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BPG01 TERMS & CONDITIONS

Licence Terms

Civil Contractors New Zealand has developed the Best Practice Guideline: Safe Handling of Bituminous Materials Used for Roading (BPG01), to meet the bitumen industry’s requirements of today. BPG01 has been developed in conjunction with the bitumen industry, Worksafe and the Ministry for the Environment to overview how bitumen can be handled safely, and how New Zealand regulatory requirements apply.

Access

The online portal provides the user with unfettered access to all sections of BPG01. The user can search the document in its entirety to find the information relevant to their work. CCNZ will continue to review and update BPG01 as new practices are developed, technical improvements are made available or as regulatory changes are put into effect.

A licence to this document entitles the Licensee to ongoing access to this document as it is updated. Licences are issued on an annual basis (for subscriptions starting after 1 April 2020). As updates to BPG01 are made by CCNZ formed working groups, Licensees will be notified via email that these have been made available. Licensees are encouraged to use the online version of the document to ensure their information is up to date. Printed copies are uncontrolled and therefore may not be current as various sections are updated. CCNZ is not responsible for the accuracy of out-of-date printed copies.

Licence agreement

Definitions

  • Licensee – company and/or individual permitted access to BPG01
  • Licensor – Civil Contractors New Zealand Limited
  • The Asset – The Safe Handling of Bituminous Materials Used for Roading Best Practice Guideline (BPG01), published by Civil Contractors New Zealand

Length of licence

The length of licence will be for a period of one year. This will commence once the Licensor can confirm payment has been received.

Licence term

A single non-refundable licence will be issued to each Licensee on an annual basis. 

Renewal rules

Before the licence expires, the Licensee will be invoiced by the Licensor for the next year. Where the Licensee is a either a CCNZ member, major or branch associate, the licensee will be invoiced at the member rate. Where the licensee is not a member or associate of CCNZ, the Licensee will be invoiced at the non-member rate.

The Licensee must pay the invoice by the 20th day of the month following the issuing of the invoice to allow ongoing access to the online portal. Where payment is not made within this period, access to the portal will be terminated until payment is made.

A consultant rate may be applied where it is determined the Licensee could not legitimately be expected to contribute to the production of BPG01 through CCNZ, for instance an overseas consultant. These applications are approved or declined at the sole discretion of the Licensor.

Rates

Rates for access are as follows:

  • CCNZ Member rate – $75+GSTper user per annum.
  • Non-member rate – $2,250+GST per user per annum
  • Client/consultant rate – $300+GST per annum
  • Payment/s will be pro rata as required.

Restricted use

The licensee shall not distribute, licence, loan, or sell the contents or other content that is contained to parties that do not have a licence. Nor shall they remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the document. The individual Licensee that has access to the online portal shall not allow non-licensed businesses or individuals access to the portal. Breach of these terms will result in revocation of the licence, or potential additional licence fees.

Updates

The Licensor shall provide updates as they become available. The Licensee shall be informed of updates via their nominated email address as they are posted on the online portal.

Limitation of liability

The Licensee acknowledges and agrees that neither Licensor nor its board members, officers, employees or agents, will be liable for any loss or damage arising out of or resulting from Licensor’s provision of BPG01 under this agreement.

Disclaimers and release

  • The Asset is provided by Licensor on an “as is” basis.
  • To the extent permitted by law, Licensor will in no way be liable to the Licensee or any third party for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of BPG01
  • Licensor will not be held liable by the Licensee in any way, for any loss, damage or injury suffered by the Licensee or by any other person related to any use of BPG01 or any part thereof.
  • To the extent permitted by law, no express or implied warranty, term, condition or undertaking is given or assumed by Licensor, including any implied warranty of merchantability or fitness for a particular purpose.
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