Member Terms

Go to MBIE MIQ terms

Please read these Terms carefully, they contain important information about your rights and obligations. You can print them by clicking on the print icon on your browser. If you have any questions about these Terms, please email: support@jnctn.nz.

Capitalised terms used in these Terms have the meanings given to them at the end of this document, unless defined otherwise throughout.

Membership

Membership of the Powered by JNCTN identity and credential management solution (the JNCTN Solution) is established when you agree to these Terms and your membership subscription fee is paid. Your membership expires if the membership subscription renewal fee is not paid. The membership subscription fee is not refundable in part or in full under any circumstances. During the period of your membership, you shall have the personal right to access and use the JNCTN Solution, provided you strictly adhere to these Terms.

You will be issued with one Token (by us or by your employer or contracting organisation). If you lose or damage your Token and replacement Token(s) are required, these are chargeable at $12.50 (plus GST) per Token. We will invoice you for all such costs.

Accuracy Of Your Information

You must ensure, to the best of your knowledge, that all information held by the JNCTN Solution about you is true and accurate. If at any time you become aware that information held is inaccurate, you must take all reasonable steps to correct it immediately. You must also ensure that any information held by us on your behalf as part of the JNCTN Solution does not infringe the intellectual property rights of any third party.

Privacy

The JNCTN Solution only holds Personal Information that you have provided to us, or that has been provided by others and authorised by you (including information provided by a Credential Issuing Organisation and, if applicable, your employer or contracting organisation).

We will hold your Personal Information in accordance with our privacy statement (available at https://www.jnctn.nz/privacy) and the Privacy Act 2020. Our Privacy Statement forms part of these Terms.

Your Personal Information is used to provide services to you and to others whom you have authorised (either in these Terms or otherwise) to have access to your Personal Information.

By agreeing to these Terms, you are authorising:

  1. us to share (via the JNCTN Solution) the identity and Credential information on your Token with organisations and individuals who wish to utilise your services, check your identity and/or undertake a Credential check using the JNCTN Solution, each time you email a link to your Credentials or scan your Token;
  2. us to collect from your current employer or contracting organisation (as applicable) who is also a user of the JNCTN Solution, and such employer or contracting organisation to share with us, your individual Credentials and any other relevant information to enable us to establish, add to, amend or update your Credentials and any other details displayed within the JNCTN Solution;
  3. us to provide reports or notifications to your current employer or contracting organisation (who is also a user of the JNCTN Solution) regarding your Credential records; and
  4. us to collect from any Credential Issuing Organisation who is also a user of the JNCTN Solution, and any such Credential Issuing Organisation to share with us, your Credentials and records to enable us to establish, add to, amend or update your Credentials displayed within the JNCTN Solution.

The authority given by you, as stated above, is also given by you for the benefit of your employer/contracting organisation, verifying personnel at whose site you are attending, or a Credential Issuing Organisation (as applicable) and you accept that each of those organisations are entitled to rely upon that authority in giving us information about you.

Personal Information that you provide to us as part of your user profile (i.e., information that is not included on your Token, such as address, and contact details) will not be shared by us unless you specifically authorise it or disclosure is required by law (including as required to fulfil any notification or reporting obligations and any access directions imposed on us by a Government agency). You acknowledge and accept that your authority may be given through your use of the technology features of the JNCTN Solution.

We will use your information to communicate with you about our services and the JNCTN Solution (e.g., for the purposes of notifying Credential expiry).

We may use your information to communicate with you or related services offered by us and/or related parties. You can choose to opt in to receive communications about related services by ticking the opt-in option after agreeing to these Terms.

We will securely store your user profile information and will endeavour to ensure that it cannot be accessed by anyone that you have not authorised to access it.

Except as specified in these Terms, we will not share, sell, distribute or use your Personal Information without your permission, unless required to do so by law.

You can view the Personal Information we hold and make changes to this information by logging into the user ID and password protected portal and using the ‘edit profile’ function. You can take copies of your personal information held by us at any time by using the portal. If you need assistance in accessing and updating or correcting your personal information, contact us by email: support@jnctn.nz.

We will retain your Personal Information as long as you have rights to access and use the JNCTN Solution. We will automatically delete your Personal Information from our systems after 24 months if your membership is not renewed, or earlier if requested by you or elected by us.

