These general terms and conditions apply to all users of this Website. By viewing and using the Website you are deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using the Website.
In these terms and conditions, “we”, “us” and “our” is referring to Milldale Infrastructure LP (MILP) and/or Crown Infrastructure Partners Limited (CIP) (as applicable).
- Users outside New Zealand:The Website is operated by CIP from New Zealand. The information on the Website may not be appropriate or available for use in other jurisdictions. If you choose to access the Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
- Privacy policy and personal information: Information collected through the Website may include your personal information, and you agree to the terms of CIP and MILP’s privacy policy.
- Copyright, trademarks and limited reproduction notices: The design and contents of the Website are the copyright of CIP, MILP or their suppliers. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted for any purpose to incorporate the contents of the Website or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any trademarks or logos that appear on the Website or on any content on the Website.
- Links provided: The contents of the Website may include links to third party materials. Neither we nor the Crown will be responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or the Crown or any association with its operators.
- Links to CIP Website and framing: CIP reserves the right to prohibit links to the Website and you agree to remove or cease any link upon CIP’s request. You may not frame any part of the Website content by including advertising or other revenue generating material.
- Not an offer:The availability of information on the Website does not constitute a recommendation or endorsement by CIP, the Crown or any other person regarding any particular business entity, goods, services or transaction. In particular, the information is not investment advice and should not be taken as a recommendation, an opinion or guidance in relation to buying or selling securities. CIP is not to be treated as an issuer or promoter of securities or as offering securities to anyone.
- Disclaimer:
(a) Subject to paragraph 7(b), we make the Website and its information and content available to you as a service. Use of information and content contained on the Website is at your own risk. We are not responsible for any adverse consequences arising out of such use. The Website is a general information service only. The content provided on the Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users.
(b) The persons referred to in the Encumbrance may rely on any statements made by us on this section of the Website, for the purposes of sections 10, 11 and 12 of any Encumbrance.
- Exclusion of liability: To the fullest extent permitted by law, CIP, MILP and the Crown exclude:
(a) all warranties and representations in relation to the Website (including in any content on the Website and services provided through the Website) whether express, implied, statutory or otherwise and neither we nor the Crown will be responsible for any errors or misstatements in the Website; and
(b) all liability in relation to the Website whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss or damage however caused (including direct loss or damage, indirect loss or damage, consequential loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity).
- Indemnity: You will take all necessary action to defend and indemnify MILP, CIP and its employees, the Crown and its officers against all costs, expenses and damages incurred in connection with any claim brought by a third party against MILP, CIP or the Crown arising from a breach by you of any of these terms and conditions.
- Change to terms of use: We reserve the right to change these terms and conditions of use at any time by notifying users of the existence of the amended terms and conditions through the Website. By continuing to access the Website, you agree to be bound by the amended terms and conditions.
- No relationship: These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.
- Privity: Where any provision of these terms and conditions of use is expressed to be for the benefit of the Crown, such provision is intended to confer a benefit on the Crown, enforceable at the suit of the Crown, in terms of Part 2, Subpart 1 of the Contract and Commercial Law Act 2017.
- General: If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties.
- Entire agreement: These terms and conditions (which include the privacy policy) form the entire agreement between us and you relating to the Website.
- Law: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.
- Contact: If you have any questions or concerns in relation to the Website or these terms and conditions please Contact Us.