Terms and Conditions

1.0 INTRODUCTION

1.1 These Terms and Conditions govern the services provided by the Building Disputes Tribunal and set out the terms of our agreement with you (Agreement).

1.2 The Building Disputes Tribunal provides independent, specialist, domestic and international dispute resolution services for the building and construction industry.

1.3 The Building Disputes Tribunal is approved by the Minister of Building and Housing as an Authorised Nominating Authority for the purpose of nominating adjudicators under the Construction Contracts Act 2002.

1.4 Before using the Building Disputes Tribunal Services, it is important that you understand these Terms and Conditions.

2.0 TERMS AND CONDITIONS

2.1 By accessing the Building Disputes Tribunal Website you:

(a) are deemed to have read, understood and accepted these Terms and Conditions, and you agree to be bound by them;

(b) warrant that you are authorised to use the Building Disputes Tribunal Services by any person, company, entity or organisation that you purport to represent, and that all information you have provided to the Building Disputes Tribunal is, and save to the extent updated in writing by you, remains in every respect true, correct, and complete; and

(c) accept that these Terms and Conditions may be amended or modified by the Building Disputes Tribunal at any time in whole or in part. Any amendments or modifications will be effective immediately upon being published to the Website and it is your responsibility to ensure that you are familiar with the latest Terms and Conditions.

3.0 DEFINITIONS AND INTERPRETATION

3.1 Unless the context otherwise requires, the following words and expressions shall have the said meanings ascribed to them:

ADJUDICATION means adjudication under the Construction Contracts Act 2002.

ADJUDICATOR means an individual who is appointed by the Building Disputes Tribunal to determine a dispute that has been referred to Adjudication under the Construction Contracts Act 2002.

ADMINISTRATION FEE means a fee charged by the Building Disputes Tribunal when a claim, dispute or any other matter the subject of any Dispute Resolution Service provided or administered by the Building Disputes Tribunal is withdrawn or terminated or otherwise resolved between the Parties after receipt of an Application to nominate or appoint a Dispute Resolution Professional and before the Service is fully performed by that person.

APPLICATION means any written or electronic application made by any person to the Building Disputes Tribunal for the appointment of a Dispute Resolution Professional.

ARBITRATION means arbitration under the Arbitration Act 1996 and its amendments.

ARBITRATOR means any individual who is appointed by the Building Disputes Tribunal, or by the parties directly, to determine a dispute that has been referred to Arbitration.

AUTHORISED NOMINATING AUTHORITY has the meaning ascribed to it in the Construction Contracts Act and includes the Building Disputes Tribunal.

BANK ACCOUNT means the Building Disputes Tribunal Trust Account.

BUILDING DISPUTES TRIBUNAL (the Building Disputes Tribunal/the Tribunal) means Building Disputes Tribunal (NZ) Ltd, a company incorporated under the Companies Act 1993 (company number 802252).

BUILDLAW® means the quarterly publication of the Building Disputes Tribunal.

BUILDLAW® IN BRIEF means the email information alert service provided by the Building Disputes Tribunal.

DISPUTE RESOLUTION SERVICE means any of the dispute resolution services provided by the Building Disputes Tribunal.

DISPUTE RESOLUTION PROFESSIONAL means any person who is authorised by the Building Disputes Tribunal to provide Dispute Resolution Services under any agreements, rules, and protocols promulgated by the Building Disputes Tribunal.

EARLY NEUTRAL EVALUATION means a confidential, settlement oriented Dispute Resolution Service that produces a non-binding evaluation of the facts, evidence and legal merits of a case by an independent neutral third party.

EXPENSES means the actual disbursements for the Service including, but not limited to, travel, accommodation, meals, taxis, couriers, personal vehicle mileage charges, communication, secretarial and administration services, hireage of hearing or meeting rooms, court reporting services, transcription services, interpreters, expert or legal advice, and any other reasonable costs relating to the conduct of the Service.

EXPERT DETERMINATION means a consensual process by which parties to a contract agree to refer matters in dispute to an independent person to decide as an expert and not as an Arbitrator.

