Terms of Service

Last Updated: December 2024

1. Acceptance of Terms

By accessing and using the New Zealand Insoluble Fuel Disposal Agency (NZIFDA) website, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website.

These terms apply to all visitors, users, and others who access or use our website and services.

2. About NZIFDA

The New Zealand Insoluble Fuel Disposal Agency (NZIFDA) is an independent industry authority that establishes and maintains professional standards in the fuel contamination remediation sector. Our certification standards align with New Zealand legislation and regulatory frameworks.

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only. You agree to use the website in accordance with:

• All applicable New Zealand laws and regulations
• These Terms of Service
• Our Privacy Policy and Cookies Policy
• Any additional terms and conditions that may apply to specific services

3.2 Prohibited Activities

You agree not to:

• Use the website for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction or New Zealand
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to any part of the website
• Interfere with or disrupt the website or servers
• Use automated systems (bots, scrapers) to access the website without permission
• Submit false, misleading, or fraudulent information
• Impersonate any person or entity
• Harass, abuse, or harm other users

4. Compliance Reporting

By submitting a compliance report, you:

• Confirm that the information provided is accurate to the best of your knowledge
• Understand that reports may be investigated and shared with relevant regulatory authorities
• Agree that false or malicious reports may result in legal consequences
• Acknowledge that reports become part of our compliance records

5. Certification Applications

If you apply for NZIFDA certification:

• You must provide accurate and complete information
• You must meet all certification requirements as specified
• We reserve the right to verify all information provided
• Certification decisions are at our sole discretion
• Certification may be revoked if requirements are not maintained

6. Intellectual Property

All content on this website, including but not limited to:

• Text, graphics, logos, icons, images
• Software, code, and website design
• Documentation and regulatory information

is the property of NZIFDA or its content suppliers and is protected by New Zealand and international copyright and trademark laws.

You may not:

• Reproduce, distribute, or create derivative works without permission
• Use our trademarks or logos without written consent
• Remove any copyright or proprietary notices

You may print or download content for personal, non-commercial use, provided you maintain all copyright notices.

7. User Content

If you submit content to our website (such as compliance reports, applications, or feedback):

• You retain ownership of your content
• You grant us a license to use, store, and process your content as necessary to provide our services
• You grant us the right to share your content with regulatory authorities when required by law
• You are responsible for ensuring your content does not violate any laws or third-party rights

8. Disclaimers

8.1 Website Availability

We strive to keep the website available 24/7, but we do not guarantee uninterrupted access. The website may be unavailable due to:

• Maintenance or updates
• Technical issues or failures
• Circumstances beyond our control

8.2 Information Accuracy

While we endeavor to provide accurate and up-to-date information:

• We do not warrant the accuracy, completeness, or timeliness of all information
• Information may be subject to change without notice
• You should verify critical information independently
• Regulatory requirements may change, and you are responsible for staying current

8.3 Third-Party Links

Our website may contain links to third-party websites (such as the EPA website). We are not responsible for:

• The content or accuracy of third-party websites
• The privacy practices of third-party websites
• Any damages resulting from use of third-party websites

Links are provided for convenience only and do not constitute endorsement.

9. Limitation of Liability

NZIFDA, its officers, employees, and agents shall not be liable for:

• Any direct, indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from use or inability to use the website
• Errors or omissions in website content
• Unauthorized access to or alteration of your data

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we have been advised of the possibility of such damages.

If New Zealand law does not allow certain limitations, those limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless NZIFDA, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the website
• Your violation of these Terms of Service
• Your violation of any law or third-party rights
• False or inaccurate information you provide

11. Privacy and Data Protection

Your use of our website is also governed by our Privacy Policy and Cookies Policy. By using the website, you consent to the collection and use of information as described in those policies.

12. Termination

We reserve the right to:

• Terminate or suspend your access to the website at any time, without notice, for any reason
• Remove or edit any content you submit
• Take legal action if you violate these terms

Upon termination, your right to use the website will immediately cease.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these terms or your use of the website will be subject to the exclusive jurisdiction of the courts of New Zealand.

14. Changes to Terms

We may modify these Terms of Service at any time. We will:

• Post the updated terms on our website
• Update the "Last Updated" date
• Notify users of material changes (where applicable)

Your continued use of the website after changes become effective constitutes acceptance of the updated terms. If you do not agree to the changes, you must stop using the website.

15. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and NZIFDA regarding your use of the website.

17. Contact Information