Customer Terms of Use.

IwiConnect is a software as a service platform that provides secure, auditable digital infrastructure to facilitate and record formal iwi engagement.

The platform supports project location verification, identification of relevant iwi and hapū based on verified mapping and registers, notification workflows, engagement tracking, and time-stamped compliance records.

IwiConnect provides infrastructure only. It does not determine engagement outcomes, direct iwi decisions, control iwi responses, or replace statutory processes.

IwiConnect does not provide legal, planning, cultural, technical, or other professional advice. You are solely responsible for obtaining independent advice where appropriate.

Mapping outputs, rohe identification, and iwi register information provided through the platform are based on verified datasets and available information. These outputs are indicative only. You remain responsible for verifying the accuracy and completeness of engagement coverage and ensuring all required engagement obligations are met.

You are solely responsible for ensuring compliance with all applicable statutory and regulatory obligations, including under the Resource Management Act, Local Government Act, and any other relevant framework.

IwiConnect facilitates notification and record keeping. It does not guarantee that engagement through the platform satisfies statutory requirements.

You remain responsible for:

• ensuring project information submitted is accurate and complete
• ensuring correct project location inputs
• ensuring that all required engagement is undertaken
• monitoring statutory timeframes
• following up on non-responses where required

IwiConnect cannot guarantee that iwi or hapū will respond, or that responses will be received within statutory timeframes.

You represent and warrant that:

• you have full authority to enter into these Terms on behalf of your organisation
• you are authorised to submit project information and initiate engagement through the platform
• your use of the platform complies with all applicable laws

You are responsible for ensuring authorised users within your organisation are appropriately trained and authorised.

Where an iwi has adopted IwiConnect as its designated digital pathway for formal compliance engagement within its rohe, customers undertaking projects within that rohe must direct all formal compliance-based engagement under relevant statutory frameworks through the IwiConnect platform.

You must not establish or operate parallel formal compliance workflows outside the platform for projects within participating rohe.

This does not restrict tikanga-based engagement, relationship building, or informal kōrero outside the platform.

Customers purchase and pre-pay engagement tokens in advance of using the platform. Tokens are deducted when a formal engagement notification is submitted for delivery to iwi through the system.

All payments are made in advance of platform use. Tokens are non-refundable except as required by law.

If there are insufficient tokens available on your account, a formal engagement notification will not proceed and will not be delivered to iwi or hapū. You may prepare and save a draft engagement request, however it will not be transmitted until sufficient tokens are available and applied.

Government and council clients are subject to specific pricing structures based on organisational size, number of authorised users, and estimated annual engagement volumes. For bespoke pricing, please contact IwiConnect directly.

All fees are in New Zealand dollars and exclude GST unless stated otherwise.

Five percent of iwi engagement fees received through the platform are allocated by IwiConnect to Te Pūtea Oranga Iwi. This allocation does not increase the fees payable by customers and does not influence iwi responses or engagement outcomes.

IwiConnect will use reasonable efforts to maintain availability of the platform and restore service as soon as reasonably practicable following any interruption.

The platform may be subject to scheduled maintenance, upgrades, or unforeseen outages.

Support enquiries will be responded to during New Zealand business hours.

The platform is provided on a best efforts basis and uninterrupted or error-free operation is not guaranteed.

IwiConnect maintains business continuity and disaster recovery procedures appropriate for a cloud-based software service.

The platform is hosted on reputable cloud infrastructure providers with built-in redundancy and resilience.

In the event of a service disruption, IwiConnect will use reasonable efforts to restore access promptly and preserve engagement records and audit logs.

IwiConnect implements reasonable and appropriate technical and organisational measures to protect customer data, including encryption in transit and at rest, role-based access controls, and security monitoring.

The platform is hosted on reputable cloud infrastructure providers that maintain recognised industry security certifications.

While no system can guarantee absolute security, IwiConnect maintains safeguards consistent with industry standards for cloud-based software services.

IwiConnect intends to maintain professional indemnity insurance appropriate for a software-as-a-service provider operating in New Zealand. Evidence of such insurance may be provided to enterprise customers upon reasonable request once in place.