FEES means any amount due and payable by the Parties to the Building Disputes Tribunal for any Dispute Resolution Service provided by the Tribunal and includes the fees and expenses of any Dispute Resolution Professional and any Administration or cancellation Fees due and payable in accordance with these Terms and Conditions, or generally.

FEES AND EXPENSES SCHEDULE means any Schedule of Fees and Expenses appended to and forming part of any Dispute Resolution Service Agreement, Rules, or Protocol published on the Website.

FIXED FEE LOW VALUE CLAIM ADJUDICATION SERVICE (LVC) means the Service provided by the Building Disputes Tribunal for Adjudication claims that involve an amount in dispute of less than $50,000.00 (including GST), are of limited complexity and that comply with the specific conditions published on the Website at the time of Application by any party for the Appointment of an Adjudicator.

FIXED FEE LOW VALUE ARBITRATION CLAIM SERVICE (LVAC) means the Service provided by the Building Disputes Tribunal for Arbitration claims that involve an amount in dispute of less than $50,000.00 (including GST), are of limited complexity and that comply with the specific conditions published on the Website at the time of Application by any party for the Appointment of an Arbitrator.

FORCE MAJEURE EVENT means any act or event beyond the reasonable control or foresight of the Building Disputes Tribunal including without limitation any industrial disputes, strikes, go-slow, failures of any utility service or provider, act of God, war, riot, civil commotion, compliance with law, change in law, breakdown of plant or machinery, fire, explosion, flood, storm, earthquake, default of any supplier or subcontractor acting independently of the Building Disputes Tribunal, terrorism and any similar or analogous event or act.

GENERAL CLAIM means any Adjudication or Arbitration proceeding that does not comply with the specific conditions for the Low Value Claim Service set out on the Website at the time of Application by any party for the Appointment of an Adjudicator or Arbitrator and which proceeding is ineligible for any Fixed Fee Service.

MEDIATION means a confidential, consensual and informal negotiation process where Parties use a Dispute Resolution Professional to assist them to resolve matters in dispute between them.

PANELS means the lists of Dispute Resolution Professionals published on the Website.

PARTIES means the parties to any Dispute Resolution Service, their agents and servants, executors, administrators, successors and any other permitted assigns.

RULES FOR ARBITRATION means the rules for Administered Domestic Commercial Arbitration published on the Website.

SECURITY means the amount of money required to be paid in clear funds to the Building Disputes Tribunal Trust Account as Security for the Fees and Expenses of the Dispute Resolution Professional.

SERVICE(S) means any one or more Services offered by the Building Disputes Tribunal from time to time including but not limited to its nomination and appointment service, Low Value Adjudication Claim service, General Claim Adjudication service, Expedited Commercial Arbitration, Administered Domestic Commercial Arbitration, Expert Determination, Mediation, Early Neutral Evaluation, BuildLaw and BuildLaw in Brief, newsletters, training opportunities, seminars, webinars, Website, and any other supply or service of whatsoever nature that the Building Disputes Tribunal may offer.

USER means any person, company, entity or organisation, who accesses the Website, or arranges for someone to access the Website, whether or not they access, use, or otherwise refer to or rely on any of the Services provided.

WEBSITE means the Website for the Building Disputes Tribunal which can be found at www.buildingdisputestribunal.co.nz.

3.2 Unless the context otherwise requires, in these Terms and Conditions:

(a) Words in the singular shall include the plural and vice versa; words importing a gender include every gender.

(b) References to persons include corporations, partnerships, government and local authorities and agencies, and any unincorporated associations or bodies of persons.

(c) References to “include” or “including” are to be construed without limitation.

(d) A reference to “we”, “our” or “us” means the Building Disputes Tribunal.

(e) A reference to “he”, “she”, “it”, “you”, “your” or “yourself” means the User.

(f) A reference to a Party includes its employees, agents, executors, administrators, successors and permitted assigns.

