Terms & conditions

To use certain features of the platform, you must register for an account at which point you must agree to the Te Mātāwai Community Hub terms and conditions, including to be a fair and respectful user.  Sections 2, 3 and 4 below outline what Kāinga Ora means by that.

For the timebank features, you will have to meet additional requirements, e.g face to face meeting with the platform coordinator or / and provide references or ID. 

Your commitments

• You must be 16 years of age or older to register for an account.
• You must comply with our Acceptable Use Policy and Content Standards.
• You must comply with the latest terms and conditions.
• You understand that this platform is made available to you free of charge.
• You understand that the content on this platform is provided for general information purposes only and is not intended to be advice (of any nature) on which you should rely.
• You understand that you can hide or choose not to disclose any information on the platform that you do not wish to share.
• You understand that you can stop using this platform at any time.

Promises to you

• We will only collect personal information that is relevant to your use of this community platform.
• We will never sell your data to third parties.
• We promise to tell you why we need your personal data when we ask for it.
• We promise to protect your data and store it safely.
• We promise to respect your wishes and rights regarding our storage of your data.

Commitments to you

• Made Open and Kāinga Ora will aim to ensure content is up-to-date, free from errors and omissions.
• We aim to give you reasonable notice of any major changes.
• We aim to support any internet connected device running on the latest two versions of Chrome, Edge, Firefox or Safari.
• We aim to support Internet Explorer 11 but we cannot guarantee best experience.
• Kāinga Ora will endeavour to support any queries in connection with this platform.
• Kāinga Ora will ask for your consent to share your information with Made Open if required to fix the problem.
• We will give you reasonable notice of any major changes and what this means for you as a member.
• Kainga Ora and Made Open reserves the right to refuse inappropriate listings, content and membership at any time. Mātāwai
• If you discover that your information has been included on this platform without your permission, we will aim to take it down as soon as you have notified the Platform Admin.
• Your details will be anonymised where possible. 

For further information on how your data is used and stored, please refer to Te Mātāwai Community Hub privacy policy.

Whenever you upload content to the platform, or make contact with members of the platform, you must comply with the following terms which constitute the platform’s “Acceptable Use Policy”:

You must

• Provide true and accurate information about yourself on the platform.
• Use the platform in a manner that is true to its community purpose and intention.
• Treat others with respect when communicating with others through the platform.
• Use the platform only for lawful purposes and for your own purposes.
• Keep your user account details and passwords confidential.
• Immediately notify Kāinga Ora of any unauthorised use of your account.
• Include our copyright notice on any references you make to the platform.
• Comply with all technology laws and regulations that apply to the use of the platform.
• Take reasonable safety precautions when sharing information on the platform.

You must not

• Share the personal information of others without their permission.
• Use the platform for commercial purposes without obtaining a licence to do so from us.
• Embed the platform, or any part of it, into other programs without our written permission.
• Make the platform or source code available to any person without our written permission.
• Disassemble, decompile, reverse-engineer or create derivative works of our platform.
• Attempt to contravene section 296A of the Copyright, Designs and Patents Act 1988.
• Use the credentials of any person or entity to access the platform.
• Act fraudulently or maliciously.
• Hack into or insert malicious code, including viruses or harmful data, into the platform.
• Infringe Made Open and Kāinga Ora intellectual property rights.
• Transmit material that is defamatory, offensive or objectionable when using this platform.
• Use the platform in any way that could compromise Made Open and Kāinga Ora systems, security or interfere with other users.
• Collect or harvest any information or data from our service or systems.
• Use the platform to harm or attempt to harm minors in any way (or anybody for that matter).
• Harass or interfere with any other member’s use and enjoyment of the platform.
• Send, upload, download, use or re-use any material which does not comply with our content standards.
• Transmit any unsolicited or unauthorised advertising or promotional material (spam).
• Use the platform to buy or sell anything unless prior permission is obtained from the platform admin e.g fundraising.
• Suggest any form of association, approval or endorsement on the part of Made Open or on the part of Kāinga Ora, where none exists.
• Damage Made Open’s reputation or the reputation of Kāinga Ora or take advantage of it. 

You accept

• You have sole responsibility for all content or data which is uploaded by you to our platform.
• You indemnify Made Open and Kainga Ora for any breach of third-party intellectual property rights or copyright, including the intellectual property rights of Kāinga Ora.
• Neither Made Open nor Kāinga Ora shall be responsible, or liable to any third party, for the content posted by you on the platform.
• Any content you upload to the platform will be considered non-confidential and non-proprietary.
• All intellectual property rights in the content you upload on the platform shall remain with you (or your relevant licensors).
• You grant us a perpetual, worldwide, royalty free, non-exclusive, transferable licence to use, store, modify, copy, distribute, display and prepare derivative works of such content.
• You warrant to us that you have the full requisite power and authority to grant us such usage rights in the content you upload to the platform.
• You shall be responsible for obtaining and maintaining all licences required for the use of the content you upload to the platform, including payment of all associated licence fees and other costs.

