Terms of use

Terms of Use: 

By submitting a WHOIS query you are entering into an agreement with Domain Name Commission Ltd on the following terms and conditions, and subject to all relevant .nz Policies and procedures as found at https://dnc.org.nz/. It is prohibited to:

• Send high volume WHOIS queries with the effect of downloading part of or all of the .nz Register or collecting register data or records;
• Access the .nz Register in bulk through the WHOIS service (ie. where a user is able to access WHOIS data other than by sending individual queries to the database);
• Use WHOIS data to allow, enable, or otherwise support mass unsolicited commercial advertising, or mass solicitations to registrants or to undertake market research via direct mail, electronic mail, SMS, telephone or any other medium;
• Use WHOIS data in contravention of any applicable data and privacy laws, including the Unsolicited Electronic Messages Act 2007;
• Store or compile WHOIS data to build up a secondary register of information;
• Publish historical or non-current versions of WHOIS data; and
• Publish any WHOIS data in bulk.

Copyright Domain Name Commission Limited (a company wholly-owned by Internet New Zealand Incorporated) which may enforce its rights against any person or entity that undertakes any prohibited activity without its written permission. The WHOIS service is provided by InternetNZ.

1. By clicking ‘I AGREE’, or using the online dispute resolution service (ODR) the parties are taken to agree to the terms notified below and to accept the use of information as set out in the privacy statement as notified on the website of the Domain Name Commission (DNCL).
2. Users of ODR have agreed that the automated bidding tool may be utilised by the parties and failing settlement under that process the Domain Name Commission (DNCL) may appoint a person to act as a coach to provide support to the parties to reach an agreement on the domain name(s) in dispute. Alternatively, or in addition, the parties may take up the option of mediation at which time a separate agreement will be entered as an agreement to mediate on the ODR platform.
   
   
3. DNCL is not a law practice and you have not received, and will not receive, any legal advice from the DNC group in connection with the services, including from any of its contractors including any coaches or employees.
   

   Role of the coach and the parties
   

4. Negotiation is a voluntary process in which parties work together to reach an agreement to find a solution to a dispute.  Negotiation is entirely without prejudice to the parties’ positions on their disputes.
   
   If requested, a coach will help the parties by: identifying the issues and concerns, and exploring options.
   
   The coach will: be neutral and impartial, and treat the parties in an even-handed way.
   
   The coach will not: give legal or professional advice to either parties, or guide towards a decision.
   

   Conflicts of interest

5. The coach will not act in any negotiation where he or she has a personal interest in the matters in dispute. Prior to accepting an appointment, the coach will disclose any dealings or acquaintance with any of the parties or knowledge of the dispute.  If the coach discloses any circumstances that might be considered to affect the coach’s capacity to act impartially, he or she will not act unless the parties both agree that he or she may do so.  If the parties do not agree the DNCL will appoint another coach.
   
   
6. If in the course of the negotiation the coach becomes aware of any circumstances that might be considered to affect the coach’s capacity to act impartially, the coach must cease to act as a coach unless the situation permits the coach to inform the parties of those circumstances and the parties both agree that the coach may continue to negotiate. 
   

   Co-operation of the parties

7. The parties agree to take part in the negotiation in good faith and to try to settle their dispute in the time allowed for the negotiation. 
   
   
8. The parties will conduct themselves in a reasonable manner and refrain from undertaking conduct that will be harmful to any other participant.
   
   
9. The parties agree to comply with any rules of use or code of conduct in place and acknowledge that they may be excluded from ODR at the discretion of the DNCL.
   

   Online dispute resolution

10. The coach, any mediator involved, and the parties will rely primarily upon the online dispute resolution platform (ODR) to communicate and to participate in the negotiation process. Each party agrees not to have another person in the room or within hearing distance when using any communication video conferencing technology to participate in the negotiation.  
    
    
11. Each party agrees to take all reasonable measures to ensure that they are not interrupted during any video conferencing mediation session.  
    
    
12. Each party agrees to use a secure Wi-Fi or Ethernet (hard-wired) connection for their computer.
    
    
13. Each party agrees that they will not allow any audio or video recording of any mediation session or portion thereof.  In the event that you learn of an audio or video recording of any session, they will take measures to destroy the recording and will not disseminate the recording to any third parties.  In addition, each party further agrees that they will not transmit a live or deferred video or audio relay of the online sessions to third parties.
    
    
14. Each party commits to minimising the chance of inappropriate disclosures, including protecting access to any e-mails, notes or other information relating to the negotiation which may be stored in their computers or elsewhere, and to minimising the consequences of any such disclosures should they occur.
    
