The following Registered Suppliers Terms and Conditions (‘Terms and Conditions’) always apply to all Registered Suppliers on application and during the period you remain a Registered Supplier to Amotai.
Please take the time to read and understand these Terms and Conditions.
By applying for registration or renewal of registration, the Registered Supplier agrees to be bound by these Terms and Condition, as amended by Amotai from time to time.
Registered Suppliers will receive a Registered Supplier certificate and Registered Supplier logo that they may use to promote their business as an Amotai Registered Supplier, subject to these Terms and Conditions.
Subject to clause 3, Amotai grants the Registered Supplier a revocable, non-transferable, non-sub licensable, non-exclusive, worldwide license to use the registered logo for the sole purpose to promote the business of the Registered Supplier as an Amotai Registered Supplier.
Without limiting any other rights or remedies available to Amotai, any breach of the license granted in clause 2(b) by the Registered Supplier may result in termination of the Registered Suppliers certification.
Registered Suppliers may use the registered logo for the following purposes:
Registered Suppliers must not use the registered logo for any other purpose other than those listed within this clause 3 unless prior written consent has been granted by Amotai in writing.
The registered logo may not be edited, cropped, modified or changed in any way without the prior written consent of Amotai.
Registeed Suppliers are not permitted to pass, transfer or issue the registered logo to a third party to use. Third parties wishing to use the registered logo (or any other Amotai logo) must contact Amotai directly for permission.
Registered Suppliers acknowledge and agree that Amotai owns all right, title and interest (including Intellectual Property Rights) in and to the registered logo and only Amotai may authorise licensing for use of the registered logo. No right, title or interest in the registered logo is granted or transferred to the Registered Supplier otherwise than as granted pursuant to these Terms and Conditions.
If a Registered Supplier is or becomes aware of any unauthorised use of the registered logo, including the use of a similar mark, the Registered Supplier must immediately bring this use to the attention of Amotai. Amotai reserves all rights to take any action it deems appropriate to protect and enforce its right, title and interest in and to the registered logo.
No Registered Supplier may commence any infringement or other legal action in connection with the use of the registered logo or similar mark by a third party without the prior written consent of Amotai
Registered Suppliers consent to Amotai, at any time, undertaking an audit of the Registered Supplier’s use of the registered logo. You will within fourteen (14) days of receiving a request from Amotai provide all information relating to the Registered Supplier’s use of the registered logo including, but not limited to, where and how the registered logo is being used by the Registered Supplier and any other information reasonably required by Amotai to complete the audit.
Pursuant to clause 1(b), when registering and attending any Corporate Event, the Registered Supplier agrees to comply with the Amotai Events Terms and Conditions.
The Website and the Content on the Website is protected by all intellectual property rights laws. The Website and all Content on the Website is owned by or licensed to Amotai and Amotai reserves all intellectual property rights in the Website and the Content.
The Website or Content on the Website may contain Māori and Pasifika Cultural and Intellectual Property (CIP) which belongs to the relevant Māori and Pasifika language owners, custodians, creators and their descendants. In any use of the Website or the Content, the Registered Supplier agrees to abide by any cultural or CIP policy or procedure of Amotai, as amended from time to time, and respect the CIP and the rights of traditional owners or custodians of that CIP.
The Registered Supplier may only use the Website and the Content on the Website for lawful purposes and in a manner consistent with the nature and purpose of registration or certification. The Registered Supplier must not use the Website to exchange Content or other information between members, Registered Suppliers or other third parties in an offensive or unlawful manner, or to send or distribute any messages, materials or Content that may be considered offensive or unlawful.
Amotai takes a zero-tolerance approach to the sending of unsolicited commercial electronic communication, email or SMS, or any other form of SPAM by Registered Suppliers via or in connection with the Website.
You agree not to disclose any Amotai Confidential Information without Amotai’s prior written consent.
You acknowledge and agree that the Member may collect, store, disclose and use all data which may be disclosed by a Member to Amotai and you acknowledge and agree that Amotai may collect, store, disclose, manipulate or use any or all data as part of the Aggregate Data for any purpose in Amotai’s absolute discretion, including to improve and support its goods and services, and to create and distribute reports regarding use of such goods and services.
Amotai from on or around 3rd September 2020 will provide the service ‘Amotai Platform’ or similar to Members. As an approved Registered Supplier, you consent to the listing of your business/company being available to members including:
Company information (including business name, trading name, Website, company number, business activity/sectors/categories, company description, business location, business contact details (including name, phone number, email address, photo), company logo, insurances, health and safety qualifications, number of employees (Māori and Pasifikaand non-Māori and Pasifika ), geographic reach and previous experience); and
Ownership information (including % Māori and Pasifika ownership).
To the maximum extent permitted by law, Amotai will not be liable under any circumstances (whether in contract, tort including negligence, statute or otherwise) for any loss, damage, claim, demand or expense of any kind incurred by the Registered Supplier or a third party in relation to unauthorised access, misuse, corruption or loss of any Content or any other information exchanged over the Amotai Website.
The Registered Supplier agrees to indemnify, defend and hold harmless Amotai and its licensors, suppliers, and our and their subsidiaries, affiliates, related entities, officers, directors, shareholders, agents, co-branders or other partners, employees, successors and assignees from any and all liability, cost, expense, loss, claim or demand, including reasonable legal costs, incurred by Amotai due to or arising from Content or any other information exchanged in any way whatsoever between the Registered Supplier and a third party (including another Registered Supplier or Member).
