Terms and Conditions

This Disclaimer applies solely to the Ethics Review Manager online platform (the “Website”). The software and web services are provided by Infonetica Ltd (“Infonetica”).

Reference to: 

“Commercial Contract” is to the commercial contract entered into between the Ministry and Infonetica to provide the Website, with terms and conditions relevant to, and as accepted by, the user, as part of the user’s authorisation process through the Ministry, prior to use of the Website.  

“Ministry” is to The Ministry of Health of New Zealand.

“Terms and Conditions” is to the terms and conditions herein, including (unless the context provides otherwise), those terms and conditions under the Commercial Contract as applicable to the user. 

“you” or “your” is to the user of the Website. 

"we" or “our” are to the Ministry and Infonetica.

By accessing the Website the user agrees to the Terms and Conditions and the Website's Privacy Policy and understand that the Ministry and/or Infonetica may process the information that you provide in the use of the Website (including personal data if applicable).

The Ministry and Infonetica provide the Website to you without any conditions, warranties or guarantees (whether express or implied), including but not limited to any implied warranties or conditions as to the satisfactory quality of fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

You may only use the Website for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the Terms and Conditions or with the terms of any laws applicable to you or that is in any way unlawful.

You agree, without limitation:

1. To comply with any legal notices contained on the Website; 
2. To respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trademarks), and the rights of our licensors; and
3. Save where acting as agent or employee of a third party in connection with an application on this Website, not to use this Website for any personal commercial gain, nor to sell or trade in any of the content or other material copied or downloaded from this Website without our express written permission;
4. To not copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit any part of the Website or its Software;
5. To not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any part of the Website or its Software.

The Ministry and Infonetica try to make sure that all information on the Website is correct, and without giving any warranty or undertaking in this regard the Ministry will procure that Infonetica will use all reasonable care and skill to do so. However, subject to the paragraph entitled ‘Exclusions by Law’ below, neither the Ministry nor Infonetica accept liability for any error or omission and exclude all liability, either jointly or severally, for any action you may take or loss or injury you may suffer (whether direct, indirect or any consequential or special loss) howsoever arising out of or in connection with the use of this Website.

The Ministry and Infonetica make reasonable endeavours to ensure that the Website is generally available but neither makes any representation or guarantee as to such availability. Neither the Ministry nor Infonetica take responsibility for and will not be liable for the website or any interfaces with other systems being temporarily unavailable, or resulting in loss or corruption of data due to technical issues beyond the reasonable control of the Ministry and Infonetica.

Any information generated by you visiting the Website will be handled in accordance with the Terms and Conditions, the Website's Privacy Policy, any contract(s) agreed between the Ministry and Infonetica, and any applicable law (including where applicable the Data Protection Act 2018).

While the Ministry and Infonetica make every effort to check and test material at all stages of production, the Ministry and Infonetica are unable to guarantee that the Website will never be faulty, free of viruses and/or errors, nor that it will work continuously, nor that it will be maintained in a fully operational condition. 

It is always wise for you to run an anti-virus program on all material downloaded from the internet. The Ministry and Infonetica cannot accept any liability for any loss, disruption or damage to your data or your computer system, which may occur whilst you are using the Website or material derived from the Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Website users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

The user’s breach of any applicable law will be reported to the relevant authorities and the Ministry and/or Infonetica will co-operate with those authorities by disclosing the website user’s identity to them. In the event of such a breach, the website user’s right to use the Website will cease immediately.

We may make changes to and means of accessing the Website at any time and without prior notice. If the need arises, the Ministry and Infonetica reserve the right to suspend access to or close the Website permanently without prior notice. Whilst every effort is made to keep the Website up to date, any of the material on the Website may be out of date at any given time.

You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world ("IP Rights") in the Website (including all content) are owned by Infonetica and/or its licensors for the full duration of such rights.

Except for your use of the Website in accordance with the Terms and Conditions and the Website's Privacy Policy, you are granted no IP Rights in respect of the Website or its content.

As an individual or organisation, you may print paper copies and make copies to your hard drive of any of the names, images and logos identifying the Website provided that in doing so you comply with the following conditions:

1. You must ensure that the resource which you copy is used for research, training, private study or information only and is not used for direct commercial gain;
2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and
3. You must ensure that the Website is referred to as the source of the resource that you have copied.
4. You must not change any of the text or images contained in this Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.

From time to time we may at our sole discretion amend these Terms and Conditions and/or the Website's Privacy Policy. Your continued use of the Website constitutes your acceptance of and agreement to any changed Terms and Conditions and/or Website's Privacy Policy. We will ensure that details of any such changes are posted on the Website in a timely manner. For the avoidance of doubt, sections 13 to 15 of the Contract and Commercial Law Act 2017 do not apply, and the rights of the beneficiary (as that term is defined in that Act) to be consulted as to amendments made to the Terms and Conditions are expressly excluded.  

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, then such provision shall be amended to the full extent legally possible to ensure the intent of such clause(s) is enforceable and lawful. Where such amendment is not possible, then such clause(s) shall not affect the validity, legality and enforceability of the other provisions of these Terms and Conditions.

The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to, the use of this Website. These Terms and Conditions, the Website's Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New Zealand.