Terms of Use

Last Updated: 13th August 2021.

These terms of use (Terms) govern your use of the TAIAO Community Platform web application (the Website). By using the Website, you agree to these Terms. If you do not accept these Terms, you may not use this Website. For the purposes of these Terms, “we”, “us” and “our” refers to The University of Waikato and its subcontractors, and “you” and “your” refers to the user of the Website.

These Terms of Use may be amended from time-to-time and any changes will be effective once published to the Website. If you have any comments or questions regarding the Website, please contact support@taiao.ai.

Please refer to our Privacy Statement for information on the way we collect, use and share personal information about you when you access and use this Website.

Your use of the Website
Registered users

Before accessing the Website you must complete the registration process. When you register you may be required to set up a login and password; your password must comply with the security requirements.  We will assume that the person using your login and password is you.

Your use of this Website is subject to the access rights granted to you by the registered administrator (Administrator). You must inform the Administrator (by email to support@taiao.ai) if you no longer require the access rights granted to you and/or if you change roles or employers from the time you were granted access rights.

We may terminate or suspend access to the Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability. We are not responsible for any damages arising from such termination, suspension or amendment.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” and “your” shall refer to such entity and its affiliates.  If you do not have such authority or if you do not agree with these Terms, you may not use the Website.

We reserve the right to monitor and review your access to and use of the Websiteto ensure compliance with these Terms.

You agree that you  must:

  • Use the Website for lawful purposes only
  • adhere to the TAIAO Community Guidelines
  • adhere to the TAIAO Code of Conduct
  • notify us immediately on becoming aware of any actual or suspected unauthorised use of your login and password, or if one of your devices is hacked, stolen, or lost;
  • inform us if you no longer require access to the Website or if you change roles or employers from the time you were granted access rights.  We may revoke or amend your access rights at any time;

You agree that you must not:

  • disclose your login and password or other authentication information to anyone else;

  • allow anyone else to access this Website using your registration information or otherwise pretending to be you;

  • use this Website for any purpose other than as specified in these Terms and as permitted by the scope of access rights granted to you;

  • post information which you are not authorised to post or post any personal information about any person, unless you have express consent from that person to do so;

  •  use this Website for any activity which infringes a third party's rights, is unlawful, or breaches these Terms;

  • upload, post, transmit, share or otherwise make available any content that is:

    • unlawful, abusive, defamatory or harassing;
    •  is false, misleading or deceptive;
    •  any copyright or trademark law, privacy or other personal or proprietary or moral rights;
    •  objectionable (includes, but is not limited to profanity, indecent/inappropriate jokes, material derogatory to any ethnic, gender-based or other groups of people, or sexually explicit material);
    •  infringes, breaches or misappropriates any third party’s intellectual property (including but not limited to any copyright or trademark law), proprietary, contract or tortious rights, privacy rights and/or rights to confidentiality;
  • use this Website to send spam or any unsolicited messages (commercial or otherwise);

  • attempt to gain unauthorised access to this Website or use another person's name, registration account or password;

  • knowingly provide false registration information;

  • knowingly transmit any virus or other disabling feature to this Website; 

  • collect information that could be considered personal data about others without their explicit consent and/or appropriate lawful basis;

  • introduce, or seek to introduce, any virus, malware or other malicious code into the Website;

  • circumvent the user authentication or security of the Website or any related host, network, or account; 

Please keep your login, password and/or other authentication information secure. Do not write this information down or use details whichcould be easily guessed by any person. We take a number of steps to safeguard the security of the Website but you are responsible for protecting your login and password and for the security of your computer (and any network which you are responsible for), including anti-virus and other relevant security measures to prevent unauthorised use of, and access to, your Website account.

Posting or uploading content to the Website

If you are permitted to edit or add content on this Website, this Website records those changes and identifies which registered user made such changes. 

To the extent you own any content you post in accordance with your access rights or are licenced to use such content you post, you will retain such ownership and intellectual property rights. You represent and warrant that you have all necessary rights, licences and approvals to upload, post, transmit, share or otherwise make available the content that you upload, post, transmit, share or otherwise make available on or using the Website. You grant Us a royalty-free, perpetual right to use any content you post on this Website for the purpose of providing this website. If you do not have the rights to upload any content to this Website or grant the licence to Us referred to above, please do not post the relevant content on the Website.

You agree to indemnify and hold Us harmless to the maximum extent permitted by law, against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses on a solicitor and own client basis) suffered or incurred by us arising directly out of, or in connection with, any claim that the use of any content posted by you to the Website infringes the rights of any third party.

You acknowledge that any information you post to this Web Application will become subject to disclosure rules under any applicable privacy laws.

Disclaimer and liability

Whilst every effort has been made to ensure the content on this Website is complete and accurate, to the maximum extent permitted by law and notwithstanding any other provision of these Terms,without affecting our legislative and regulatory obligations, we (and our contributors and associates) exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of all content, products or services available through this Website. We make no warranty that this Website will be free from viruses or any kind of malicious code whatsoever.

No information or content on this website constitutes advice as to the appropriateness or suitability of any product, service or course of conduct. Reports or information made available to you through the Website may contain additional terms and disclaimers. The information contained in those reports is subject to those terms and disclaimers and you should make sure you review those terms and disclaimers together with the report. The Information on this Website is subject to change at any time, without notice to you.

Your use of the Website is at your own risk.  We have no control over the information, content and data that is entered or uploaded by a user.

To the maximum extent permitted by law and without affecting our legislative and regulatory obligations, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:

  • your use of this Website, or;
  • your inability to access or use this Website.

You agree to indemnify and keep indemnified us (and our officers, employees, agents and related bodies corporate) against all damages, liabilities, losses (including, without limitation, loss of profits), costs or expenses of any kind, whether direct or indirect, whether in tort, contract, equity or otherwise, which arise out of or result from your access to or use of this Website in contravention of these terms and conditions, or otherwise from our relationship with you.

Availability of the Website

While we will aim to make the Website available on a reasonably continuous basis (taking into account scheduled downtime for maintenance and upgrades), this Website is made available on an "as is" and “as available” basis and we make no guarantees or representations in relation to the continuity of the availability of the Website, or any particular functionality of the Website. There may be times when access to the Website is limited or unavailable. We have no responsibility to you for any consequences resulting from the unavailability of the Website or your inability to access the Website at any time.

We can suspend or terminate your access to the Website at any time without notice, for any reason and at our discretion (including as a result of your failure to comply with these Terms). 

Third-party websites and products

This Website might contain links to other third-party websites. Those links are provided for your convenience and do not mean that we endorse the website. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services linked to this Website. We strongly advise you to review the privacy policy of every site you visit.

Jurisdiction

This Website 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 Website or any Information contained in it with the laws of any country other than New Zealand even if you are accessing the website or any Information contained in it from outside New Zealand. Any such access is at your own risk and you are responsible for compliance with all laws in the country in which you are located.

General

Each term of these Terms is separately binding. If for any reason any term is not effective or binding, all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.