Guest Access Conditions of Use

This page sets out the conditions of use on which you may access Wakatu Incorporation’s SharePoint and/or MS Teams sites in Wakatū Online Environment (“Our 365 Site”). By using or accessing our 365 Site, you indicate that you accept these conditions and that you agree to abide by them. If you do not agree to these conditions, please contact your Wakatū, Kono or AuOra liaison and refrain from using Our 365 Site.

Access

The purpose of providing you with access to Our 365 Site is so that Wakatū, Kono and AuOra kaimahi (staff members) can share or collaborate on documents (including media files) with you in a secure space.

We will do our best to ensure that Our 365 Site is always available, however, this cannot be guaranteed. If you come across an issue, or you are having trouble with access, please contact your Wakatū, Kono or AuOra liaison or our helpdesk (helpdesk@wakatu.org).

You are responsible for making any arrangements required for the safe access of Our 365 Site, including configuration of your computer/software. By sharing information through Our 365 Site, you also agree to ensure you have appropriate virus protection mechanisms in place.

Length of access to Our 365 Site is determined by your Wakatū, Kono or AuOra liaison and is based around the nature of the collaboration or document sharing requirements. Individual access is initiated and controlled through Guest Management PowerApps. The named account shall be required to use Multi Factor Authentication and to re-accept this document once every 90 days. Unauthorised sharing or distribution of login details will be considered a breach of these guest access conditions of use.

We reserve the right to deny or remove or suspend access to Our 365 Site for any reason we deem necessary. You agree that we are not required to provide you with any advanced notice of any denial, removal or suspension of access to Our 365 Site, and that we are not liable to you or any other third party for any damages or consequences caused by any such denial, removal or suspension.  

Content Accessed Through Our 365 Site

Content displayed and downloaded on Our 365 Site is the property of Wakatū, Kono and AuOra and is protected by intellectual property laws. You may not use, disclose, reproduce, distribute, modify, or display any part of the content (including without limitation any trademarks or logos) without our prior written consent. Any content uploaded or provided by you will be subject to arrangements agreed under a contract, memorandum of understanding or equivalent.

You represent that any content uploaded or provided by you does not violate any copyright or patent claim or trade secret claim or right of any third party.

You agree to use Our 365 Site only for lawful purposes and in a manner consistent with all applicable local, national and international laws (including, without limitation, the Privacy Act 2020), regulations and policies of Wakatū and any terms and conditions for use of Our 365 Site set out in the applicable Microsoft Services Agreement.

Your use of Our 365 Site is also governed by our Privacy Policy.

Viruses, Hacking and Malicious Use

You must not misuse Our 365 Site by introducing material or technology that may be malicious or harmful. Microsoft 365 uses a common virus detection engine to scan files that users upload to Our 365 Site. If a file is found to contain a virus, it is flagged, and appropriate actions are taken to prevent its spread. You must not attempt to gain unauthorized access to or perform or allow an attack on Our 365 Site, the server on which Our 365 Site are stored, or any server, computer, or database connected to Our 365 Site.

We are committed to ensuring appropriate safeguard and protection measures are in place on our systems. However, we will not be liable for any loss or damage caused by an attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our 365 Site or to your downloading of any material posted on it.

Code of Conduct

By agreeing to these Guest Access Conditions of Use, you’re agreeing that, when using Our 365 Site, you will follow these rules:

i. Don’t do anything illegal or try to generate or share content that is illegal.

ii. Don’t engage in any activity that exploits, harms or threatens to harm children.

iii. Don’t send spam or engage in phishing or try to generate or distribute malware. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, National Health Index number, passport numbers, credit card information, financial information or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. Malware includes any activity designed to cause technical harm, such as delivering malicious executables, organising denial of service attacks or managing command and control servers.

iv. Don’t publicly display or use Our 365 Site to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm or criminal activity) or your content or material that does not comply with local, national or international laws or regulations.

v. Don’t engage in activity that is fraudulent, false or misleading (e.g. asking for money under false pretences, impersonating someone else, creating fake accounts, automating inauthentic activity, generating or sharing content that is intentionally deceptive, manipulating Our 365 Site to increase play count or affect rankings, ratings or comments), or libellous or defamatory.

vi. Don’t circumvent any restrictions on access to, usage or availability of Our 365 Site (e.g. impermissible scraping).

vii. Don’t engage in activity that is harmful to you, Our 365 Site or others (e.g. transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies or threatens others, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others).

viii. Don’t violate or infringe upon the rights of others (e.g. unauthorised sharing of copyrighted music or other copyrighted material, or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information or any other purpose using Our 365 Site).

ix. Don’t engage in activity that violates the privacy or data protection rights of others.

x. Don’t help others break these rules.

Retention and Disposal of Information

Retention and disposal protocols will be determined on a case-by-case basis. Please ensure you discuss and agree this with your Wakatū, Kono or AuOra liaison.

Limitation of Liability and Indemnity

To the fullest extent permitted by law, we exclude:

  • all warranties and representations in relation to Our 365 Site whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in Our 365 Site; and

  • all liability in relation to Our 365 Site whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).

You will take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Guest Access Conditions of Use.

Change of Guest Access Conditions of Use

We reserve the right to change these Guest Access Conditions of Use at any time by notifying users of the existence of the amended Guest Access Conditions of Use through Our 365 Site. By continuing to access Our 365 Site, you agree to be bound by the amended Guest Access Conditions of Use.

Non-Transferable

Your right to use Our 365 Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

No Relationship

These Guest Access Conditions of Use will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.

Disclaimer

Use of Our 365 Site is at your own risk. We are not responsible for any adverse consequences arising out of such use. The 365 Site have not been prepared by taking into account the particular objectives, situation or needs of any individual users.

Governing Law

These Guest Access Conditions of Use are governed by and construed in accordance with the laws of New Zealand. Any disputes will be resolved in accordance with the laws of New Zealand, and you irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.

If you have any concerns regarding the above Guest Access Conditions of Use, please ask your Wakatū, Kono or AuOra liaison to refer you to our General Counsel. We look forward to working with you.