3.3 Insofar as these Terms and Conditions are inconsistent with any terms and conditions published on the Website, these Terms and Conditions will take precedence over and replace any such inconsistent terms and conditions.

4.0 GENERAL PROVISIONS

4.1 All Users accept and acknowledge that:

(a) you view, access, and use the Website and the Services provided by the Building Disputes Tribunal in good faith, at your own risk, and solely in reliance on your own investigations, enquiries and judgment.

(b) we are not an agent, employee, servant or associated entity of any User, and we are not liable for any act or omission, misconduct, fraud, misrepresentation or any other thing done or omitted to be done by any other User of the Service; and

(c) the Services on the Website (and generally) are provided on an “as is” and “as available” basis. We do not guarantee or warrant that access to the Website will be error-free or uninterrupted, of that the information will be complete, accurate and current.

4.2 When using the Building Disputes Tribunal’s Website and Services you must observe and comply with all relevant New Zealand laws, including all applicable statutes and regulations, and with the provisions of these Terms and Conditions.

5.0 USER OBLIGATIONS

5.1 As a User of the Website and Services provided by the Building Disputes Tribunal, you:

(a) agree to use the Website and the Services in a proper, appropriate, professional, and lawful manner at all times;

(b) acknowledge that the Building Disputes Tribunal does not independently verify the information provided by any Dispute Resolution Professional or other person providing information or materials to be published on the Website. Accordingly, the Building Disputes Tribunal does not warrant that the information provided by any Dispute Resolution Professional, or other person published on the Website is complete, accurate and current, personal and professional information;

(c) agree that the Building Disputes Tribunal, its agents and servants cannot and do not provide legal advice in relation to any claim, dispute, question, concern, issue or any other matter raised by any User in any way and, if you use any information provided on the Website, or otherwise by the Building Disputes Tribunal, its agents or servants, you do so entirely in reliance on your own judgment, having taken independent legal advice and having made your own enquiries and not in reliance on any statements or representations made by or on behalf of the Building Disputes Tribunal, its agents or servants;

(d) agree that by accessing, using or relying on any information provided by the Building Disputes Tribunal in any form or manner for any purpose whatsoever including any subsequent Dispute Resolution Service, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgment and not in reliance on any understandings, statements, agreements, representations or warranties made by or on behalf of the Building Disputes Tribunal, its agents or servants;

(e) acknowledge that the Building Disputes Tribunal does not accept any responsibility or liability howsoever arising from, or relating to, any acts or omissions of any member of its Panels, whether in relation to the qualifications, the advice, the outcome of any dispute, or any other matter without limitation;

(f) agree to receive emails from the Building Disputes Tribunal relating to the Services or items of interest. You may unsubscribe from these emails at any time;

(g) agree to indemnify the Building Disputes Tribunal from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by the Building Disputes Tribunal to any person arising out of or in connection with your failure to comply with these Terms and Conditions; and

(h) acknowledge that the Building Disputes Tribunal, its agents and servants expressly do not accept any responsibility for any User dissatisfaction with any Service provided, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of services, fees charged, outcome or result, or otherwise.

6.0 OUR OBLIGATIONS

6.1 In providing the Services, the Building Disputes Tribunal will:

(a) maintain and manage the Website;

(b) administer and manage the Services;

(c) ensure that the most up to date Terms and Conditions are available on the Website for review at any time; and

(d) give and consent to being given any notice, communication or document required to be served under these Terms and Conditions by email.

6.2 In performing the Services, the Building Disputes Tribunal will rely upon the information and documents provided, or purported to be provided, by or on behalf of any User and shall be under no duty to investigate or validate the authenticity, completeness or accuracy of any such information or documents.

6.3 The Building Disputes Tribunal will make reasonable efforts to ensure that the material and information published on the Website is correct. However, the Building Disputes Tribunal does not warrant or represent that the Website will be free from error or operate without delay from time to time or that the information published on the Website will not contain errors or misstatements.

