you will first be asked to enter your email address and password. You will then be asked to provide your Profile Identity Number (PID). The Entity may also require the entry of security codes or impose other security requirements from time to time.
The address recorded against the PID used to initially register with O-RA will be used as the mailing address for administrative purposes associated with O-RA (for example, to mail any PID or other information to you regarding O-RA). Your registered mailing address for your membership will still be used for any iwi entity related communications to be sent by post.
Once you are a Registered User, for each membership included in your registration, you will be able to provide or modify:
- your address, phone number and email address for a membership;
- your whakapapa; and
- applications or direct communications to iwi entities.
Intellectual Property
By accepting these Terms of Use, you acknowledge and agree that all materials, products and services provided on this Site are the property of ICE, its affiliates, directors, officers, employees, agents, suppliers or licensors including all copyrights, trade secrets, trademarks, service marks or other proprietary rights and laws.
You also agree that you will not reproduce or redistribute ICE’s intellectual property in any way, including electronic, digital or trademark registrations. You grant ICE a royalty-free and non-exclusive license to display, use, copy, transmit and broadcast the content you upload and publish on the Site.
You are only permitted to use content from the Site as expressly authorised by ICE or such other specific content provider (including iwi, hapū or whānau). You may not copy, reproduce, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from ICE or the specific content provider and you are solely responsible for obtaining permission before reusing any material that is available via your access to the Site.
For any issues regarding intellectual property claims, you must contact ICE in order to come to an agreement.
Privacy Policy
Personal information is collected through O-RA and the Site. Please refer to our Privacy Statement as it describes our processes with respect to the use, collection, storage and disposal of personal information (as that term is defined in the Privacy Act 2020).
Electronic communications
As a Registered User of O-RA, if an iwi entity has opted to make its communications available electronically, you will be able to nominate whether you want to receive any or all of an iwi entity’s communications in that format, including their annual report and pānui. Where you do elect to receive some or all of an iwi entity’s communications electronically, you acknowledge and agree that the following Terms of Use will apply.
- You are responsible for maintaining your computer system and ensuring you can continue to receive electronic communications from the iwi entity and ICE in the manner elected by you.
- ICE and any iwi entity in respect of which you have elected to receive electronic communications will be deemed to have fulfilled their communication obligations for items you have nominated to receive electronically by transmitting the communication (including email notifications with an URL to the available materials) to the email address provided to ICE or the iwi entity by you for that purpose.
Warranties and liabilities
By using the Site, you are deemed to have given the following warranties, confirmations and undertakings.
- When you use the Site in respect of a membership, you warrant that you are either the member or that you are duly authorised to act on their behalf in using, and in performing any action on, the Site.
- You agree to indemnify ICE, hold harmless and defend ICE and its affiliates, officers, and employees from all liabilities, losses, damages, costs and expenses (including reasonable legal expenses), claims and demands asserted by any third party due to or arising from or in connection with your use or conduct on this Site, or from any content or messages posted or transmitted by you on or through this Site.
- ICE reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which will not excuse your indemnity obligations,
- You are solely responsible for the use you choose to make of the information on the Site. Further, to the extent permitted by law:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it;
- ICE will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it, including any transaction processing or payment services made available on, or through, the Site; and
- ICE does not represent, endorse, or warrant that you will have uninterrupted or error-free access to, and use of, the Site, any services provided on it, and any files available downloading will be error-free or free form viruses, faults or defects.
- If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 will not apply.
- You will comply with all applicable laws, rules and regulations, including but not limited to the Privacy Act 2020 and other relevant legislation.
- You will ensure you do not violate any third party rights (including Intellectual Property or privacy rights) when accessing, using and/or uploading content on to the Site.
- You acknowledge that the Site may be unavailable at any time without notice, but, ICE will use reasonable endeavours to provide you with reasonable notice of any scheduled maintenance of, or upgrade to, the Site.
- You agree to not, in the course of your use of the Site:
- resell or make available login details to any other person, or do or omit to do any other thing that could reasonably constitute commercial exploitation of the Site;
- not impersonate another person or misrepresent authorisation to act on behalf of another;
- do or omit to do anything that could have the effect of undermining the security or integrity of the Site;
- use, or misuse, the Site in any way which may impair its functionality or impair the ability of any other user of the Site; and
- attempt to view, access or copy any material or data on the Site other than that which you are authorised to access and use in accordance with these Terms of Use.
- You acknowledge that ICE reserves the right to alter, suspend or terminate the Site and the Site or your access to the Site temporarily or permanently at any time without prior notice.
- You have read and understood these Terms of Use and you agree to be bound by them.
Jurisdiction
This Site is governed by, and is to be interpreted in accordance with, New Zealand law. Any disputes relating to it will be resolved by the New Zealand courts.
To the fullest extent permitted by law, we shall not be responsible for the compliance of this Site or any information contained in it with the laws of any country other than New Zealand.
Suspension or Termination of Access
ICE may, at any time without notice, suspend or withdraw your access to this Site, including services and features provided in connection with the Site, if you breach any of these terms of use, you have acted fraudulently, or ICE considers there are other reasonable grounds to do so.
Third Party Websites and Materials
This Site may contain links to third party websites or refer to third party services. These websites or third party services have not been prepared by ICE and are not managed by ICE. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites or third party services that this Site links or refers to.
The content of the Site may include information or commentary provided by users or other third parties. ICE is not responsible for the content provided by users or third parties. ICE is under no obligation to monitor or remove any third party content or user comments.
The Site may also contain third-party advertisements. Advertisements are not recommendations or endorsements by ICE. You should refer to the relevant advertiser for information on its products and/or services.
Assignment
ICE may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms and Conditions or any part of them to any third party.
Contact
If you have any questions or concerns in relation to the Site or these Terms of Use, please contact ICE at [email protected]