We may use your information in aggregate form to analyse our services, to offer services to others or for other business-related purposes. If your information is used in this aggregated way, it will not be possible for you to be identified or information that can be linked to you to be disclosed.

Managing Other Peoples Information

There are roles; Administrators, Credential Issuers within the JNCTN Solution that provide the ability to add/delete or modify someone else’s Personal Information.  If you are assigned one of those roles, it is your responsibility to ensure that any actions you take in respect of someone else’s Personal Information are undertaken only as required by your role and otherwise in accordance with all laws (including all applicable privacy laws).  You must also ensure that the individual whose information is being processed has provided their consent to the relevant actions.

Security

You are responsible for the security of your Token. You must not allow others to use your Token for any purpose. You must notify us immediately if your Token is lost or stolen. We may levy a fee for replacement Tokens.

You must keep your password confidential and safe. Your password must not be shared or accessible to anyone else.

You must not do anything to try and circumvent the security measures of the JNCTN Solution including (without limitation) trying to access information that you are not entitled to. You also must not seek to overload or interfere with the JNCTN Solution. If you do these things, we may in addition to any other legal rights, suspend or immediately terminate your membership.

You acknowledge that we may monitor your use of JNCTN Solution to detect any inappropriate use and to assist us to improve our security and quality.

We will hold your user profile and Credentials details in Microsoft Azure (or such other data centre elected by us from time to time). All data in transit is transported over encrypted channels using TLS encryption.

Liability

You agree that, except to the extent that liability is unable to be excluded by law:

We will not have any liability or responsibility to you under or in connection with these Terms, or in connection with our services, regardless of whether such liability arises in contract, tort (including negligence, equity, breach of statutory duty or otherwise).

We will not have any liability or responsibility in respect of any or all loss or damage, whether direct or indirect; including loss of profits, loss of data, loss of business or anticipated savings, general/special damages and consequential/incidental loss.

Disclaimer

You understand and agree that while we take all reasonable steps to ensure the solutions we provide are fit for purpose:

  1. Your use of the JNCTN Solution is at your sole risk.
  2. We disclaim and exclude all implied conditions and/or warranties; including any warranties that the JNCTN Solution is fit for a particular purpose.
  3. We do not warrant that the services provided or the JNCTN Solution will be uninterrupted or error free.
  4. No advice or information that is obtained by you through the JNCTN Solution or from us, or anyone else, shall create any warranty by us that is not expressly stated in these Terms.

Indemnity

You agree to indemnify us and keep us indemnified from and against all actions, claims, costs (including legal costs and expense) losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your breach of these Terms (including the cost of replacing any Token that you fail to return in accordance with these Terms) or other misuse or unauthorised use of the JNCTN Solution.

Membership Termination

You may terminate your membership at any time on notice to us.

Your membership will immediately terminate if you or your employee or contracting organisation fail to pay the membership subscription renewal fee.

We may also elect to suspend or terminate your membership where we consider (acting reasonably) that you have materially breached these terms. Without detracting from this right, we may also suspend your access and use while we are investigating any suspected breach of these Terms.

The membership subscription fee is non-refundable in part or in full under any circumstances, including where your membership is terminated before the expiry of the relevant subscription period.

You must immediately return your Token to us upon termination of your membership.

General Conditions

  1. Amendment: We reserve the right to amend these terms by notice in writing to you, and where we do, we will endeavour to give you reasonable notice of the change, however we reserve the right to do it immediately if we consider the amendment necessary and urgent. Where the amendment impacts the privacy and or security sections of these Terms and has a material adverse effect on you, you may terminate your membership, provided that:
    1. you must do this within 7 days of being notified of the amendment and give us 7 days notice of termination (the Notice Period); and
    2. in the Notice Period, we may in our sole discretion, choose to abandon the amendment(s).
  2. System performance: We will endeavour to provide uninterrupted availability of the JNCTN Solution (taking into account occasional downtime for maintenance requirements). We will not be responsible for any loss that is incurred because of the JNCTN Solution not being available.
  3. Force Majeure: We will have no liability for lack of performance, failure or unavailability of our JNCTN Solution or for any failure by us to meet compliance with these Terms where the same arises from any cause reasonably beyond our control.
  4. No waiver: Failure by us to exercise or enforce any right available to us under these Terms does not constitute a waiver of those rights.
  5. Partial invalidity: In the event that any provision of the Terms is held to be invalid for any illegal reason, the provisions shall be removed from the remaining Terms which shall remain in full force and effect.
  6. Entire agreement: These Terms and the information you provide during the online registration process form the entire agreement between you and us.
  7. Law: This agreement is governed by New Zealand law.

