Terms of use

 

Last updated: 1 March 2021

  1. Application of Terms of Use
    1. Access to the Managed Isolation Allocation System (the "System"), the Website and receipt of the Services is governed by these terms and conditions and include the Privacy Statement and Copyright Statement ("Terms of Use"). By accessing and using the System, Website or Services you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must not register for, or use, the System, the Website or any of the Services.
    2. These Terms of Use may be changed from time to time. Changes will be posted on the Website. You accept that your use of the System after changes have been posted will be deemed to be your agreement to the modified Terms of Use. Every time you wish to use the System, please check the Terms of Use to ensure you understand the Terms of Use that apply at that time.
    3. Where you access and/or use the System, Website or Services on behalf of another person, you confirm that you are accessing and/or using the System, Website or Services as that person’s agent, and that you are authorised to agree to these Terms of Use on that person’s behalf and that, by agreeing to these Terms of Use on that person’s behalf, that person is bound by these Terms of Use as if they were a User.
  1. Definitions

In these Terms of Use:

Applicant means a person in need of one or more spaces in a Managed Isolation or Quarantine Facility

Application means a request for one or more spaces in a Managed Isolation or Quarantine Facility

Content means all information and material contained on the System and/or Website

Managed Isolation or Quarantine Facility has the meaning in the COVID-19 Public Health Response Act 2020

Personal Information means information about an identifiable, living person

Services means the services offered as part of the System, including the ability to request one or more spaces in a Managed Isolation or Quarantine Facility

Underlying System means any network, system, software, data or material that underlies or is connected to the Website or System

User ID means a unique name and/or password provided by, or allocated to you to allow you to access certain parts of the Website and the System

We, us or our means the Ministry of Business, Innovation and Employment, or such other agency that becomes responsible for managing the System, as notified to you from time to time

Website means the Managed Isolation Allocation System website at https://allocation.miq.govt.nz

“you”, “your” or “User” refers to any user of the System, who may or may not also be an Applicant

