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Terms of Use

These Terms of Use (Terms) apply to the New Zealand’s Biological Heritage National Science Challenge (BioHeritage) Data Repository website and its content. By viewing the content and using this website you agree, and are deemed to be bound by, the following Terms. If you choose not to be bound by the following Terms, then the Challenge Parties and publishers of the data do not grant you the right to use the website and its content.

Terms of Use of the Content

Challenge Parties researchers have compiled the data and other information available on this site from data derived from numerous sources. The information may not be complete, correct or up to date. We do not accept responsibility for any actions taken in reliance on it or consequences arising from the use of it.

Each dataset available on this site has licence conditions specified. Typically (but not exclusively) these licences are chosen from the Creative Commons set of licences.

Among other things, the Creative Commons licences (3.0 NZ, 4.0 International) provide that:

  • Except as required by law or as otherwise agreed in writing, the data and information are licensed on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.
  • Subject to any liability that may not be excluded or limited by law, BioHeritage, Challenge Parties, and data publishers shall not be liable on any legal basis (including without limitation negligence) and expressly excludes all liability for loss or damage howsoever and whenever caused to you.

For specific details and licence conditions refer to the licence link (or licence file) associated with each dataset.

Attribution

We encourage full attribution to authors of the data whenever possible. Where a licence requires attribution (e.g. CC-BY) the following attribution statements are acceptable:

If you publish, distribute or otherwise disseminate a work to the public without adapting it:

If present, use the citation specified as part of the datasets metadata

OR

Author(s). (Year). Title of dataset (version if applicable). Publisher. Retrieved from https://data.bioheritage.nz

OR

Author(s). (Year). Title of dataset (version if applicable). doi:xx.xxxx/xxx

If you adapt this work in any way or include it in a collection, and publish, distribute or otherwise disseminate that adaptation or collection to the public, a shortened attribution to NZ's Biological Heritage Science Challenge may be used if fully attributing as above is impracticable:

"This [work/product/application/etc] uses data sourced from NZ's Biological Heritage National Science Challenge."

Where practicable, please hyperlink NZ's Biological Heritage National Science Challenge to the web page that contains or links to the source data, or to https://data.bioheritage.nz.

Waivers

If you wish to seek a waiver from certain licence conditions, or to negotiate an alternate licence agreement (e.g. for commercial use if the specified license of a particular dataset excludes such use) then you should contact the BioHeritage Operations Manager (contact details below).

Non applicability of Sui Generis Database Rights

The New Zealand Government Open Access Licensing Framework (NZGOAL 2.0) encourages use of the Creative Commons 4.0 International licences. For international law compatibility these licences refer to 'Sui Generis Database Rights'. For clarity - Sui Generis Database Rights DO NOT apply in New Zealand.

Terms of Use of the Website

The BioHeritage data repository website is protected by copyright and may not be reproduced in whole or in part except under licence from Landcare Research.

You acknowledge that Landcare Research Ltd acts as the provider of this website on behalf of New Zealand's Biological Heritage National Science Challenge and the Challenge Parties publishing data.

You agree that you will not attempt to alter this site or employ any robot, spider, or other device or process or means whatever to use this site for any unauthorised purposes. You agree not to:

  • make excessive traffic demands;
  • deliver viruses or forward any other system that is of a destructive nature or capable of so being whether alone or in combination;
  • otherwise engage in any other behaviour that may be reasonably expected to inhibit other users from using and enjoying the site; or
  • damage or destroy the reputation of Landcare Research, Challenge Parties or New Zealand's Biological Heritage National Science Challenge.

Landcare Research accepts no obligation to monitor the use of this site. However, Landcare Research reserves the right to disclose any information as required by law, to block access to you, your agents, associates or your company and take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable laws. Landcare Research will also in its absolute discretion fully co-operate with the relevant authorities with respect to any investigation of suspected unlawful activity or violation of the website's security.

You accept that access to or use of the BioHeritage data repository website or services or pages linked to it will not necessarily be uninterrupted or error free. Landcare Research does not warrant that any information, software or other material accessible from this site is free of viruses or other harmful components.

Landcare Research is not responsible for any information contained on sites that this website provides links to nor any third party content that can be accessed through this website. The inclusion of any link to a website is not an endorsement of the linked site.

You also acknowledge that Landcare Research may suspend the operation of the BioHeritage data repository website for repair or maintenance work or in order to update the contents or functionality of the website.

Landcare Research, in consultation with Challenge parties, reserves the right to modify or terminate the BioHeritage data repository website for any reason without notice at any time.

Enquiries or Complaints

If you have any enquiries or complaints about the information or services provided by this website then please address them to:

BioHeritage Challenge Operations Manager
c/o Manaaki Whenua - Landcare Research
PO Box 69040
Lincoln 7640
NEW ZEALAND
support@bioheritage.nz

We will only record your email address if you send us a message. Your email address, if supplied to us, will only be used for the purpose for which you provided it. We will not use your email address for any other purpose, and will not disclose it, without your consent.

Last updated: These Terms were last updated on 2 November 2018.