Definitions

Personal Information - any information about an identifiable individual, including address, contact details and emergency contact information.

Credentials - Inductions, Courses, Licences, Qualifications and Assessments.

Credential Issuing Organisation - any organisation that is authorised to update your information in the JNCTN Solution with the details of issued Credentials that they have provided to you. Including but not limited to; Inductions, Courses, Licences, Qualifications and Assessment Credentials.

Terms means these terms and conditions together with the JNCTN Privacy Statement (available at https://www.jnctn.nz/privacy).

Token - the identity card supplied to you by JNCTN (or some other equivalent we make available as an alternate).

Verifying Personnel – Individuals who are required to verify an identity and/or a set of Credentials to meet a business criteria to complete a defined task.

We, our or us - JNCTN Limited.

Last Updated November 2021

MBIE MIQ Perimeter Credential Management System

Please read these Terms of Use carefully, they contain important information about your rights and obligations. You can print them by clicking on the print icon on your browser. If you have any questions about these Terms of Use, please email: support@jnctn.nz

Capitalised terms used in these Terms of Use have the meanings given to them in under the heading "Definitions", unless defined otherwise throughout.

Application of Terms of Use

  1. Access to the JNCTN Perimeter Credential Management System (the "System"), the Website and receipt of the Services is governed by these terms and conditions and include the incorporated Privacy Statement and Copyright Statement ("Terms of Use"). By accessing and using the System, Website or Services you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must not register for, or use, the System, the Website or any of the Services.
  2. These Terms of Use may be changed from time to time. Changes will be posted on the Website. You accept that your use of the System after changes have been posted will be deemed to be your agreement to the modified Terms of Use. Every time you wish to use the System, please check the Terms of Use to ensure you understand the Terms of Use that apply at that time.

Definitions

In these Terms of Use:

  1. Content means: All information and material contained on the System and/or Website.
  2. Personal Information means: Information about an identifiable, living person.
  3. Services means: The services offered as part of the System.
  4. Underlying System means: Any network, system, software, data or material that underlies or is connected to the Website or System.
  5. User ID means: A unique name and/or password provided by, or allocated to you to allow you to access certain parts of the Website and the System.
  6. We, us or our means: The Ministry of Business, Innovation and Employment, or such other agency that becomes responsible for managing the System, as notified to you from time to time.
  7. Website means: The System website: https://miqf.jnctn.nz
  8. “You”, “Your” or “User” means: Any user of the System, who may or may not also be a registered User.

System operation and access

  1. The System is available for Users to obtain Credentials, have their identity verified, and demonstrate they hold Credentials.
  2. You must set up an Account in order to access the System. An Account can only relate to a single, named individual. Accounts cannot be transferred to other people.
  3. Once you have set up an Account, the System is accessible using your User ID and password, and you will be able to enter certain information into the System.
  4. Where appropriate we may contact you via telephone, e-mail, or text message regarding your use of the System or the Services, including for additional information or clarification.

Your obligations

  1. You must provide true, current, and complete information in your dealings with us, including when setting up an Account. You must promptly update that information as required so that the information remains true, current, and complete at all times.
  2. You must keep your User ID and password secure and:
    1. not permit any other person to use your User ID or password; and
    2. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID or password, by contacting your employer admin if you are a worker or the MIQF manager if you are a security officer.
  3. You must:
    1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature or material that is malicious or technologically harmful) that in any way compromises, or may compromise, or places an unreasonable or disproportionately large load on the Website, the System or any Underlying System, or otherwise attempt to damage or interfere with the Website, System or any Underlying System;
    2. not attempt to gain unauthorised access to the System or any Underlying System, including the server on which the System is stored or any server, computer or database connected to the System;
    3. not use the System for any unlawful purpose or in a way which breaches any third party’s rights;
    4. not make modifications to the Website, System or Underlying System;
    5. not test, scan or circumvent the security of the Website, System or Underlying System;
    6. not use any scraping, deep-linking, harvesting, or data mining robot or spider, automation, or any similar data gathering, extraction or monitoring method with respect to the Website or System; and/or
    7. access the Website via standard web browsers only, and not by any other method, unless we agree otherwise.
  4. When using the System, you warrant that:
    1. you have obtained all necessary permissions, consents and approvals to use the System; and
    2. all the information you have provided is complete, accurate and current.
  5. You acknowledge that you are responsible for all your actions in relation to the System and acknowledge that such use is at your sole risk.

