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Terms of use for the Electricity and Gas High Risk Database, and the Gas Appliance Supplier Declaration of Compliance Database.

Terms of use

What you need to know to access our services and operate an account with WorkSafe New Zealand.

These terms and conditions set out what is required when you use our online services. They help to ensure the information you provide to us is kept secure, and that the information that is required to be made available to the public is accurate and as up to date as possible.

You are being asked to agree to these terms and conditions for the use of our services, so please read them carefully and ensure you understand them. If you choose to accept them and continue on to create an account, these terms and conditions will form an agreement between you and WorkSafe.

Access to our services

Access to our services is governed by your RealMe login which provides us with security over access to our sites and identifies who you are.

You are responsible for keeping your RealMe user name and password confidential. Any actions on our sites from your RealMe login name and password will be considered by us to have been made by you. RealMe lets you access our systems and connects you to your user account with WorkSafe.

Your user account then provides us with associated information, including:

  • details about you - for example, your email address;
  • organisations you are linked to (if any);
  • details you are authorised to edit on the site - for example, high-risk electricity or gas records; and
  • whether you have been delegated the authority to act on behalf of any other user(s).

If you choose to delegate authority to other users to use our services on your behalf, those users will need to obtain their own RealMe login before they can activate their user account with us.

Our commitment to you

If you agree to our terms of use, we will use all reasonable care and skill to:

  • provide online services that are easy to use, with online help and tutorial facilities;
  • make these services available to you as close to 24 by 7 as we can;
  • provide you with voice and email support from WorkSafe during normal business hours (except for public holidays);
  • keep secure from unauthorised access all non-public information stored on our services;
  • only allow authorised users access to amend information you have provided to us; and
  • ensure that information we provide about our services is kept up to date.

WorkSafe does not accept any responsibility or liability for any loss, including any costs and expenses, you incur in connection with your use of these services.

Your commitments to us

The purpose of your commitments to us (set out below) is to protect the integrity and security of our services, as well as the integrity and security of the information provided by you and other people who use our services. Please appreciate that if you do not honour your commitments, third parties may be able to undertake actions apparently on your behalf that may cause loss to you or other people, and for which those other people may try to hold you responsible.

You agree that you will:

  • abide by the terms of use governing your use of the Realme login service(external link) that you use to access our services;
  • not knowingly or recklessly use, or attempt to use, any of our services for a purpose for which it was not intended, including any unlawful purpose; and
  • notify WorkSafe immediately if you know, or have reason to believe, that there has been, or is about to be, fraudulent or other unlawful use of any of our services.

If you grant delegated authority to allow another user to access our services on your behalf, you agree to:

  • acknowledge that you are granting that user the right to make use of our services on your behalf, including but not limited to, the creation or amendment of high-risk electricity and/or gas records; and
  • accept that any action performed by that user that you have granted delegated authority to, is in effect acting on your behalf and that in doing so you are responsible for any actions they make on your behalf.

If you accept delegated authority to make use of our services on behalf of another user, you agree to:

  • acknowledge that you are accepting the right to make use of our services on their behalf, including but not limited to, the creation or amendment of high-risk electricity and/or gas records, periodic inspections and gas supplier declaration records; and
  • acknowledge that any action performed by you in relation to any delegated authority you have been granted, is made by you knowing that you are acting on behalf of the user who has granted you that authority.

Email addresss

We will not disclose your email address to third parties. The email address you supply, however, may be used to update you with information regarding our services. 

Suspension of account

For the protection of users, other people or WorkSafe, we may suspend or disable your account without notice to you if we consider that:

  • disabling your account is necessary to maintain the integrity or security of our services or any organisation or person; or
  • the account is being misused or has otherwise been compromised; or
  • you breach these terms of use.

Where appropriate, we will notify you of any suspension or disabling of your account as soon as practicable after doing so.

Unlawful access or use

If you knowingly access or use, or attempt to access or use, any of our services for an unlawful purpose (including but not limited to fraud or attempted fraud or hacking or attempted hacking), you will be liable to pay any party (or WorkSafe on its behalf) the amount of the loss suffered by them caused directly or indirectly by your unlawful actions. For the avoidance of doubt, this clause is not intended to confer benefits enforceable by third parties under the Contracts (Privity) Act 1982.

Privacy

The privacy statement for our services applies to your personal information collected by WorkSafe. By registering for an account and agreeing to these terms of use, you will be taken to have read and agreed to the terms of that privacy statement. As such, please ensure you have read and are comfortable with it before agreeing to these terms of use.

Disputes

If you have a dispute with WorkSafe in connection with these terms of use or any of our services you must first call WorkSafe. Both you and WorkSafe will use all reasonable efforts in good faith to resolve the dispute. If you and WorkSafe are unable to resolve the dispute to your satisfaction, you may ask that your dispute is escalated  to the appropriate WorkSafe representative.

WorkSafe will then promptly contact you and will endeavour to resolve the dispute with you. If, following such escalation, the dispute is still not resolved to your satisfaction you may take such action as you consider appropriate, such as making a complaint to the Ombudsman(external link) or commencing legal proceedings.

Invalidity or unenforceability

If any of these terms of use or their application to any person or circumstances is, to any extent, held to be invalid or unenforceable:

  • the remainder of these terms of use or the application of such terms of use to any other person or circumstances shall not be affected; 
  • each term shall be valid and enforceable to the extent permitted by law; and 
  • the invalid or unenforceable term will be deemed to be amended to reflect, as nearly as possible, the original intention (as determined from this website). 

Protection of Personal and Property Rights Act 1988

Under the Protection of Personal and Property Rights Act 1988 a court can appoint an administrator, welfare guardian or manager in respect of certain persons, their property or affairs. Where the Act or an order made under it permits use of an account contrary to these terms of use, the administrator, guardian or manager must use the account only to the extent permitted under that Act or order.

Minors' Contracts Act 1969

If, under the Minors' Contracts Act 1969, any of these terms of use is held not to be fair and reasonable, then that term or condition will be deemed to be amended in relation to the relevant user to reflect the original intention (as determined from this website) as nearly as possible, but so as to be fair and reasonable.

Amendments to terms of use and privacy statement

We can revise these terms of use and the privacy statement from time to time. We will advise you of any changes by a notice on this website. Your continued use of our services through the act of making use of your account with us, indicates your acceptance of those changes.

Public information

WorkSafe is required to make some information supplied by you, available to the public. This includes the name and registration number of the person supplying the high-risk electricity and gas record and the name of the gas supplier making the declaration record, and this information may appear when searched on the internet.

Ending the agreement

Either party may end the agreement by notifying the other party. Please note that ending the agreement will not result in the removal of information that you have supplied that WorkSafe is required to make available to the public.

If you want to end the agreement you have with us, please call WorkSafe on 0800 030 040 or write to us at:

WorkSafe New Zealand
PO Box 165
Wellington 6140
New Zealand
Attention: Energy Safety

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