The Amotai website, learning and platform, (collectively the “Platform”) is owned by Auckland Council. Where the context requires, references to “Amotai”, “we”, “us” or “our” mean Auckland Council.
The information on this Platform is provided with the objective of promoting and embedding supplier diversity within the New Zealand corporate and government landscape. Should you wish to become a Registered Buyer or Supplier, please contact Amotai or follow the registration process on this Platform. Membership will enable you to interact with other Registered Suppliers as part of your organisation’s procurement process.
The Amotai Platform is an accessible by members only directory of Registered Buyers or Suppliers. You can access the directory through the login page of the Amotai Platform.
Amotai recognize Māori and Pasifika ownership as the following:
For the purpose of defining Māori and Pasifika ancestry, the following criteria are utilised:
Unless otherwise indicated, we own or license from third parties (including our Registered Buyers, or Suppliers and related service providers) all right, title and interest (including Intellectual Property rights) in the Platform and the Content on or related to the Platform. Copying or alteration of our Platform is strictly prohibited.
No right, title or interest is granted to you in respect of any Intellectual Property rights in relation to our Platform, save those users that are Registered Buyers or Suppliers. Any such rights that may be granted to those Registered Buyers or Suppliers are set out in the applicable Registered Buyers, or Suppliers Terms & Conditions.
You must not, nor attempt to, nor purport to authorise others to, copy, reproduce, publish, communicate to the public, modify, distribute, sell or lease any part of the Platform, the Content, our products or services or included software, nor may you reverse engineer or attempt to extract the source code of that software. You will not remove, obscure or alter Amotai copyright notices, logos or other proprietary rights notices affixed to or contained within the Platform, the Content, or any Amotai services, software or documentation.
The Platform may incorporate CIP which belongs to Māori or Pasifika traditional owners or custodians of that CIP. You agree that ownership of any such CIP will remain at all times with the traditional owners or custodians of that CIP.
In any access or use of the Platform, you agree to:
You must not do or attempt to do any act that we would deem to be inappropriate, culturally insensitive, unlawful or prohibited by any laws applicable to our Platform, including without limitation:
If we allow you to post or upload any information, comments or otherwise to the Platform, we have the right to take down this information at our sole discretion and without notice.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Intellectual Property in the Data, including rights to:
You must not post or upload any Data that:
By posting or uploading Data to the Platform, you warrant that:
We have not reviewed and cannot review all Data posted or uploaded to the Platform and we are not responsible for any liability in relation to your Data.
We may, at our sole discretion, pre-screen, reject or remove any Data from our Platform for any reason.
We may collect personal information about you:
We may disclose that information to third parties that help us deliver the Platform and our products and services (including Registered Buyers or Suppliers, information technology suppliers and our related service providers) or as required by law.
The information contained on our Platform is provided in good faith. The Content on our Platform is sourced from either publicly available information or has been provided by you as a Registered Buyer or Supplier with the understanding and agreement that the information will become public information immediately on posting or upload to our Platform and as such DOES NOT attract any rights of confidentiality. If you do not wish the information to be publicly available, please DO NOT upload the information.
The Platform may incorporate, link or make available Third Party Material. Third Party Material is provided for convenience and may not remain current or be maintained.
We are not responsible for, do not endorse or make any representations about, nor do we evaluate or examine Third Party Material, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise. You access and use Third Party Material entirely at your own risk and Amotai accepts no responsibility or liability for Third Party Material.
We may remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners of Third Party Material may do the same.
AMOTAI EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN OUR PLATFORM OR THE CONTENT CONTAINED ON OUR PLATFORM.
The Platform and Content is provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to your use or reliance on it. Neither the Platform or any Content on it is comprehensive and is only intended to provide a summary of the subject matter covered.
While we use all reasonable attempts to ensure the accuracy and completeness of the Platform and any Content, to the extent permitted by law, including the New Zealand Consumer Guarantees Act 1993, we make no warranty regarding the Platform or any Content, and disclaim all responsibility, that:
We are not liable to you or anyone else if errors, interference or damage to your computer systems occurs in connection with your access or use of the Platform, any Content or Third Party Material. You must take your own precautions to ensure that whatever you select, access or use on or from the Platform is free of any Malicious Computer Program.
You acknowledge and agree that:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMOTAI (INCLUDING ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS) DISCLAIMS ALL LIABILITY TO YOU AND EVERYONE ELSE IN RESPECT OF THE PLATFORM, CONTENT ON THE PLATFORM AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT, WHETHER UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF USE ARISING OUT OF, OR IN CONNECTION WITH THE PLATFORM, CONTENT ON IT OR PRODUCTS AND SERVICES PROVIDED THROUGH IT, EVEN IF AMOTAI WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent permitted by law, you agree to indemnify and hold us, our affiliates, third-party suppliers, licensors, related service providers and any officer, director, shareholder, employee, sub-contractor, agent, body corporate or successor, harmless from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (actual, special or consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, incurred, suffered, due to or arising out of or in connection with:
We reserve the right to rescind, suspend or terminate your access and use of the Platform at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You can contact us via the Amotai website (Amotai.nz) or contact email@example.com
‘Content’ means all forms and formats of content, data, information and material contained, incorporated, connected to or made available in relation to the Platform (including from our Registered Buyers or Suppliers, affiliates, related service providers and other third-parties), including without limitation:
‘Cultural and Intellectual Property (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 (IP)’ means copyright, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how, confidential information, all rights under any legislation relating to the protection of computer programs, circuit layouts and all other intellectual property as defined by Article 2 of the ‘Convention Establishing the World Intellectual Property Organisation’ dated July 1967.
‘Malicious Computer Program’ means files that consist of a malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to the Platform, the Content, our property or the property of other individuals or organisations.
‘Maori’ means people with Māori whakapapa and who identify as Māori.
‘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 and may also include the Amotai retail website with the URL address of www.amotai.nz
‘Registered Buyer’ means an organisation or entity that is a current approved member of Amotai, who contracts the Registered Supplier either directly or indirectly. This applies to situations where a business is sub-contracted to a main contractor.
‘Registered Supplier’ means a current approved Māori and Pasifika business of Amotai, meeting registration criteria.
‘Third Party Material’ means Content, data, information, applications, services, websites, platforms and materials from, incorporating, linked or connected to third parties (included our Registered Buyers or Suppliers, and related service providers).
‘Website’ means the Amotai retail website with the URL address of www.amotai.nz and may also include the Amotai platform with the URL address of www.platform.amotai.nz