ArchSite - Conditions of Use

Permission to use data made available through this website is conditional upon you, the licensee, agreeing to the terms set out below in this Agreement.  By clicking ‘I Accept’, you confirm that you have read and accepted these terms.  Acceptance will bind you and all of your employees, subcontractors, and agents, to these terms.

If you do not unconditionally accept the terms, you must not click ‘I Accept’, you must not use the data, and you must return or destroy all copies thereof in your possession or control.

1. Data
   1. These Conditions of Use apply to the spatial and attribute data compiled by the New Zealand Archaeological Association Incorporated (the ‘Licensor’) about archaeological sites as recorded in the New Zealand Archaeological Association ArchSite and displayed on this website (the ‘Data’).  These Conditions of Use shall apply not only to the Data as set out on this website but also where the Data:
      1.  is modified or copied by you; or
      2. becomes part of a compilation or derivative work that is owned by you.
   2. The following features of the Data should be noted:
      1. A grid reference gives the location of a site, but does not delimit its extent.  The location of sites is usually only recorded to within approximately the nearest 100 metres but the accuracy may in some cases be less than this.  A more precise location may be given if a handheld GPS device was used, but all such measurements have a standard error.
      2. The absence of data for any particular area should not be taken to mean that it contains no archaeological sites.  It may mean that no archaeological survey has been carried out, or that sites were obscured at the time the survey was done.  In any given area there may be a number of undiscovered or unrecorded sites.
      3. Some recorded sites may no longer exist.  They may, for example, have been destroyed since they were recorded.
      4. Historical (Post-European contact period) archaeological sites, in particular, are currently under-represented in ArchSite.
      5. Not all sites in ArchSite are archaeological sites in terms of the Historic Places Act 1993.  They may, for example, post-date 1900 or no longer be able, through investigation by archaeological methods, to provide evidence relating to the history of New Zealand.
      6. The formal evaluation of site significance is not a function of ArchSite.
      7. While some archaeological sites may be considered wahi tapu, ArchSite is not specifically concerned with such places.  If information about wahi tapu is required, it should be obtained from the relevant Iwi/hapu.
      8.  Information about burial sites will, in some circumstances, be withheld.
      9. For many purposes, an inspection by a qualified archaeologist will be required.  Information from ArchSite is not a substitute for this inspection.
2. Licence
   1. Subject to your compliance with section 3 (Your obligations), the Licensor grants you a non-exclusive, non-transferable, royalty-free licence to use the Data strictly in accordance with these Conditions of Use for your personal. You may not resupply, display, transmit via the Internet or any other media, or otherwise make available, the Data to any other person without the express written permission of the New Zealand Archaeological Association in each case.
3. Your obligations
   1. You must:
      1. display the following notice on all items (whether in printed or electronic form) that incorporate, or are derived from, the Data:
         This document contains data sourced from the New Zealand Archaeological Association ArchSite.  The New Zealand Archaeological Association Incorporated gives no warranty in relation to the data (including accuracy, reliability, completeness or suitability) and accepts no liability (including, without limitation, liability in negligence) for any loss, damage or costs relating to any use of the data.
      2. reproduce any copyright notices, warnings, or disclaimers relating to the Data.
4. Ownership
   1. You acknowledge and agree that all copyright and other intellectual property rights (together, ‘intellectual property rights’) subsisting in the Data are the property of, and shall remain vested in, the Licensor (or third parties that may have supplied data to the Licensor).  The Licensor does not assign to you any intellectual property rights that may subsist in the Data and grants no rights in relation to the Data other than the licence granted in clause 2.1.
5. Risk
   1. All use and reliance upon the Data is undertaken at your own risk.
6. Warranty, indemnity and liability