7.0 USING THE SERVICES

7.1 In applying to use any of the Services provided by Building Disputes Tribunal, you understand and agree that:

Accuracy and completeness of information

(a) By applying to use any Service, you warrant that you are authorised to make an application for, or on behalf of the claimant, and that all information provided in relation to that application is to the best of your knowledge, correct, complete and accurate in all respects.

(b) When making an application to the Building Disputes Tribunal for any Dispute Resolution Service, you have provided all information required to enable the Building Disputes Tribunal to make such nomination or appointment of a Dispute Resolution Professional as may be required in sole reliance on the information and documents provided by you in support of the application.

(c) The Building Disputes Tribunal does not undertake any independent investigations, assessment or verifications of any such documents or information provided for the above purpose.

Payment of fees

(d) The Parties are jointly and severally liable to pay the Dispute Resolution Professional’s Fee, including any Fees and Expenses incurred by the Dispute Resolution Professional in the event that a claim is withdrawn or terminated, or the dispute between the Parties is resolved before an award, determination, evaluation or decision is made, together with any additional costs howsoever incurred by the Building Disputes Tribunal in recovering any overdue monies on a full indemnity basis.

(e) Notwithstanding the Parties to any Dispute Resolution Service are jointly and severally liable to pay the Fees and Expenses incurred by any Dispute Resolution Professional in carrying out the Dispute Resolution Service, you undertake and agree to pay any Fees in full and without deduction in the event of any default or failure on the part of any other Party to pay any proportion thereof, together with any additional costs incurred in the recovery and collection of those Fees and Expenses by the Building Disputes Tribunal or the Dispute Resolution Professional on a full indemnity basis.

(f) Any money paid by way of Security for the Dispute Resolution Professional’s Fees and Expenses is a nominal amount only and is not, and shall not be considered to be an estimate of the cost of the Service except where such Security is paid for a Fixed Fee Service in accordance with any conditions and Fees published on the Website at the time the Application for the Service is made.

(g) The total cost of any Dispute Resolution Service, other than a Fixed Fee Service, shall be calculated according to the time engaged on the duties of that process by the Dispute Resolution Professional, charged at the Dispute Resolution Professional’s usual hourly or daily rate together with any costs and Expenses incurred in the execution of those duties and, where relevant, the Tribunal’s Administration Fee.

(h) In the event that the amount held by way of Security is less than the total Fee of the Dispute Resolution Professional, the Building Disputes Tribunal shall withhold the release of any determination, award, evaluation, decision, or other product of the Dispute Resolution Professional’s Service until such time as the Fee is paid in full.

(i) In the event that the amount held by way of Security is more than the total Fee of the Dispute Resolution Professional, the Building Disputes Tribunal will provide any determination, award, evaluation or decision to the Parties as soon as practical after the Dispute Resolution Professional has made such determination, award, evaluation or decision and shall disburse the balance of the monies held as Security to the Parties in such proportions as determined by the Dispute Resolution Professional or, if the Dispute Resolution Professional does not determine the matter, in the proportions that the Parties agreed to pay the Security, or in the event that no such agreement was made, in such proportions that would result in equal payment by each Party so far as that is possible.

(j) In any case where a dispute or matter is withdrawn, cancelled or resolved after the receipt by the Building Disputes Tribunal of any Application to nominate or appoint a Dispute Resolution Professional, the Building Disputes Tribunal will charge a Fee in relation to the administration of the matter in the amount of the Administration Fee published on the Website for the Service at the time the Application for the Service is made.

(k) The Parties together and separately release and discharge the Dispute Resolution Professional and the Building Disputes Tribunal, its agents and servants from all liability of any kind (whether involving negligence, breach of contract, breach of fiduciary duty, breach of statutory duty or otherwise) which may be alleged to arise in connection with, or to result from, or to in any way relate to the exercise of any of the functions, duties, or powers of the Dispute Resolution Professional or the Building Disputes Tribunal unless such act or omission is fraudulent.