    
15. Each party specifically agrees to the coach and any mediator involved using information and communication technologies in the context of the negotiation and mediation and releases the coach from any liability in the event of any inadvertent disclosure.
    
    
16. The DNCL is not obliged to provide continuous service. The DNCL can withdraw or terminate the service anytime at its discretion.
    

    Confidentiality of the negotiation process

17. The negotiation shall be confidential as between the parties, the coach and DNCL.  If the parties do not negotiate a settlement but consent to proceeding to mediation, information relating to the negotiations may be shared with the mediator with the consent of the parties.
    
    
18. Neither the DNCL, the coach nor either of the parties may reveal details of the negotiation to any third parties unless a court or decision-making body of competent jurisdiction orders disclosure, or the DNCL, the coach or either of the parties is otherwise required to do so by applicable laws or regulations. 
    
    
19. Neither of the parties shall use any information, document or record of any kind obtained during negotiation for any ulterior or collateral purpose or include it in any submission or evidence likely to be seen by any court or other decision making body in this dispute or any later dispute or litigation.  However the fact of negotiation may be referred to by either party in subsequent court or equivalent proceedings.  The parties acknowledge that after the end of the negotiation, the coach may destroy any notes made during the process. 
    
    
20. Neither of the parties may ask the DNCL (including its officers, employees, contractors, agents and any  mediator or coach) to reveal information or materials gained as a result of any informal negotiation under the dispute resolution service unless such disclosure has been ordered by a court or decision-making body of competent jurisdiction. Neither party shall call the coach, mediator or the DNCL (including its officers, employees, contractors, or agents) as a witness (either in person or to produce documents or other materials) in any proceedings which arise from, or are in connection with, the matters discussed in the negotiation.

    Negotiated settlement agreement
    

21. If agreement is reached during negotiation or mediation, the existence, nature and terms of the settlement shall be confidential as between the parties, the coach, any mediator involved and DNCL, unless the parties specifically agree otherwise, a court or equivalent body of competent jurisdiction orders otherwise, or applicable laws or regulations require it. 
    
    
22. No binding verbal agreements can be reached as part of the negotiation: any negotiated settlement agreement reached by the parties must be in writing to be enforceable.  The Domain Name Commissioner has a template settlement agreement that the parties may use at their discretion.
    
    
23. The parties must satisfy themselves that any written negotiated settlement agreement accurately represents their intention and sign it within two working days after the end of the negotiation. 
    

    Termination of negotiation
    

24. Either party may withdraw from ODR at any time.
    

    Governing Law and Enforcement
    

25. The laws of New Zealand govern this agreement and each party agrees to submit to the jurisdiction of the Courts of New Zealand.
    
    
26. A settlement agreement is a private contract between two private parties and the DNC is not responsible for the parties giving effect to the agreement and is not liable for any party’s failure to give effect to the agreement.
    
    
27. If a written settlement agreement has been entered into that provides that a domain name will be transferred on the payment of money the DNCL may, at its absolute discretion, enforce that agreement by transferring the domain name where the relevant party fails to complete the agreed transfer and the DNCL’s assistance is sought. This action is at the absolute discretion of the DNCL and will require evidence that payment has been made.
    
    
28. Where a party agrees in writing to change their preference in respect of a conflicted name, the DNCL has authority to enforce that change of preference by changing the preference in the conflicted names database, but will only take such action at its absolute discretion and where any agreed consideration has been paid.
    
    
29. If the DNCL decides not to get involved in enforcing an agreement, the parties may look at other options including going to court to enforce the agreement.
    

    Indemnity and exclusion of liability
    

30. The parties agree that neither the coach, mediator nor the DNCL will be liable to any party for any act or omission (including negligence) in the performance of their function in the ODR process unless the act or omission is fraudulent. This exclusion of liability extends to any settlement enforcement action taken by the DNCL or any decision taken by the DNCL not to enforce a settlement.
    
    
31. The parties, together and separately, indemnify the coach, the mediator and the DNCL and the DNCL staff against any claim for any act or omission (including negligence) in the performance of their function in the ODR process unless the act or omission is fraudulent.
    
    
32. The parties and the coach agree that no written or oral statements or comments made or used during the negotiation are capable of being used to bring or maintain any action for defamation, libel or slander, or any related complaint.  This document may be pleaded as a bar to any such action.  Any party or the coach who brings such an action agrees to indemnify the other party and the coach against any losses or costs resulting from the action.