Welcome to the Amotai website (www.amotai.nz), learning (https://amotai.thinkific.com/courses/) and platform (www.platform.amotai.nz)

PLEASE ENSURE THAT YOU READ THESE AMOTAI TERMS OF USE (“TERMS OF USE”) CAREFULLY AS THEY CONTROL THE WAY YOU MAY USE THE AMOTAI WEBSITE, LEARNING AND PLATFORM.

Certain terminology in these Terms of Use start with capital letters. Unless the context provides otherwise, those words have the meaning given to them in the ‘Definitions’ or in the body of these Terms of Use.

Acceptance of these Terms of Use

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.

These Terms of Use, which incorporate our Privacy Policy and any other policies, procedures, guidelines or codes referred to herein, and any other terms of service which apply to any services or devices that you use to access and use our Platform, govern your access and use of the Platform.

By accessing and/or using the Platform, you are agreeing to be bound by these Terms of Use and that you have had sufficient opportunity to read and understand them.

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.

Access and/or use of the Platform is entirely at your own risk. You must only use the Platform in accordance with these Terms of Use and any applicable law. You should immediately cease using the Platform if you do not agree to these Terms of Use.
Amotai may modify these Terms of Use at any time. The modified Terms of Use will apply from the date they are published on the Platform. We recommend you bookmark this page and revisit regularly.

Amotai Platform

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:

• Partnerships: at least 50% of each class of partnership interest is owned by Māori and/or Pasifika person(s) and such ownership must be reflected in the partnership agreement; or
• Corporations/companies: Māori and/or Pasifika person(s) own at least 50% of each class of ordinary voting shares issued and at least 50% of each class of all other shares issued; or
• Trusts: at least 50% of owner(s) of securities or assets held in trust are Māori and/or Pasifika person(s); or
• Sole proprietorship/trader: 100% ownership by a Māori and/or Pasifika person.

For the purpose of defining Māori and Pasifika ancestry, the following criteria are utilised:

• Māori are defined as people with Māori whakapapa (verifiable genealogical lineage).
• As defined by Statistics New Zealand, Pacific peoples are people who whakapapa to, and identify as, descendants of 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.
• Statistics New Zealand recognises people with Indigenous Fijian ancestry as being Pacific peoples, however this does not include people of Indo-Fijian descent.
• Amotai also recognises people who whakapapa to Hawai’i and Tahiti as Pacific peoples.
• The Platform is a one-stop-shop for anyone looking to buy from Māori and Pasifika businesses.
• Eligible businesses can register directly on the Platform and login to update their business profile and contact details.

Intellectual Property:

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.

We do grant you the non-exclusive, limited, terminable, personal, non-transferable and un-sub-licensable right to access and use the Platform in accordance with these Terms of Use and, where applicable, as expressly authorised by us and/or our licensors. All rights not expressly granted to you under these Terms of Use are reserved.

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.

Cultural and Intellectual Property:

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:

• Respect the CIP rights of the traditional owners or custodians of that CIP, and comply with any relevant cultural protocols of Amotai;
• Ensure that traditional owners or custodians continue to be acknowledged as owners of any CIP incorporated in the Platform;
• Not use the CIP for any purpose without the prior written consent of the traditional owners or custodians of that CIP.

Unacceptable activity:

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:

• Accessing or using, or allowing any other person, group or organisation to access or use our Platform which you are not permitted to access or use;
• Accessing or using the Platform outside the scope of any permission or licence granted to you by these Terms of Use;
• Infringing any other third-party rights;
• Providing false or misleading information to us, or our personnel, agents, contractors, suppliers or related service providers;
• Compromising or disclosing sensitive data or confidential information (including CIP);
• Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• Using the Platform to defame or libel us, our personnel, agents, contractors, suppliers, related service providers or other individuals;
• Inhibiting or interfering with another users’ enjoyment and use of the Platform;
• Linking to the Platform in a way that damages or takes advantage of our reputation, including in a way to support or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none, or in a way that is illegal or unfair;
• Causing us to breach any law, lore, regulation, rule, code or other legal or cultural obligation;
• Uploading or depositing files to the Platform that consist of Malicious Computer Program;
• Interfering with or circumventing any security-related or other features of the Platform, or tampering, hacking or in some other way disrupting any computer system, service, network, router or other device used to host the Platform or make the Platform available;
• Using data mining, robots, screen scraping or similar data gathering and extraction tools on or in relation to the Platform;
• Posting or transmitting non-authorised material to the Platform, or otherwise behaving in a manner, that is or could reasonably be considered, in our opinion, likely to cause annoyance, or which is defamatory, racist, culturally insensitive, obscene, threatening, pornographic, threatening, abusive, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise or which is detrimental to or in violation of our systems or a third-party’s systems or network security.