(l) The Parties together and separately agree to indemnify and keep indemnified the Dispute Resolution Professional, the Building Disputes Tribunal, its agents, and servants, against all claims, costs, expenses, liabilities, awards, damages and proceedings of any kind whatsoever incurred by the Dispute Resolution Professional, the Building Disputes Tribunal, its agents, or its servants, in the exercise of any of the functions, duties or powers of the Dispute Resolution Professional or the Building Disputes Tribunal unless the act or omission is fraudulent.

8.0 SPECIAL PROVISIONS FOR ADJUDICATION

8.1 The Building Disputes Tribunal will not serve, as agent for the nominated Adjudicator, any Notice of Acceptance under the Construction Contracts Act 2002 until Security for the Adjudicator’s Fees in respect of any General Claim or the entire Fee required for a Fixed Fee Low Value Claim are paid in clear funds to the Bank Account.

8.2 You acknowledge and accept that there are special conditions in respect of the Fixed Fee Low Value Claim (LVC) Service including a limit of three issues in dispute that may be determined in any one Adjudication proceeding and a limit on the number and extent of documents that may be submitted by a claimant in support of any claim.

8.3 The Low Value Claim Service Fixed Fee does not include any allowance for a conference or inspection of the construction work or any other thing to which the dispute relates.

8.4 If any Party, or the Adjudicator, requires a conference to be convened or an inspection to be undertaken, the Building Disputes Tribunal will charge the Parties such further amount as is published on the Website at the time the Application for the Service is made together with any mileage and travel expenses incurred by the Adjudicator on the duties of the conference and/or inspection. This additional amount will be required to be paid to the Building Disputes Tribunal before the Adjudicator’s determination will be given to the Parties.

8.5 In the event that a Fixed Fee Low Value Claim presents undue complexity notwithstanding the low value of the claim or the limited number of matters at issue, or the submissions and evidence submitted in support of the claim exceed the permitted number of documents, the Building Disputes Tribunal may at its sole discretion decline to provide the Adjudication on a fixed fee basis under the Fixed Fee Low Value Claim Service. Such a decision is of an administrative nature and shall be final and binding on the Parties and is not subject to appeal. Neither the Building Disputes Tribunal nor the Adjudicator shall be required to state or communicate reasons for the decision.

8.6 In that event, the Building Disputes Tribunal shall advise the Parties accordingly and the claim will revert to a General Claim and the cost of the Adjudication will be determined according to the time engaged by the Adjudicator on the duties of the matter together with any costs and Expenses incurred by the Adjudicator in the execution of those duties.

9.0 SPECIAL PROVISIONS FOR ARBITRATION

9.1 You acknowledge that any Arbitration is to be conducted in accordance with the relevant Building Disputes Tribunal Rules for Arbitration and the Arbitration Act 1996.

9.2 You acknowledge and accept that there are special conditions in respect of the Fixed Fee Low Value Arbitration Claim (LVAC) Service including a limit of three issues in dispute that may be determined in any one Arbitration proceeding and a limit on the number and extent of documents that may be submitted by a claimant in support of any claim.

9.3 The Low Value Arbitration Claim Service Fixed Fee does not include any allowance for a conference or inspection of the construction work or any other thing to which the dispute relates.

9.4 If any party, or the Arbitrator, requires a conference to be convened or an inspection to be undertaken, the Building Disputes Tribunal will charge the Parties such further amount as is published on the Website at the time the Application for the Service is made together with any mileage and travel expenses incurred by the Arbitrator on the duties of the conference and/or inspection. This additional amount will be required to be paid to the Building Disputes Tribunal before the Arbitrator’s award will be given to the Parties.

9.5 In the event that a Fixed Fee Low Value Arbitration Claim presents undue complexity notwithstanding the low value of the claim or the limited number of matters at issue, or the submissions and evidence submitted in support of the claim exceed the permitted number of documents, the Building Disputes Tribunal may at its sole discretion decline to provide the Arbitration on a fixed fee basis under the Fixed Fee Low Value Arbitration Claim service. Such a decision is of an administrative nature and shall be final and binding on the Parties and is not subject to appeal. Neither the Building Disputes Tribunal, nor the Arbitrator shall be required to state or communicate reasons for the decision.