Whenever you upload content to the platform, you must comply with the following terms which constitute our “Content Standards”: 

Contributions must

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the New Zealand.

Contributions must not

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful, illegal, sexually explicit or inflammatory.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be threatening, harass, upset, embarrass, alarm or annoy any other person, or invade their privacy.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Made Open or Kāinga Ora, if this is not the case.

Without prejudice to any other rights or remedies, Kāinga Ora or Made Open may terminate your account immediately by written notice to you:

• If you commit a material or persistent breach of these terms and conditions which you fail to remedy within 14 days.
• If you breach any of Kāinga Ora and Made Open policies on ‘acceptable use’ and ‘content standards’.
• If we terminate, novate or assign any licence or agreement relating to our service.

On termination for any reason:

• All rights granted to you under these terms and conditions shall cease.
• You must immediately cease all activities authorised by these terms and conditions, including your use of the platform.
• Made Open may delete your account from the live databases.
• Neither Kāinga Ora nor Made Open will have any liability to you for termination of your rights under this agreement.
• Any donations you may have made through the platform will not be refunded.

Failure to comply with our Acceptable Use Policy and Content Standards constitutes a material breach of the platform terms and conditions and may result in Kāinga Ora or Made Open taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as Made Open or Kainga Ora feels is necessary.

This agreement will remain in effect while you use the platform. You agree that neither Made Open nor Kāinga Ora will be liable to you or to any third party. You may close your account at any time, for any reason, by following the instructions on the platform.

We provide interactive services on the platform such as online messaging and chatrooms. Content from within these services are not moderated (other than self-moderated by users) but we do keep a record of all such content on our live databases. Here’s what you need to know about how we moderate interactive services:

• Neither Kainga Ora nor Made Open are under any obligation to oversee, monitor or moderate any interactive service on the platform.
• Kāinga Ora moderates the platform and provides guidance on its moderation of the platform
• If notified of any issues, Kainga Ora or Made Open will decide in each case whether to intervene or apply moderation.
• Kainga Ora or Made Open will provide you with a means of contacting the moderator, should a concern or difficulty arise.
• The use of our interactive services by a minor is subject to the consent of their parent or guardian and only for those 16-18 years of age.
• We advise parents who permit their children to use an interactive service that moderation is not fool proof.
• Neither Made Open nor Kāinga Ora are liable for any actions that breach of our Acceptable Use Policy and/or the Content Standards.

• You may link to the platform in a way that is fair, legal, does not damage Made Open’s reputation or the reputation of Kāinga Ora or take advantage of it.
• We reserve the right to withdraw linking permission without notice.
• You must not suggest any form of association, approval or endorsement on Made Open’s part or on the part of Kāinga Ora, where none exists.
• You must not establish a link to the platform in any website that is not owned by you.
• The website in which you are linking must comply in all aspects with our Acceptable Use Policy. Please contact hello@madeopen.co.uk for all enquiries.

• The content on the platform is provided for general information purposes only.
• It is not intended to amount to advice (of any nature) on which you should rely.
• Neither Made Open nor Kainga Ora review, monitor or endorse third-party links and advertisements.
• When you click on any third-party links, the applicable third party’s terms and policies apply. E.g. Space To Co for booking communal spaces.
• We may transfer our rights and obligations under these terms and conditions to another organisation.
• This will not affect your rights or our obligations.

Nothing in these terms and conditions shall be construed as excluding or limiting our liability or the liability of Kainga Ora for: (i) death or personal injury caused by our negligence, or (ii) fraud or fraudulent misrepresentation, or (iii) any liability which cannot be excluded or limited under applicable law. 

If you are a business, neither Made Open nor Kāinga Ora will be liable for any loss of profits or business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or indirect or consequential loss or damage.

If you are an individual, we only provide the platform for domestic and private use. You agree not to use the platform for any commercial or business purposes, and neither Made Open nor Kāinga Ora have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You acknowledge and agree that neither Made Open nor Kainga Ora will be liable or responsible for any failure to perform our obligations under this these terms and conditions that is caused by any act or event beyond our reasonable control.

These terms and conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by New Zealand law. We all irrevocably agree that the courts of New Zealand will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions.

If any provision in these terms and conditions is invalid, illegal or unenforceable, then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted and the remainder of these terms and conditions shall remain in full force and effect.

If you wish to discuss any issue or opportunity with the site maintainer or platform owner, please contact the following people in writing:

• Platform admin: Te Mātāwai Community Hub
• Platform owner: Kāinga Ora
• Platform providers: Made Open