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Pītau Portal T&Cs

Background

The Pītau Portal is a secure online system that allows users to submit information to the Ministry of Business, Innovation and Employment (MBIE) online.

Terms and conditions

You acknowledge that you have read and understood these terms and conditions of use and agree to be bound by them. These terms and conditions apply only to access to the Portal and do not waive or alter your existing obligations to MBIE in any way. MBIE may amend these terms and conditions from time to time and publish the amended terms and conditions on the Portal site. Your continued use of the Portal after any such amendments constitutes your consent to those amendments.

The way that MBIE uses and shares your personal information is explained in MBIE’s Privacy Statement.

Use of Portal

The Portal is the way in which you supply information to MBIE for submitting funding applications, managing contracts, and assessing funding applications. You agree to use for the Portal only for this purpose. Any misuse of the Portal may cause MBIE to restrict or withdraw your access.

You agree that you will not use or permit the use of the Portal in whole or in part for any purpose other than as strictly intended to carry out your business with MBIE.

You agree to follow the Portal instructions supplied to you by MBIE. You agree not to permit the use of the Portal (or information supplied about the Portal) for any illegal or improper purpose.

The Portal will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons and is provided on an "as is" and "as available" basis.

Unauthorised

You agree not to distribute or disclose your username or password to any other person. You agree to take all reasonable steps to ensure that your username and password is kept safe.

Except as otherwise provided in this agreement, MBIE is entitled to treat any information submitted using your username and password as being made by you or on behalf of you and you accept liability for losses incurred by MBIE as a result of unauthorised use of your username and/or password by any person.

If you have complied with these terms and conditions and inform MBIE immediately on becoming aware that your username and/or password is or may be known by any other person or that any person may have gained unauthorised access to the Portal you will not be held responsible for any unauthorised access that may occur after you inform MBIE, unless you have acted fraudulently or negligently.

You are liable for any losses incurred by MBIE as a result of you acting fraudulently, either alone or with any other person or organisation.

Withdrawal of access to the portal

MBIE may withdraw your access to the Portal at any time. MBIE will give you reasonable notice of the withdrawal of access but may suspend or withdraw access to the Portal without prior notice if:

  • You have breached these Terms; or
  • MBIE considers it has reasonable grounds to do so.

If access to the Portal is withdrawn for any reason, you must destroy any copies of information or documents that describe or allow access to the Portal.

Indemnity

You agree to indemnify MBIE and hold MBIE harmless for any loss or damage suffered by MBIE, or any other party as a result of,

  • A breach by you of these Terms; or
  • Your use of the Portal or the results of your use of the Portal; or
  • Failure to keep your account login details secure.

Disclosure of information

MBIE agrees to take all reasonable steps to ensure that the information which you submit using the Portal is disclosed only to properly authorised persons or as required by law.

MBIE is required to release information which it holds in response to requests made under the Official Information Act 1982, unless good reason exists to withhold such information.

If you wish MBIE to withhold any information which has been supplied, you should mark the information "Confidential". Where the Portal permits you to flag or mark information as "Confidential". Where the Portal does not have such a facility, you should notify MBIE in writing as soon as possible, identifying the information and giving reasons.

Limitation of liability

MBIE will not in any circumstances be liable to you, in contract, tort (including negligence) or otherwise for any loss or damage of any kind arising from or in connection with your use of, or inability to use, the Portal, or any breach of these terms and conditions.

If for any reason MBIE cannot rely on the above exclusion of liability, MBIE’s liability to you, or any other person bound by these terms and conditions, for any loss or damage associated with your use of the Portal in compliance with these terms and conditions will be limited to $100, and in no event will MBIE be liable to you, for any loss of profit, savings, goodwill or business opportunity or for any indirect or consequential loss resulting from that loss or damage.

General

If MBIE exercises or fails to exercise any right or remedy available to it under these terms and conditions, this shall not prejudice its rights in exercising that or any other right or remedy at any future time.

If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

Any and all dealings and use of the Portal are governed by and shall be construed in accordance with New Zealand law. You unconditionally and irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these terms and conditions.