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.

Data upload policy:

You may be entitled to post or upload information, business and contact details, comments, images, logos, writing or other material to the Platform (collectively “Data”) subject to these Terms of Use.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Intellectual Property in the Data, including rights to:

• incorporate in the Platform or any other Content;
• copy, publish, communicate to the public, modify, edit, adapt or translate;
• publicly perform or present;
• distribute, sell, lease or otherwise use for any purpose including for commercial or advertising purposes.

You must not post or upload any Data that:

• is unlawful or promote illegal behaviour;
• is harmful, threatening, abusive or harassing;
• incites violence or is graphical of violence;
• is pornographic or exploit people in a sexual manner;
• is defamatory or libellous;
• relates to gambling or alcohol or drug use;
• promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
• is inaccurate, false, misleading or fraudulent;
• consists of any Malicious Computer Program;
• impersonates any person or entity or falsely misrepresents your affiliation with a person or entity;
• infringes or violates another’s rights including Intellectual Property rights;
• invades another’s privacy;
• includes photographs or images of another person or another person’s property without their consent;
• reveals anyone’s identification documents or sensitive financial information;
• is posted to disrupt the operation of the Platform and/or its related services.

By posting or uploading Data to the Platform, you warrant that:

• you have the right and authority to provide the Data in the manner posted or uploaded;
• you own the Data and have the right to grant the rights above to Amotai;
• the Data is not prohibited content as outlined above.

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.

Collection Notice:

We may collect personal information about you:

• to provide you with access and use of the Platform;
• to respond to your enquiries and feedback;
• to provide you with details of our products and services, events, activities and related resources and information;
• when you post or upload information to the Platform;
• to process Registered Buyers or Suppliers applications;
• to maintain Registered Buyers or Suppliers registers, including on the Business Directory;
• to supply Registered Supplier information to Registered Buyers and other Registered Suppliers on the Platform;
• to supply Registered Buyer information to Registered Suppliers and on the Platform;
• for purposes otherwise set out in our Privacy Policy.

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.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information, and (iii) how we will handle any complaint.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms of Use. If you do not provide this information, we may not be able to provide all our products and services to you.

Subject to our Privacy Policy, if we do not disclose your personal information in doing so, we can collect, copy, communicate, adapt and exploit data from your use of the Platform and associated devices, systems, software and peripherals, to improve the delivery of our products and services to you.

Please contact us if you would like any further information about our Privacy Policy.

Confidentiality and Privacy:

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.

As a user of our Platform you agree and at all times will comply with the terms of the Privacy Policy.

Third Party Material

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.

Limitation of Liability:

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:

• the Platform or any Content will be complete, accurate or up-to-date;
• the Platform or any Content is of a merchantable quality or fit for a particular purpose;
• access to the Platform or any Content will be uninterrupted or error-free or free from any Malicious Computer Program; or
• the Platform or any Content will be secure.

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:

• we retain complete control over the Platform and any Content, and may alter, amend or cease the operation of the Platform or any Content, or remove, modify or add to the Platform or any Content, at any time without notice in our sole discretion;
• the Platform may not operate on a continuous basis and may be unavailable from time to time (including for maintenance or upgrade purposes).

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.

Nothing contained in these Terms of Use excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.

Indemnity:

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:

• your use of the Platform or any Content on the Platform;
• your breach of these Terms of Use; or
• your breach of any law or the rights of a third party in connection with your access or use of the Platform or Content on the Platform.

Termination:

These Terms of Use automatically terminate if:

• we cease to operate the Platform;
• you do not comply with these Terms of Use.

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.

Upon termination of these Terms of Use, you must immediately cease using the Platform.

Contact Us:

You can contact us via the Amotai website (Amotai.nz) or contact kiaora@amotai.nz

Definitions:

The following definitions apply to these Terms of Use:

‘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:

1. text, contact details, documents, reports, papers, articles, comments;
2. graphics, images, logos and photographs;
3. sound files and music;
4. other recordings, including video and live feed;
5. software or code;
6. Cultural and Intellectual Property (CIP);
7. Platforms, social media, applications;
8. links, posts, advertising, communications;
9. other products or services.

‘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