Terms & Conditions
1. Introduction
1.1 Scope of terms and conditions
These Terms and Conditions govern your use of the Importers & Manufacturers Notice Reporting portal (the Portal). The Portal is hosted and operated by the Environmental Protection Authority (EPA).
1.2 Role of the Portal
The role and purpose of the Portal is to facilitate the provision of information from importers and manufacturers to the EPA as required by the Hazardous Substances (Importers and Manufacturers) Notice 2015 (Importers and Manufacturers Notice). Compliance with these Terms and Conditions is essential to ensure the integrity and functionality of the Portal.
1.3 Agreement to terms and conditions
By accessing or using the Portal, you agree to be bound by these Terms and Conditions. If you also access or use the Portal as a Business Administrator, you agree to be bound by the Additional Terms and Conditions of Business Administrators set out in clause 3.8.
1.4 Contact information
If you have any questions or concerns regarding these Terms and Conditions, please contact the EPA via email at info@epa.govt.nz, by phone at 0800 225 537, or by mail at Private Bag 63002, Wellington 6140, New Zealand.
2. User registration and access
2.1 User registration requirement
To access and use the Portal, you must register for and obtain a user profile, subject to approval by the EPA.
2.2 Accuracy of registration information
You agree to provide accurate and complete information when registering and to keep such information up to date.
3. User responsibilities
3.1 Confidentiality of login credentials
Your login credentials are for your individual use only, and you must maintain their confidentiality. Sharing of login credentials is prohibited.
3.2 Reporting security breaches
You must notify the EPA immediately if you have concerns that your password or the security of your user profile has been compromised. You must notify the EPA immediately if you become aware of any unauthorised use of your user profile or any other security breach.
3.3 Lawful use of the Portal
You must use the Portal only for lawful purposes, in accordance with and as necessary under the Importers and Manufacturers Notice, and in compliance with all applicable laws, regulations, and these Terms and Conditions.
3.4 Prohibition of compromising activities
You must not engage in any activities that could compromise the integrity, security, or performance of the Portal, including but not limited to hacking, phishing, or spreading malware.
3.5 Accuracy of contact information
You are responsible for ensuring that the contact information you provide to the EPA is accurate and up to date. Failure to do so may result in missed communications. The EPA is not responsible for any damage or loss suffered as a result.
3.6 Accuracy and compliance of information
You are responsible for ensuring that information you enter, upload or submit to the Portal is accurate and compliant with all laws and regulations. The EPA is not liable for any errors or omissions in the information provided by users.
3.7 Responsibility for user activities
You are responsible for all activities that occur under your user profile. The EPA may assume that any activities that occur under your user profile are authorised by you.
3.8 Additional responsibilities for Business Administrators
You may only use the Portal as a Business Administrator if you are authorised to do so by the registered importer and/or manufacturer.
You may only approve, amend or revoke other users’ access to the Portal if you are authorised to do so by the registered importer and/or manufacturer.
If you become aware of any unauthorised use of the Portal by any user, whether or not that user was approved by you in your capacity as Business Administrator, you must immediately:
- notify the EPA; and
- take action as appropriate to revoke or manage that user’s access so as to ensure that the information provided and reported to the EPA via the Portal is accurate.
If at any time you are no longer authorised by the registered importer or manufacturer to act as the Business Administrator, you must:
- cease all activity as Business Administrator for that importer or manufacturer; and
- notify the appropriate representative of the importer or manufacturer.
4. Use of Data
4.1 Confidentiality
The data contained within the Portal is confidential, and may only be used by the EPA for the purposes of administering the Hazardous Substances and New Organisms Act 1996 (HSNO Act) and the Importers and Manufacturers Notice and in accordance with these Terms and Conditions. If you think the information you enter, upload or submit to the Portal contains confidential or commercially sensitive information, please make this clear when providing the information.
4.2 Use of data
The EPA may only use data contained within the Portal for the purposes of administering the HSNO Act and the Importers and Manufacturers Notice and as required by law. The Official Information Act 1982 (OIA) applies to all information held by the EPA. Information may be released under the OIA unless there are grounds to withhold it and subject to any obligation to withhold it in the HSNO Act. Further information on the OIA is at www.ombudsman.parliament.nz.
4.3 Monitoring and enforcement by the EPA
The EPA reserves the right to monitor user activity and enforce these Terms and Conditions, including reporting any illegal activities to appropriate authorities.
5. Privacy
5.1 Collection of personal information
The Portal is provided and maintained by the EPA. In order to do so, the EPA collects information from you which may include personal information. When you create a user profile for the purposes of submitting an application, you must provide the information required by the EPA during the registration process, and it must be correct and up to date. By registering for and using the Portal, you consent to the collection, use, and disclosure of personal information in accordance with these Terms and Conditions and the EPA’s Privacy Policy.