9.6 In that event, the Building Disputes Tribunal shall advise the Parties accordingly and the claim will revert to a General Claim and the cost of the Arbitration will be determined according to the time engaged by the Arbitrator on the duties of the matter together with any costs and Expenses incurred by the Arbitrator in the execution of those duties.

10.0 SPECIAL PROVISIONS FOR EARLY NEUTRAL EVALUATION

10.1 You acknowledge that any Early Neutral Evaluation will be conducted in accordance with these Terms and Conditions, the Building Disputes Tribunal Agreement and Rules for Early Neutral Evaluation and the Building Disputes Tribunal Protocol for Early Neutral Evaluation published on the Website at the time the Application for Early Neutral Evaluation is made.

11.0 SPECIAL PROVISIONS FOR EXPERT DETERMINATION

11.1 You acknowledge that any Expert Determination will be conducted in accordance with these Terms and Conditions and the Building Disputes Tribunal Agreement and Rules for Expert Determination published on the Website at the time the Application for Expert Determination is made.

12.0 SPECIAL PROVISIONS FOR MEDIATION

12.1 You acknowledge that any Mediation will be conducted in accordance with these Terms and Conditions, the Building Disputes Tribunal Agreement to Mediate and the Building Disputes Tribunal Protocol for Mediation published on the Website at the time the Application for Mediation is made.

13.0 TERMINATION

13.1 At any time, we may without notice, remove, amend or vary any part of the Website or the Services, or cease to operate the Website or the Services in whole or in part.

13.2 We shall not be obliged or required to consult with any Users of the Website prior to making any such removal, amendment, variation or cessation referred to above.

14.0 PERSONAL INFORMATION AND PRIVACY

14.1 The Building Disputes Tribunal collects personally identifiable information about customers and Users of the Services through our Website at www.buildingdisputestribunal.co.nz and in off-line transactions such as over the telephone and through correspondence and discussions. We may use cookies or local shared objects on our website or emails. Personal information includes, but is not limited to, name, address and other contact details and usage patterns and preferences.

14.2 Subject to the terms of the Privacy Act 1993, you authorise us to:

(a) retain and record any personal information provided in connection with the Building Disputes Tribunal;

(b) collect, store, use and disclose information about you for any purpose relating to the Services, including but not limited to:

(i) verification of your identity;

(ii) enforcement of these Terms and Conditions;

(iii) marketing;

(iv) presenting offers from us or third parties that might be of interest to you;

(v) research;

(vi) compliance with all applicable laws and regulations;

(vii) performing the Services provided by the Building Disputes Tribunal generally; and

(viii) any other use that you authorise.

14.3 We may share your personal information with third party data processing organisations or government agencies for any of the purposes described here. Where possible we will require these third parties to strictly comply with our instructions and not use the information for any other purpose. We will not disclose your personal information to any other third party without your consent. You may contact the Building Disputes Tribunal to enquire whether information has been provided to government agencies or third party data processing organisations.

14.4 Failure to provide personal information requested at the time of submitting an application to use any Dispute Resolution Service may result in certain Services not being offered and/or provided to you.

14.5 Under the Privacy Act 1993 you have the right to access your personal information recorded by us and have it updated or corrected. If you have any questions about the privacy and security of your personal information, please contact us on + 64 9 486 7143, or  by email at registrar@buildingdisputestribunal.co.nz.

14.6 The Building Disputes Tribunal undertakes to use security protocols to ensure data which users of the Services provide is appropriately encrypted and held in confidence. However, no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the use of our Services, and all such activities are conducted at your own risk.

15.0 INTERNET AND ELECTRONIC INFORMATION SECURITY

15.1 We undertake to use security protocols to ensure that data provided to us electronically, for any purpose, is appropriately encrypted and is held in confidence.

