Terms and conditions of use

1. This website is owned and operated by the members of the International Network of Government Ownership Agencies, collectively referred to as INGOA ("INGOA"). It is administered by the New Zealand member of INGOA, the Crown Company Monitoring Advisory Unit, until 30 June 2008.

2. These website terms and conditions ("Terms") govern the use and access by any user of the INGOA website at www.INGOA.net and any other website owned or operated by INGOA ("Website"). If you access and use the Website you are deemed to have agreed to these Terms.

3. In these Terms, references to "we" "us" and "our" means INGOA, and includes, as the context requires, the individual members of INGOA from time to time together with their employees and agents.

4. Reference to "you" "your" and "yours" shall mean any user who is accessing the site at any time and includes any member who is accessing the site as a user.

5. Reference to "members" means members of INGOA. Members of INGOA are bound by these Terms. A list of the members of INGOA can be found at [insert link].

6. The Website is also governed by INGOA's Privacy Policy and this policy forms part of the Terms.

7. If you wish to apply to register as a member of INGOA you will be required to contact the lead agency.

Purpose

8. The purpose of the Website is to provide information about INGOA and to facilitate the sharing of knowledge and networking between international monitoring agencies. The information on the Website is for general guidance only. It should not be used as a substitute for legal, business or other professional advice. The Website is also intended to provide an opportunity for members to provide information about their organisations and practices relating to the monitoring of government owned entities, and details regarding upcoming events they may be hosting, sponsoring or promoting and which may be of interest to other INGOA members.

Information Posted by INGOA Members

9. We provide members with the chance to publish information about their organisations and their practices relating to the monitoring of government owned entities. We will not, and any member publishing any information agrees it is not our responsibility to, check or validate the terms of any information provided by any member including as to the accuracy, completeness or legal compliance of that information. Any information provided by a member is made available solely by that member and neither INGOA nor any other member is responsible in any way for such information including its accuracy or completeness. Any member publishing information on the Website agrees to ensure that all information posted by them and published on the Website:

• is genuine;
• is not misleading or deceptive;
• complies with all laws;
• does not infringe the intellectual property rights of any person;
• is not defamatory, obscene or otherwise inappropriate; and
• does not adversely affect the goodwill and reputation of INGOA or any other member.

Members acknowledge that any information they publish on the Website may be required to be made available to the public under official information legislation.  Therefore, members should not publish any information on the Website that they wish to keep confidential.

Events and Offers Promoted Through the Website

10. From time to time the Website may include details of events, special offers, seminars or conferences being held or promoted by members or other third parties. Any dealings you have with any such member or third party are solely between you and that third party or member. We are not responsible for the contents of any material, promotion, product, event, seminar or offer made by a member or third party and, to the extent permitted by law, we are not liable for any direct or indirect loss or damage suffered by you or any other party as a result of accessing, using, purchasing or relying on any information or product provided by such members or third parties.

11. You are advised to make your own inquiries and seek appropriate professional advice before relying or acting on any information provided by any member or third party either on the Website or at any event promoted or advertised on the Website.

Ownership of Intellectual Property and Restrictions on Use of Website Material

12. With the exception of any third party trademarks or logos provided to us for inclusion on the Website, we own all intellectual property rights in the text and graphics on the Website and its overall design. You must not use, copy, modify, transmit, store, download, publish or distribute the material on the Website or create any other material using material on the Website without obtaining the prior written consent of INGOA and/or the member that owns that material. Trade marks (whether registered or unregistered) and logos displayed on the Website must not be used or modified in any way without obtaining the prior written consent of INGOA and/or the owner of the trade mark or logo as the case may be.

13. The information contained on the Website (including material published by members, products, technology and processes) may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe our intellectual property or other rights or those of any other person.

14. From time to time you may provide information or material to us for inclusion on the Website. In each case you are responsible for ensuring the accuracy of such material or information and you warrant that you have the necessary rights, consents and licences to use and publish such material or information.

Exclusions and Limitations of Liability

15. To the extent permitted by law, we are not liable to you or anyone else for any loss, damage or expense, however caused, which have been directly or indirectly suffered in connection with the use of the Website and we exclude liability (whether that liability arises in contract, tort (including negligence) or statute) for any direct, special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of or damage to data) suffered or incurred by you or any person in connection with your access to or use of the Website.

16. Without limiting the generality of the foregoing and to the extent permitted by law, we:

(a) make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;

(b) are not liable to you or to anyone else for any errors in the information on the Website including in any third party content provided to us for inclusion on the Website; and

(c) are not liable for any failure or unavailability of the Website for any time period.

17. Without limiting paragraphs 15 and 16 above, and to the extent that our liability is not excluded under those paragraphs or any other paragraph in these Terms, the maximum amount for which we are liable to you under or in connection with these Terms (whether that liability arises in contract, tort (including negligence) or statute) is NZ$100.

Disclaimer Regarding Third Party Sites

18. To the extent permitted by law, we have no responsibility or liability for the content of any third party site linked to the Website and we are not liable to you for any loss incurred by any person accessing, using or relying on any third party website linked to the Website. If you follow a hypertext link to another third party website, you should refer to its terms of use.

Indemnity from Third Party Users

19. Third party users of the Website (excluding members of INGOA) agree to indemnify INGOA and each member at all times against any loss, damage, costs or expense (including consequential loss and damages) suffered or incurred by INGOA and/or that member as a result of any use of the Website by the third party which is unlawful or in breach of these Terms, including INGOA's Privacy Policy.

Your Use of the Website

20. You agree not to use the Website to harass, abuse or defame any person or for any unlawful purposes including unlawful spamming or to promote any political or religious belief.

21. We may change, suspend, restrict or terminate your access to this Website or any part of it for any reason including for any breach of the terms set out in clause 20.

Amendments

22. We may amend these Terms from time to time. We will notify changes by posting the amended Terms on the Website and the changes will be effective from the date and time they are posted. In addition, we may notify you of any material changes to our Privacy Policy. You are responsible for reviewing these Terms and the Privacy Policy and your continued use of this Website after any such amendment constitutes your agreement to the amended Terms and/or amended Privacy Policy.

Governing Law

23. This Website and these Terms are governed by the Laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Access from Outside New Zealand

24. We make no representation that this Website complies with laws (including intellectual property laws) of any country outside New Zealand. If you access this Website from outside New Zealand, you are responsible for ensuring compliance with all laws in the place where you are located.