In addition, when you are logged into the Portal, our systems will generate information about your use of the Portal including your login details, and actions you performed while using the Portal.
5.2 Use of personal information
The personal information collected by the EPA through the Portal will be used for the purposes of administering the HSNO Act and Importers and Manufacturers Notice. This may include, but is not limited to, verifying your identity, managing your account, and communicating with you about the information you have provided through the Portal.
5.3 Disclosure of personal information
The EPA may disclose personal information to relevant administering agencies or third parties where necessary to fulfil its legal obligations under the HSNO Act, or where otherwise required by law. Such disclosures will be in accordance with the Privacy Act 2020.
If you are the Business Administrator, your name and status as Business Administrator may be disclosed to other users of the portal, including users outside your organisation.
5.4 Access and correction
You have the right to request access to and correction of any personal information the EPA holds about you. Requests can be made by contacting the EPA at info@epa.govt.nz.
5.5 Data security
The EPA will take reasonable steps to protect the personal information held within the Portal from unauthorised access, use, disclosure, alteration, or destruction. However, you acknowledge and agree that the EPA cannot guarantee the absolute security of your personal information. The EPA shall have no liability for the interception or hacking of any data by unauthorised third parties.
5.6 Retention of information
Personal information collected through the Portal will be retained only for as long as necessary to fulfil the purposes for which it was collected or as required by law.
5.7 Privacy policy
For more detailed information on how the EPA collects, uses, and protects personal information, please refer to the EPA's Privacy Policy.
6. Copyright and intellectual property
6.1 Ownership of content
All content, data, software, text, designs, graphics, logos, images, and other materials available on or through the Portal ("Content") are the property of the EPA or its licensors and are protected by New Zealand copyright laws and international intellectual property treaties.
6.2 License to use
The EPA grants you a limited, non-exclusive, non-transferable license to access and use the Portal and its Content for the purposes of providing information to the EPA in accordance with the HSNO Act and the Importers and Manufacturers Notice. Subject to clause 5.1 and 7.3, any permissible reuse or reproduction or distribution of any Content must:
- be accurate and up to date;
- not be used in an offensive or misleading context; and
- acknowledge the source and copyright of the material.
6.3 License does not apply
This license does not apply to any Portal or EPA logos, or web design elements (including photography and images). These must not be reused, reproduced, or distributed without the express prior written permission of the EPA. This license does not apply to content on other websites that the EPA provides links to. If you wish to use copyright-protected materials from those linked sites, you must obtain permission from the respective copyright owner of that content.
6.4 Information that you upload into the Portal
You warrant that you have the right to use and disclose all information that you enter, upload or submit into the Portal. If you provide any material in which copyright or other intellectual property rights are claimed by a third party, you warrant that you have the appropriate rights to use and disclose that material. By providing any such material, or uploading any information into the Portal, you grant the EPA a non-exclusive, non-transferable licence to use the material and information for the purposes of the fast-track approvals process and the relevant functions, duties and powers under the HSNO Act and the Importers and Manufacturers Notice.
7. Portal content
7.1 Accuracy and updates of information
While the EPA strives to ensure that the information provided by the EPA on the Portal is accurate and current, there may be occasional errors or omissions and the EPA may change, delete, add, or otherwise amend the information without notice. Users should verify information before relying on it for decision-making purposes. Any information provided on the Portal is not in substitution of, or in any way an alteration to, the laws of New Zealand.
8. Limitation of liability
8.1 Disclaimer of warranties
The Portal is provided "as is" and "as available." The EPA makes no representations or warranties of any kind, express or implied, regarding the availability, accuracy, or completeness of the Portal or its content.
8.2 Limitation of liability
To the maximum extent permitted by law, the EPA shall not be liable for any claim, loss, demand or damages of any kind whatsoever (including for negligence, breach of contract or breach of statutory duty), whether direct, indirect, incidental, or consequential, including but not limited to loss of profits, business interruption, or loss of data, arising out of or in connection with your use of or inability to use the Portal.
8.3 Force majeure
The EPA shall in no event be liable for any loss or damage arising from your use of or inability to use the Portal if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, wars, pandemics, or technical failures.
9. Termination of access
9.1 EPA’s right to terminate access
The EPA reserves the right to suspend or terminate your access to the Portal at any time, with or without notice, to ensure the security or integrity of the Portal or if you violate these Terms and Conditions. The EPA may also suspend access to or operation of the Portal for any other reason.
10. Amendments
10.1 Right to amend terms and conditions
The EPA reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on the Portal, and you will be prompted to re-accept amended terms during a log-on process.
11. Governing law
11.1 Application of New Zealand law
These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.
11.2 Jurisdiction for disputes
Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the New Zealand courts.
12. Severability
12.1 Partial invalidity
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining provisions, which shall continue in full force and effect.