Agreement between the site and all registered users
Information about Archives Central and our contact details
Archives Central is funded by the Manawatū-Whanganui Local Authority Shared Services Ltd (MW LASS). We are physically located at 40 Bowen Street, Feilding. If you have any questions, complaints or comments on this Site, you may contact us at firstname.lastname@example.org or at the address above.
Archives Central utilises Creative Commons 3.0, 4.0 and Rights Statements to license subject material. Where there are no licenses showing, reproduction of the material provided is solely with the permission of the Senior Archivist. A separate permission to publish or use commercially must be obtained in order to publish from or distribute copies of material from Archives Central’s holdings. The material provided to you may be subject to copyright (Crown or Third Party), and it is your responsibility to ensure that your use of the material is allowed under the Copyright Act 1994. Where the material is being published or issued to others, the source, full references and copyright status must be acknowledged.
Restrictions on Use
Your use of the Site and our content grants no rights to you in relation to our (or our licensor's) intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties contained in such parts of the Site.
You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way Our Content or the computer codes of elements comprising the Site other than for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of Our Content to for the purpose of viewing, provided that no more than one copy of any information is made.
Any use other than that permitted under this paragraph may only be undertaken with our prior express authorisation.
Password, Profile and Security
Upon registration, you will select a login name, password and User Name that you can use to access your Profile. We will then send you an email confirming your registration and containing links to Terms and Conditions.
You are responsible for maintaining the confidentiality of your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Site and will not be liable where your Password or User Name are used by someone else.
You agree to notify us immediately of any unauthorised use of your Password or User Name or any other breach of security of which you become aware.
Links to and From Other Websites
Archives Central includes links to other websites. We do not control such third party websites and are not responsible for their content. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators.
You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve Us in any dispute between you and the third party.
You may link to this site, although any link must not in any way alter this site’s content or controls. Written permission is required from us to reproduce any aspects of this site for link purposes.
Limitation of Liability
We have no responsibility or control over the contents of any communications made by or between Registered Users and can not be held liable for any contents of or consequences of such material. You must be aware that any information provided by another Registered User may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Site or providing any information to others via the Site. If you have a complaint about any of the content contained on the Site then contact us.
To the fullest extent permissible by law, we disclaim any and all warranties of any kind (whether express or implied) in relation to the Site and any items accessed by you via the Site or a third party provider. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected.
You agree that we shall not, under any circumstances, be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damages whatsoever resulting from your access to or use of this website or any of its contents.
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Site and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features. Please ensure you run an effective firewall and virus detection system.
Whilst we use all reasonable endeavours to correct any errors or omissions in our own posted information as soon as practicable once they have been brought to our attention, we do not promise that it is correct.
We do not promise that the Site will be available uninterrupted and in a fully operating condition due to the nature of the internet and our dependency on other service providers. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons reasonably beyond our control.
All content and services on the Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Site. Any decisions or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk
We will make every reasonable effort to keep this site secure and confidential. We are not, however, responsible for any breach of security that is out of our control. An example is a Denial of Service (DDoS) attack by a third party.
Complaints and Feedback
If you have any other specific complaints about another Registered User or any other aspects of the Site then you can contact us. Please note that we are under no obligation to take any action against a Registered User or other person, unless required by law.
You warrant that:
- All information and details provided by you to us on registration are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time through amending your Profile details);
- You will undertake to comply with the restrictions on your use of the Site as set out in the Terms and Conditions; and,
- You agree to compensate us and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of the Site including any breach or suspected breach of these Terms and Conditions or your violation of any law or the rights of a third party.
Termination and Cancellation
You can cancel or terminate your registration at any time by contacting us. We reserve the right to terminate or suspend your registration where we have reason to believe or suspect that you are acting in breach of these Terms and Conditions, or where required to do so by law, regulatory body or our licensors.
Security and Privacy
Changes to Terms and Conditions and services.
We are constantly looking for new ways to improve the Site and to enhance your experience. We therefore reserve the right to amend and develop the Site and these Terms and Conditions at any time. We will email you advising of the change in terms and conditions and post all such changes on the Site and all such changes will take effect once they have been posted and you will be deemed to have accepted any such changes forthwith from such point if you continue to use the Site. If you do not accept any changes made, then you can exercise your right of termination at any time.
Each provision of these Terms and Conditions shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
These terms shall be governed by and interpreted in accordance with the laws of New Zealand. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
In these Terms and Conditions, a "force majeure" event means and shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident breakdown of plant or machinery, fire, flood, earthquake, storm or default of developers/suppliers, and where they are beyond Our reasonable control, any other acts, events, omissions or accidents.
We shall not be liable for any failure, any suspension or any termination of access to the Site or any content in connection with or arising out of a force majeure event.
Disclaimer - Words, terms, and descriptions
Archives Central users should be aware that certain words, terms or descriptions may be culturally sensitive and may be considered inappropriate today, but may have reflected the author’s/creator’s attitude or that of the period in which they were written.
These Terms and Conditions were last reviewed on 19 May 2020.