15.2 You must not do anything to damage, interfere with or harm the Website or Services, or any network, or any system underlying or connected to them, or attempt to do so.

15.3 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose whatsoever.

16.0 COPYRIGHT

16.1 Unless otherwise indicated, all proprietary and intellectual property rights in this Website, including, but not limited to, all material, content, logos, design, selection and arrangement of elements, organisation, compilation, graphics, text, invented words, audio recordings, video recordings, icons, images, and software underlying and forming part of the services offered by the Building Disputes Tribunal and the Website, together with all other matters related to the Website, are the exclusive property of the Building Disputes Tribunal, or the material is included with permission of the rights owner and all such property is protected by New Zealand and international copyright and trademark laws.

16.2 The posting of any such elements on this Website does not constitute a waiver of any right in such element. You do not acquire ownership rights to any such elements viewed through this Website.

16.3 Except as otherwise provided herein, no property of the Building Disputes Tribunal, its licensors or its suppliers may be used, copied, reproduced, adapted, distributed, republished, downloaded, modified, displayed, posted, stored in a retrieval system, printed or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or otherwise, on-sold, commercialised or used to create derivative works without the Building Disputes Tribunal's express and prior written permission.

16.4 Permission is hereby granted to the extent necessary, to lawfully access and use this Website and the information, materials, services and products available on it and to display, download, archive, copy and print portions of this Website for personal use only, provided you do not modify the materials. This permission terminates automatically if you breach any of the Terms and Conditions of use of the Website or the Building Disputes Tribunal Services. In the event such permission is terminated, you must immediately destroy any and all downloaded, printed, archived or otherwise maintained and/or stored materials obtained from your use of the Website. All rights including translation reserved.

Building Disputes Tribunal 2010 ©

17.0 TRADEMARKS


17.1 Unless otherwise indicated, the Building Disputes Tribunal logo and all service names, page headers, custom graphics, button icons, trademarks, service marks, and logos appearing on this Website are service marks, trademarks, and/or trade dress of the Building Disputes Tribunal (the Marks).

17.2 All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on this Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of those owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress, or any other material contained herein (except as permitted herein) is expressly prohibited.

18.0 DISCLAIMERS, INDEMNITIES AND LIMITS OF LIABILITY

18.1 All Users acknowledge and agree that, for the purpose of delivering the Services, the Building Disputes Tribunal:

(a) relies entirely on the information, documents, and/or other material provided, or purported to have been provided, by or on behalf of any User or Dispute Resolution Professional;

(b) is not under any duty to investigate or validate the authenticity, completeness and/or accuracy of any such information, documents, and/or material; and

(c) may change, delete, add to or otherwise amend the information on the Website without notice and it is the responsibility of the Parties using the information to ensure that they have the most recent and up to date information available.

18.2 The Building Disputes Tribunal expressly does not represent or warrant that:

(a) the Website will be free of error, or operate without delay or interruption from time to time; and/or

(b) information contained on the Website will not contain errors or misstatements.

18.3 The Building Disputes Tribunal, its agents and servants expressly do not accept any responsibility for any User dissatisfaction with any Service or Dispute Resolution Professional, or generally, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of Services, Fees charged, the outcome or result of any dispute, or otherwise without limitation.

18.4 The Building Disputes Tribunal, its agents and servants do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error, omission, or misstatement made in, or in connection with, the Website or its Services generally, and to the full extent permitted by the law, expressly disclaim any and all such liability whether involving tort, breach of contract, breach of fiduciary duty or breach of statutory duty or otherwise and all such liability is expressly disclaimed.

18.5 We give no undertakings, representations, or guarantees in relation to any information published on the Website including, but not limited to, the accuracy or truth of any information published.

18.6 Your use of the Website is at your sole risk. By accessing, using, or relying upon any information or material published on the Website for any purpose whatsoever, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgment and not in reliance on any understandings, statements, agreements, representations or warranties made by or on behalf of the Building Disputes Tribunal, its agents, or servants.

