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Terms and Conditions

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New Property Development portal terms and conditions

1. Introduction

2. Orders

  • 2.1 - If you disagree with any of these terms, you should not place an order or a service request ("Orders") using the Portal. By accessing and using this Portal you agree to be bound to these terms and conditions. 
  • 2.2 - The New Property Development Contract ("NPD Contract") will apply to all Orders which you make via this Portal. Any accepted Orders will be treated as an Order under the terms of the NPD Contract. In the event of conflict between these Portal terms and the NPD Contract, the NPD Contract will prevail.
  • 2.3 - Chorus does not warrant that the information provided is error-free and may change, delete, add to or otherwise amend information on the Portal.

3. Use of the site, updates and termination

  • 3.1 - You are prohibited from using this Portal for any unlawful purpose. 
  • 3.2 - Chorus may suspend or terminate your access to the Portal at any time for any reason.
  • 3.3 - You are responsible for keeping your login information, including your password (“Login”), secret and secure. You are responsible for all Orders that occur under your Login as a result of your failing to keep your Login information secure. You agree you will not permit any other person to use your Login or disclose, or provide to any other person, your password, or any other information, that may allow them to gain access to the Portal.
  • 3.4 - Where you allow your Login to be used within your organisation to place Orders or to vary or otherwise take action in relation to those Orders, you represent that the person doing so has authority to act on your behalf, and Chorus shall be entitled to rely on that representation.
  • 3.5 - Where you have people working on Orders within or outside your organisation on your behalf (i.e. by being listed contacts on an Order), they will remain authorised until you remove them from that Order.  You are solely responsible for adding or removing contacts from your Orders as your employees or contractors change.
  • 3.6 - When you use the message functionality within the Portal, your message history, including anything you include in communications to Chorus will be visible by anyone that has been given access to your Order by you or any of your listed contacts.  You will ensure that you are authorised to provide any information you submit into the message function and in doing so that you are compliant with confidentiality and privacy obligations.
  • 3.7 - Chorus may update the terms and conditions for use of the Portal at any time. We will give you advanced written notice if we make any major updates, but otherwise please check back at these NPD Portal Terms regularly.

4. Liability

  • 4.1 - While Chorus has endeavoured to supply accurate information on this Portal, your use of this Portal is at your own risk and Chorus, its officers, employees, advisors and agents do not warrant its accuracy, adequacy, currency or completeness, or that it is suitable for any use other than as provided for in clauses 1 and 2. The Portal, content and materials are provided on an “as is” and “as available” basis for the limited purpose of facilitating Orders under Chorus’ NPD Contract. Under no circumstances, shall Chorus be liable for your reliance on any such information other than for this limited purpose and Chorus shall not be liable for any loss of profit or revenue or any special, consequential, indirect or punitive loss or damages that result from your use of, or inability to use, this Portal.
  • 4.2 - Chorus will use its reasonable endeavours to ensure the availability and security of the Portal, subject to any downtime required for maintenance and any unplanned outages (e.g. in the event of a denial of service attack). However, the Portal is provided by a third party and Chorus takes no responsibility for any Portal unavailability, or for any loss that is incurred as a result of the Portal or any services contained on the Portal being unavailable. You agree to make any necessary copies and back-ups of information you submit in the Portal and Chorus assumes no responsibility for the loss or corruption of any data or information held by Chorus where you have failed to take reasonable steps to make a copy or back it up. 
  • 4.3 - Nothing in clause 4.1 or 4.2 above is intended to exclude or limit any liability of Chorus which by law cannot be excluded or limited. 
  • 4.4 - Subject to clauses 4.1, 4.2 and 4.3 above, Chorus’ entire liability under these NPD Portal Terms whether in contract, tort or any other cause of action will not exceed $5,000 NZD. 

5. Jurisdiction

  • 5.1 - Your use of this Portal is governed by New Zealand law.

6. Communications

  • 6.1 - Chorus may send you emails relating to your activities on the Portal and for promotional and marketing purposes.