Service Security

  1. We will use reasonable care to ensure that up to date versions of reputable third party anti-virus and anti-malware software are implemented for the System. Notwithstanding the above, you carry out any transactions or communications at your own risk.
  2. You are responsible for configuring your information technology, and computer programmes to access the System. You should use your own virus and malware protection software.

Intellectual Property

  1. All copyright and other intellectual property rights in the System, Website and Content is governed by our Copyright Statement. In agreeing to these Terms of Use, you will be taken to have read and agreed to the terms of that Copyright Statement.
  2. Your ability to access the System under these Terms of Use does not constitute and shall not be interpreted as any transfer to you of intellectual property rights, or licence to you of any proprietary or intellectual property rights in the System or Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), Content or the Underlying Systems.

Disclaimers

  1. If you are a consumer, you have rights under the Consumer Guarantees Act 1993 which cannot be excluded or limited. Nothing in these Terms of Use will affect those statutory rights.
  2. The Website, System and Services are provided to you on an “as-is” basis and you access Website and System at your own risk. To the extent permitted by law, we do not represent, warrant or guarantee to you (either expressly or impliedly) that:
    1. the Website, System and/or Services will be continuously available to you. The accessibility and operation of the System relies on technologies which are not under our control. The System will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons;
    2. that your use of, or access to the System, Website or the Services will be uninterrupted, timely, secure, free of bugs or defects, free from human tampering or intervention, free from virus or other malicious, destructive or corrupting code, programme or macro, free from transmission errors or otherwise error-free;
    3. the System or Services will be compatible, or suitable for use, with the User's browser or its information technology equipment and systems;
    4. any Content or other information made available through the Website or System is accurate, current, complete or reliable;
    5. and/or the Website, System or Services will not contain any viruses or other forms of interference which may damage your computer system or expose you to fraud. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and System protects you from this.
  3. We make no representation or warranty that the Website or System is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and System is not illegal or prohibited, and for your own compliance with applicable local laws.
  4. Links to other websites provided on the Website or through the System are provided for convenience only. We do not endorse, approve or recommend, or take responsibility for, any sites linked from the Website or their contents, operations, products or operators.

Liability

  1. If you are a consumer, nothing in these Terms of Use, including in this clause affects any rights or remedies you might have under the Consumer Guarantees Act 1993.
  2. Without limiting any rights you may have under the Consumer Guarantees Act 1993, but otherwise to the maximum extent permitted by law, we are not liable or responsible to you or any other person for any claim, loss, or damage arising under or in connection with your access and use of (or inability to access or use) the System or Website.

Privacy and Official Information

  1. Our treatment of your Personal Information is described in our Privacy Statement. In agreeing to these Terms of Use, you will be taken to have read and agreed to the terms of that Privacy Statement.
  2. Notwithstanding anything in the Privacy Statement, you acknowledge and agree that we may be required to release information under the Official Information Act 1982 or any other law.

Suspension

  1. We reserve all rights to suspend, discontinue, deny or restrict access to the System or Website by any particular person at any time, for any reason at our sole discretion without notice or liability.
  2. We reserve all rights to block access from any internet address to the System or Website, at any time, for any reason at our sole discretion.
  3. Suspending, denying, discontinuing, or restricting access does not remove any pre-existing contractual obligations or liability which the User has to us or any other User.
  4. On suspension, denial or restriction of access, you must immediately cease using the System and Website and must not attempt to gain further access.

General

  1. If we need to contact you, we may do so by using the email connected to your Account or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
  2. These Terms of Use are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts in the determination of any dispute arising under these Terms of Use or your use of the Website, System or Services.
  3. Any waiver by us of a right under these Terms of Use must be in writing.
  4. Any failure or delay in exercising any right or remedy available to us under these Terms of Use, will not prejudice our rights in exercising that or any other right or remedy at any future time.
  5. If any part or provision of these Terms of Use is determined by a court or other competent authority to be illegal, unenforceable, void, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms of Use. The remainder of these Terms of Use will remain binding on you.
  6. These Terms of Use are the entire agreement between us relating to your use of the Services and Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms of Use.