Amotai accepts no liability or responsibility to any third party in connection with our services. The Registered Supplier agrees to reimburse Amotai for any liability (including reasonable legal costs) Amotai incurs in connection with any claim by a third party arising from the Registered Supplier’s breach of these Terms and Conditions.
Amotai will not in any event be liable to the Registered Supplier for any indirect, economic, incidental, special or consequential loss including, without limitation, loss of profits or use or goodwill or antCIPated savings or revenue or contracts, whether or not Amotai has been advised of the possibility of such loss.
Subject to clauses 7(a) – 7(d), to the extent permitted by law, Amotai’s liability to the Registered Supplier for any loss or damage in contract, tort or otherwise will be limited to recovery of direct damages not exceeding NZD $5,000.
Amotai’s liability for any loss or damage sustained by the Registered Supplier will be reduced proportionately to the extent that such loss or damage has been caused by the Registered Supplier’s failure to comply with its obligations and responsibilities under these Terms and Conditions and/or to the extent that the negligence or other wrongful act or omission of the Registered Supplier has contributed to such loss or damage, regardless of whether a claim is made by the Registered Supplier for breach of contract or for negligence or under an indemnity.
Amotai, in its sole discretion, may restrict, suspend or terminate the Registered Supplier’s registration or certification, respectively, if the Registered Supplier fundamentally breaches these Terms and Conditions, the Amotai Member and Registered Supplier Code of Conduct, or ceases to operate, and Amotai has carried out the investigation process set out in clause 8(c) of these Terms and Conditions. Whilst such investigation process is underway, Amotai may, in its sole discretion, restrict or suspend the Registered Supplier’s registration or certification.
The following acts amount to a fundamental breach of these Terms and Conditions:
In the event of a fundamental breach under this clause 8, or in the event that Amotai suspects there to have been a fundamental breach under this clause 8, Amotai:
Upon termination, all rights granted to the Registered Supplier under these Terms and Conditions will revert to Amotai and the Registered Supplier must:
Confirmation of Māori and/or Pasifika status of Māori and Pasifikabusiness owners (in the percentage required) must be provided to Amotai before any Māori and Pasifikabusiness is Registered. To evidence this status, a business must provide Amotai with confirmation that the individual(‘s) having the beneficial ownership of the prospective Registered Supplier meet the following criteria:
By completing the Amotai registered supplier process, the individual confirms that the owner(‘s) with the beneficial ownership of the prospective Registered Supplier meet the following definitions of:
To become a Registered Supplier, a business must:
This Agreement constitutes the entire agreement, understanding and arrangement (express and implied) between the Registered Supplier and Amotai relating to the subject matter of this agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
If any provision of these Terms and Conditions is held by a court of law to be invalid or unenforceable under any applicable statute or rule of law, such provision shall cease to apply or to bind the parties but the remainder of these Terms and Conditions shall continue to be binding and in full force and effect.
The laws in force in New Zealand apply to these Terms and Conditions and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
In these Terms and Conditions, unless the contrary intention appears:
‘Amotai’ ‘our’ or ‘we’ means, where the context requires, Auckland Council.
‘Aggregate Data’ means any statistical data, analytics, trends or other aggregated or de-identified data derived from your Confidential Information, or any other information, which has been supplied to Amotai or a Member in the course of your engagement with Amotai or a Member including a related company or other related entity of either Amotai or a Member.
‘Confidential Information’ means information that is by its nature confidential or by the circumstances in which it is disclosed is confidential including but not limited to any information, trade secrets, technical data or know how relating to the research or development, products, services, inventions, manufacturing processes, production techniques, purchasing, accounting, marketing, merchandising and sales of Amotai, but excludes the registered logo where a licence for use is expressly granted under these Terms and Conditions.
‘Content’ means any and all information, material, Content, products and/or services available on or through the Website including, but not limited to text, graphics, logos, software, documents, reports, papers, articles, brochures, newsletters, comments, courses, workshops, seminars, webinars, videos, audio, images and Māori and PasifikaCultural and Intellectual Property such as Māori and Pasifikalanguages and cultural heritage.
‘Corporate Event’ means an event organised and promoted by Amotai which the Registered Supplier may register to attend including but not limited to, conferences, tradeshows, and awards.
‘Cultural and Intellectual Property’ or ‘CIP’ means Māori and Pasifika peoples’ rights to their heritage. Heritage comprises all objects, platforms and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Māori or Pasifika group or its territory.
‘Intellectual Property Rights’ means any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), trade marks, designs, circuit layouts, databases, business and company names, domain names, trade secrets, know-how or Confidential Information, whether registered or unregistered.
‘Māori’ means people with Māori whakapapa and who identify as Māori.
‘Member’ means an organisation or other entity that is a current approved member of Amotai that seeks to purchase products and/or services from Māori and Pasifikabusinesses.
‘Pasifika’ means people descended from the indigenous Pacific ethnic groups of Samoa, Cook Islands, Tonga, Niue, Fiji, Tokelau, Tuvalu, Kiribati, Papua New Guinea, Vanuatu, Solomon Islands and the small island states of Micronesia.
‘Platform’ means the Amotai platform with the URL address of www.platform.amotai.nz
‘Registered Supplier’ or ‘Registered’ or ‘you’ means a current approved Māori and/or Pasifika business and registered supplier of Amotai meeting registration criteria.
‘Terms and Conditions’ means these Registered Supplier Terms and Conditions, as amended from time to time.
‘Website’ means the Amotai retail Website with the URL address of www.amotai.nz and may where the context provides also include the Amotai platform with the URL address of www.platform.amotai.nz