   1. No representations or warranties :  While reasonable care has been taken in compiling the Data, the Data is provided ‘as is’ and the Licensor makes no representations or warranties, whether express or implied, of any kind in respect of the currency, accuracy, completeness, usefulness, suitability, or scope of the Data.  The scale, resolution, generalisation, vertical integration specifications, and accuracy tolerances of the Data may be updated by the Licensor from time to time.  The Licensor expressly disclaims all representations or warranties as to the condition, quality, or fitness of the Data for any particular purpose and expressly disclaims any liability to any person arising directly or indirectly from the use of this material or anything done or omitted in reliance of this material or any information contained in it. The Licensor strongly recommends that specialist advice is sought from the NZ Historic Places Trust. You agree to release the Licensor from all liability (whether in contract, tort, equity, or on any other basis) for any errors, omissions, or other inaccuracies in the Data.  All warranties, terms, and conditions that may be implied into contracts by equity, common law, or statute, are expressly excluded from these Conditions of Use to the fullest extent permitted by law.
   2. No reliance:  You acknowledge and agree that, by agreeing to these Conditions of Use, you have not relied on any representations made by the Licensor or any person for whom the Licensor is responsible.  In particular, and without limitation, you have not relied on any descriptions, illustrations or specifications contained in any document (including any catalogues or publicity material produced by the Licensor).
   3. Indemnity :  You agree to indemnify the Licensor and hold the Licensor harmless against all expenses, losses, costs, damages, injuries (including injuries resulting in death), liabilities, demands, and third party claims arising out of or in connection with the use of the Data by you.  Your obligation to indemnify the Licensor under this clause 6.3 shall not prevent the Licensor from exercising any other rights under law.
   4. Limitation of liability:  The Licensor shall not be liable (whether in contract, tort, equity, or on any other basis) for any loss or damage sustained by you or any other person directly or indirectly that arises from any use of the Data or arises from the use of any item that incorporates or is derived from the Data (even if the Licensor has been advised of the possibility of such loss or damage).  Such loss or damage includes, without limitation, damage to property, injury to persons (including injuries resulting in death), loss of profits, business interruption, and loss or corruption of data as well as any indirect, special, incidental, or consequential damages that may arise from any use of the Data (or of items that incorporate, or are derived from, the Data).Where any exclusion or limitation of the Licensor’s liability set out in these Conditions of Use is not applicable or is held to be unenforceable, the Licensor’s aggregate liability for loss or damage (whether in contract, tort, equity, or on any other basis) arising out of or in connection with this Agreement, or arising out of or in connection with any use of the Data (or of items that incorporate, or are derived from, the Data) shall be limited to the amount paid by you to the Licensor for the Data that gave rise to that loss or damage.
7. Your account
   1. We will create an account for you (including a username and password) to verify your identity when you use the website.  Your username and password are personal to you.  You must at all times maintain the confidentiality of your username and password and must not disclose them to any third party.  You acknowledge and agree that you are solely responsible for any use of our website by any person using your username and password and you agree to indemnify us against all claims arising from your failure to maintain the confidentiality of your username or password.
   2. If you breach any of these Conditions of Use, or we consider that your account has been used for any fraudulent or unlawful activity, we reserve the right to immediately suspend or terminate your account.
8. Termination of access
   1. Your access to this website shall be terminated immediately and without notice if you commit or permit any breach of these Conditions of Use.
   2. Upon termination of access to the website under these Conditions of Use for any reason:
      1. the licence granted to you under section 2 (Licence) shall immediately cease;
      2. you must not use any Data acquired under that licence; and
      3. you must, at the request of the Licensor, return or destroy all copies of the Data held in electronic media or other documents and certify that you have done so.
9. General
   1. Interpretation:  For the purposes of these Conditions of Use, unless the context otherwise requires:
      1. references to a party include the successors and permitted assigns of that party;
      2. references to the Licensor shall also be references to any duly authorised agent or subcontractor of the Licensor;
      3. references to clauses are references to clauses of these Conditions of Use;
      4. references to the singular include the plural and vice versa;
      5. headings are inserted for convenience only and do not affect the interpretation of these Conditions of Use;
      6. references to ‘written’ and ‘in writing’ include any means of permanent visible representation;
      7. references to a ‘person’ include any individual, company, corporation, firm, partnership, joint venture, association, trust, in each case whether or not having separate legal personality;
      8. references to a statute or regulations are references to that statute or those regulations as they may be amended or replaced from time to time.