18.7 All Users release and discharge the Building Disputes Tribunal, its agents, and servants, from all liability of any kind (whether involving negligence, breach of contract, breach of fiduciary duty, breach of statutory duty, or otherwise), which may be alleged to arise in connection with, or to result from, or to in any way relate to the Services or the Building Disputes Tribunal's duties, or powers whether done or omitted to be done under the Services, in connection with the Website, or otherwise, unless the act or omission is fraudulent.

18.8 All Users indemnify and keep indemnified the Building Disputes Tribunal, its agents, and servants, against all claims, costs, expenses, liabilities, awards, damages and proceedings of any kind incurred by the Building Disputes Tribunal, its agents, and servants, in the exercise of their functions, duties, or powers whether in relation to the provision of any Services, these Terms and Conditions, the Website, or otherwise, unless the act or omission is fraudulent.

19.0 HYPERLINK DISCLAIMER

19.1 The Website may include hyperlinks to other websites maintained by us or affiliated companies, as well as hyperlinks to websites owned and operated by companies and/or other persons unrelated to the Building Disputes Tribunal.

19.2 Any hyperlink to an unrelated website does not in any way mean that the Building Disputes Tribunal approves of, endorses, supports, or accepts any responsibility for that website, its content and/or systems, or the goods and/or services provided or advertised through that website.

19.3 The Building Disputes Tribunal, its agents and servants do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error, omission, or misstatement made in, or in connection with, the information and materials published on any unrelated websites, and to the full extent permitted by the law, expressly disclaim any and all such liability whether involving tort, breach of contract, breach of fiduciary duty, or breach of statutory duty or otherwise, and all such liability is expressly disclaimed.

19.4 Any unrelated websites are not monitored or checked by the Building Disputes Tribunal to determine their accuracy, legitimacy, or conformance with any applicable laws, standards and regulations. Accordingly, the use of any hyperlinks published, and any consequential use of any unrelated websites linked in this manner to the Building Disputes Tribunal Website, is entirely at your sole risk. All rules, policies and operating procedures of any unrelated websites will apply to you while you are using those websites.

20.0 DISPUTES

20.1 You agree not to involve, or attempt to involve, the Building Disputes Tribunal, its agents, or servants in any dispute or in any process for the resolution of any dispute that may arise, between you and any other User or Dispute Resolution Professional, as a result of your use of the Website, any Service, or otherwise.

20.2 If you intend to initiate civil proceedings against any User or Dispute Resolution Professional, and you require any contact details for that User or Dispute Resolution Professional for the purpose of such proceedings, the Building Disputes Tribunal will provide those details to you only upon receipt of a properly sworn or affirmed Statutory Declaration stating that you require that information for that specific and sole purpose.

21.0 MISCELLANEOUS

21.1 Service of Notices: You shall give (and hereby consent to be given) all notices, communications and documents required to be served under these Terms and Conditions or any Service, Act or Regulation by email.

21.2 Governing Law: These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand and each User agrees to submit to the non-exclusive jurisdiction of the New Zealand Courts.

21.3 Entire Agreement: These Terms and Conditions constitute the entire agreement between the Building Disputes Tribunal and a User, and supersede any advice, communications, representations, or agreements whether previously provided or published on the Website or not.

21.4 Waiver: Any failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless specifically agreed in writing by us.

21.5 Severance: If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the existence, validity or enforceability of the remaining Terms and Conditions which shall not be affected, prejudiced or impaired but shall remain in full force and effect.

21.6 Force Majeure Event: The Building Disputes Tribunal will not be liable for any loss or damage whatsoever incurred by any User as a result of a Force Majeure Event.

21.7 Updates: The Building Disputes Tribunal reserves the right to change, update, amend or modify these Terms and Conditions in its sole discretion, from time to time without prior notice, but no such change, update, amendment or modification will have any affect on anything already in operation.

21.8 Assignment: You may not assign your rights under these Terms and Conditions without the prior written approval of the Building Disputes Tribunal.

21.9 Consumer Guarantees Act 1993: Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 where applicable.


 

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002