You retain ownership of project data and documents you upload. You grant IwiConnect a non-exclusive licence to host, process, transmit, store, and display that data solely for providing the service.

Iwi and hapū responses remain the intellectual property of the relevant iwi or hapū and may not be used outside the notified project or statutory purpose without their prior written consent.

Data is encrypted in transit and at rest.

Engagement records and audit logs relating to iwi engagement are retained as part of the platform’s permanent compliance record and may be retained notwithstanding termination or deletion requests where required to maintain audit integrity.

Other customer project data may be retained for 12 months unless otherwise agreed or required by law.

IwiConnect handles personal information in accordance with its Privacy Policy and the Privacy Act 2020. IwiConnect will notify affected customers of any confirmed notifiable privacy breach without undue delay.

IwiConnect retains all rights, title, and interest in the platform, including software, workflows, branding, and related intellectual property.

Nothing in these Terms transfers ownership of the platform to you.

You must not copy, modify, reverse engineer, decompile, scrape, create derivative works from, or otherwise misuse the platform.

Each party must keep the other party’s non-public information confidential and use it only for the purposes of these Terms.

Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Confidentiality obligations survive termination.

You must not:

• attempt unauthorised access
• interfere with platform security or operation
• introduce malware
• scrape or systematically extract data
• reverse engineer any part of the platform
• bypass or attempt to bypass the designated engagement pathway

IwiConnect may suspend access for serious or repeated breaches.

The platform relies on third-party providers including hosting, mapping, and payment services.

To the extent permitted by law, IwiConnect is not responsible for the acts or omissions of third-party providers.

IwiConnect may suspend or restrict access where:

• there is a material breach of these Terms
• misuse poses security, legal, or reputational risk
• suspension is required by law

You may cease using the platform at any time.

Termination does not relieve payment obligations accrued prior to termination.

Upon termination, you may request export of your project data within 30 days. Engagement audit records may be retained for compliance integrity purposes.

Clauses relating to intellectual property, confidentiality, liability, indemnity, data retention, and dispute resolution survive termination.

Except as expressly stated, the platform is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, IwiConnect disclaims all other warranties and representations.

Nothing excludes rights that cannot be excluded under New Zealand law.

To the maximum extent permitted by law:

• IwiConnect is not liable for indirect or consequential loss
• IwiConnect is not liable for loss of profits, revenue, goodwill, opportunity, or data
• IwiConnect is not liable for failure of iwi to respond
• IwiConnect is not liable for inaccuracies in customer-provided data or third-party datasets

Each party’s total aggregate liability is limited to the greater of:

• (a) the total fees paid by you in the 12 months preceding the event giving rise to the claim; or
• (b) NZD 10,000;

and, where applicable, any amount recoverable under IwiConnect’s professional indemnity insurance policy in force at the time the claim arises.

No claim may be brought more than 12 months after the party became aware of the matter giving rise to the claim.

IwiConnect indemnifies you against third-party claims that the platform, when used in accordance with these Terms, directly infringes New Zealand intellectual property rights.

This does not apply where infringement arises from:

• modification not made by IwiConnect
• combination with third-party systems
• use contrary to these Terms
• customer-supplied data

This clause sets out your sole remedy for IP infringement claims.

You indemnify IwiConnect against claims arising from:

• inaccurate or unlawful project information
• breach of statutory obligations
• misuse of the platform
• use of iwi responses beyond permitted scope

This indemnity survives termination.

Neither party is liable for delay caused by events beyond reasonable control.

You may not assign these Terms without consent.

IwiConnect may assign or subcontract provided confidentiality protections are maintained.

IwiConnect may update these Terms to reflect changes in law, technology, or services. Continued use constitutes acceptance.

Disputes will first be addressed in good faith, then mediation in New Zealand, and if unresolved, the courts of New Zealand.

These Terms are governed by the laws of New Zealand.

These Terms, together with any order form and the Privacy Policy, form the entire agreement between the parties.

If any provision is unenforceable, the remainder continues in effect.