  1. System operation and access
    1. The System is available for Users to submit Applications as, or on behalf of, an Applicant or Applicants, from time to time.
    2. You must set up an account in order to access the System and submit an Application. An account can only relate to a single, named individual. Accounts cannot be transferred to other people.
    3. Once you have set up an account, the System is accessible using your User ID and password, and you will be able to submit Applications by entering certain information into the System.
    4. We cannot guarantee that accommodation will be available on any given date, or that any accommodation provided will meet any of your particular requests, including as to location.
    5. Where appropriate we may contact you via telephone, e-mail, or text message regarding your Application, use of the System or the Services, including for additional information or clarification relating to your Application or booking.
    6. For each approved Application, one or more voucher(s) will be made available through the System.
  1. Your obligations
    1. You must provide true, current and complete information in your dealings with us, including when setting up an account and submitting an Application. You must promptly update that information as required so that the information remains true, current and complete at all times.
    2. You must keep your User ID and password secure and:
      1. not permit any other person to use your User ID or password; and
      2. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID or password, by contacting us on the following telephone numbers. In New Zealand: 0800 476 647, for the rest of the world: +64 4 931 5720.
    3. You must:
      1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature or material that is malicious or technologically harmful) that in any way compromises, or may compromise, or places an unreasonable or disproportionately large load on the Website, the System or any Underlying System, or otherwise attempt to damage or interfere with the Website, System or any Underlying System;
      2. not attempt to gain unauthorised access to the System or any Underlying System, including the server on which the System is stored or any server, computer or database connected to the System;
      3. not use the System for any unlawful purpose or in a way which breaches any third party’s rights;
      4. not make modifications to the Website, System or Underlying System;
      5. not test, scan or circumvent the security of the Website, System or Underlying System;
      6. not use any scraping, deep-linking, harvesting, or data mining robot or spider, automation, or any similar data gathering, extraction or monitoring method with respect to the Website or System; and/or
      7. access the Website via standard web browsers only, and not by any other method, unless we agree otherwise.
    4. When registering an Application, you warrant that:
      1. you are the Applicant, or are authorised by the Applicant to submit the Application on behalf of the person(s) named in the Application;
      2. you have obtained all necessary permissions, consents and approvals to submit the Application; and
      3. all the information provided in an Application that you submit is complete, accurate and current.
    5. You agree to pay all applicable fees and/or charges for or in relation to any Application.
    6. You acknowledge that you (and the Applicant) are responsible for all your actions in relation to the System and acknowledge that such use is at your (and/or the Applicant’s) sole risk.
  1. Service Security
    1. We will use reasonable care to ensure that up to date versions of reputable third party anti-virus and anti-malware software are implemented for the System. Notwithstanding the above, you carry out any transactions or communications at your own risk.
    2. You are responsible for configuring your information technology, and computer programmes to access the System. You should use your own virus and malware protection software.
  1. Intellectual Property
    1. All copyright and other intellectual property rights in the System, Website and Content is governed by our Copyright Statement. In agreeing to these Terms of Use, you will be taken to have read and agreed to the terms of that Copyright Statement.
    2. Your ability to access the System under these Terms of Use does not constitute and shall not be interpreted as any transfer to you of intellectual property rights, or licence to you of any proprietary or intellectual property rights in the System or Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), Content or the Underlying Systems.
  1. Disclaimers
    1. If you are a consumer, you have rights under the Consumer Guarantees Act 1993 which cannot be excluded or limited. Nothing in these Terms of Use will affect those statutory rights.
    2. The Website, System and Services are provided to you on an “as-is” basis and you access Website and System at your own risk. To the extent permitted by law, we do not represent, warrant or guarantee to you (either expressly or impliedly) that:
      1. the Website, System and/or Services will be continuously available to you. The accessibility and operation of the System relies on technologies which are not under our control. The System will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons;
      2. that your use of, or access to the System, Website or the Services will be uninterrupted, timely, secure, free of bugs or defects, free from human tampering or intervention, free from virus or other malicious, destructive or corrupting code, programme or macro, free from transmission errors or otherwise error-free;
      3. the System or Services will be compatible, or suitable for use, with the User's browser or its information technology equipment and systems;
      4. any Content or other information made available through the Website or System is accurate, current, complete or reliable; and/or
      5. the Website, System or Services will not contain any viruses or other forms of interference which may damage your computer system or expose you to fraud. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and System protects you from this
    3. We make no representation or warranty that the Website or System is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and System is not illegal or prohibited, and for your own compliance with applicable local laws.
    4. Links to other websites provided on the Website or through the System are provided for convenience only. We do not endorse, approve or recommend, or take responsibility for, any sites linked from the Website or their contents, operations, products or operators.
  1. Liability
    1. If you are a consumer, nothing in these terms, including in this clause 8 affects any rights or remedies you might have under the Consumer Guarantees Act 1993.
    2. Without limiting any rights you may have under the Consumer Guarantees Act 1993, but otherwise to the maximum extent permitted by law, we are not liable or responsible to you or any other person for any claim, loss, or damage arising under or in connection with your access and use of (or inability to access or use) the System or Website.
  1. Privacy and Official Information
    1. Our treatment of your Personal Information is described in our Privacy Statement. In agreeing to these Terms of Use, you will be taken to have read and agreed to the terms of that Privacy Statement.
    2. Notwithstanding anything in the Privacy Statement, you acknowledge and agree that we may be required to release information under the Official Information Act 1982 or any other law.
  1. Suspension
    1. We reserve all rights to suspend, discontinue, deny or restrict access to the System or Website by any particular person at any time, for any reason at our sole discretion without notice or liability. We reserve all rights to block access from any internet address to the System or Website, at any time, for any reason at our sole discretion. Suspending, denying, discontinuing or restricting access does not remove any pre-existing contractual obligations or liability which the User has to us or any other User. On suspension, denial or restriction of access, you must immediately cease using the System and Website and must not attempt to gain further access.
  1. General
    1. If we need to contact you, we may do so by using the email connected to your account or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
    2. These Terms of Use are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts in the determination of any dispute arising under these Terms of Use or your use of the Website, System or Services.
    3. Any waiver by us of a right under these Terms of Use must be in writing.
    4. Any failure or delay in exercising any right or remedy available to us under these Terms of Use, will not prejudice our rights in exercising that or any other right or remedy at any future time.
    5. If any part or provision of these Terms of Use is determined by a court or other competent authority to be illegal, unenforceable, void, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms of Use. The remainder of these Terms of Use will remain binding on you.
    6. These Terms of Use are the entire agreement between us relating to your use of the Services and Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms of Use.