Privacy Statement

The System only holds Personal Information that you have provided, or that has been provided by others and authorised by you, including information provided by a Credential Issuing Organisation (such as the Ministry of Business, Innovation and Employment and the Ministry of Health) and, if applicable, your employer or contracting organisation.

We will hold your Personal Information in accordance with this Privacy Statement and JNCTN’s overarching Privacy Statement (available at https://www.jnctn.nz/privacy) and the Privacy Act 2020. JNCTN’s privacy statement forms part of these Terms of Use.

Your Personal Information is used to provide services to you and to others whom you have authorised (either in these Terms of Use or otherwise) to have access to your Personal Information.

By agreeing to these Terms of Use, you are authorising:

  1. JNCTN to share (via the System) the Identity and Credential information on your Token with organisations and individuals who wish to utilise your services, including MBIE, check your identity and/or undertake a Credential check using the System;
  2. JNCTN to collect from your current employer or contracting organisation, or MBIE (as applicable) who is also a user of the System, and such employer or contracting organisation or MBIE, to share with us, your individual Credentials, and any other relevant information to enable JNCTN to establish, add to, amend or update your Credentials and any other details displayed within the System;
  3. JNCTN to provide reports or notifications to your current employer, contracting organisation, and/or MBIE (who is also a user of the System) regarding your Credential records; and
  4. JNCTN to collect from any Credential Issuing Organisation who is also a user of the System, and any such Credential Issuing Organisation to share with us, your Credentials, and records to enable us to establish, add to, amend or update your Credentials displayed within the System.

The authority given by you, as stated above, is also given by you for the benefit of your employer, contracting organisation and MBIE, including for the purpose of verifying personnel at an MBIE MIQ site you are attending, or a Credential Issuing Organisation (as applicable) and you accept that each of those organisations are entitled to rely upon that authority in giving JNCTN information about you.

Personal Information that you provide to JNCTN as part of your user profile (i.e., information that is not included on your Token, such as address, and contact details) will not be shared by JNCTN unless you specifically authorise it or disclosure is required by law (including as required to fulfil any notification or reporting obligations and any access directions imposed on us by a Government agency). You acknowledge and accept that your authority may be given through your use of the technology features of the System.

JNCTN will use your information to communicate with you about JNCTN services and the System (e.g., for the purposes of notifying Credential expiry).

You can view the Personal Information JNCTN hold and make changes to this information by logging into the User ID and password protected portal and using the ‘Edit profile’ function. You can take copies of your personal information held by JNCTN at any time by using the portal. If you need assistance in accessing and updating or correcting your personal information, contact us by email: support@jnctn.nz

JNCTN will retain your Personal Information as long as you have rights to access and use the System and will be maintained in the system as an active user for an indefinite period unless instructed by the Ministry to remove earlier.

JNCTN may use your information in aggregate form to analyse its services, to offer services to others or for other business-related purposes. If your information is used in this aggregated way, it will not be possible for you to be identified or information that can be linked to you to be disclosed.

Copyright and disclaimer

The System (“JNCTN”) is used by the Ministry of Business, Innovation and Employment (“MBIE”).

MBIE endeavours to the best of its ability and knowledge to ensure that the information on MBIE websites is accurate and current.

The information provided on this website does not replace or alter the laws of New Zealand, or alter any other official guidelines or requirements.

The information provided on this website does not replace or alter the laws of New Zealand, or alter any other official guidelines or requirements.

Links to third party websites

MBIE does not accept any liability for the accuracy or content of information on this website that belongs to third parties; nor for the accuracy or content of any third-party website that you may access via a hyperlink from this site.

Links to other websites should not be taken as endorsement or recommendation of those sites or products offered on those sites. This includes websites that may host our content. We don't endorse advertising, related material, or other content you may view on such sites while accessing our content.

Use of MBIE trademarks

The MBIE logo, and any other MBIE trademark or logo, may not be used on your site without our prior written permission.

Last Updated November 2021

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