Terms of use

Seafood New Zealand Limited, through OpenSeas, provides and manages an on-line information portal consisting of content, images, video, graphics, documents and reference materials.

Seafood New Zealand is willing to provide open access to use of the content and assets (imagery, video, graphics and documents) subject to your acceptance of these Terms of Use. Please read these Terms of Use carefully because by downloading and/or using the content and/or assets, you will be deemed to have;

• accepted these Terms of Use.
• agreed to respect the Guiding Principles of the OpenSeas programme.
• understand your legal obligations to use the assets of the programme in compliance with all applicable consumer and trade law.

Disclaimers:

• Seafood New Zealand expressly disclaims all liability for any losses, costs, or expenses incurred directly or indirectly by any party as a result of reliance upon or use of the programme.
• The programme is informative only and not to be relied upon to assert any legal, regulatory or trade status.
• The programme does not purport to include all the information available on New Zealand seafood or the fishing activities it supports. Other publicly available information may be used by an entity to make an informed decision or deduction about the industry.
• Nothing in the programme will of itself be construed as creating any binding contract between the programme and any user, reader or interested party.
• The mention of specific companies or products does not imply that these have been endorsed or recommended by the programme in preference to others of a similar nature that are not mentioned.
• You may not modify any asset and you acquire no right in the assets other than the right to use them in accordance with these Terms of Use.

You and only you are authorised to use the assets on a revocable, royalty free, non-exclusive, non-sublicensable and non-transferable basis subject to the following conditions:

• All content and assets must only be used for purposes related to New Zealand seafood products and services.
• All assets must not be used for any paid advertising.
• All assets must not be used past the expiry date of the asset, which is the date the asset is withdrawn from the programme.
• You must acknowledge the programme in any use of the assets.
• Unless this licence is earlier terminated by Seafood New Zealand, your right to use the assets will expire on the expiry date of the asset.
• On termination or expiry of this licence you must stop using the assets.
• You are responsible for ensuring all assets are current. We recommend you sign-up for e-newsletters so we can inform you of updates to assets.
• You warrant that you shall not at any time take any step or make any omission that brings the reputation or good standing of the author of the asset, Seafood New Zealand, the OpenSeas programme, programme partners or New Zealand into disrepute.

Seafood New Zealand reserves the right to terminate this licence with immediate effect if it determines, at its sole discretion, that you have breached these Terms of Use.

The images are protected under copyright and other laws of New Zealand, international conventions and similar laws abroad. Copyright and other intellectual property rights in the images is owned or controlled by Seafood New Zealand or its licensors.

The Brand New Zealand Fern is a registered trade mark owned by the New Zealand Way and although it appears in some images, you are not granted a licence to use the FernMark in any way under these Terms of Use. However, New Zealand export companies can now apply to use the FernMark on their products under the New Zealand FernMark Licence Programme. To be granted a licence, companies need to meet the programme’s criteria.

You will defend and indemnify Seafood New Zealand against all costs, expenses and damages incurred in connection with any claim against Seafood New Zealand arising out of or related to: (a) a breach by you of these Terms of Use; (b) the use of the content and/or assets either alone or in combination with any other material; or (c) any claim by a third party related to the use of the content and/or assets either alone or in combination with any other material.

The assets are provided to you on an “as is” basis. Seafood New Zealand does not give any warranty or other assurance as to the accuracy, availability, completeness or fitness for any particular purpose of the content and/or assets. To the fullest extent permitted by law, Seafood New Zealand disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages or loss of business, loss of profits or savings, direct and indirect or consequential damages or loses) arising in contract, tort (including negligence) or otherwise from the use of, or inability to use the content and/or assets or from any action or decision taken as a result of using the content and/or assets. If Seafood New Zealand becomes liable to you for any form of loss or damage, Seafood New Zealand’s liability to you arising out of all claims for loss or damage under these Terms of Use will not exceed in aggregate $1.00.

These Terms of Use may be modified from time to time by Seafood New Zealand and will be governed and interpreted in accordance with the laws of New Zealand.