Online Service Terms

Western Bay of Plenty District Council (“WBOPDC”) provides online service payment facilities (“Online Services”) in order to allow customers to process certain types of transactions as made available by WBOPDC from time to time through the WBOPDC website.

All Online Services are subject to the terms and conditions below and the Conditions of Use of the WBOPDC website, which are incorporated herein by reference. These Online Services Terms and Conditions (“terms and conditions”) are a contract between you and WBOPDC. Please read them carefully. When you access your Online Services Account Profile, you will be asked to agree to the terms and conditions which you must agree to, to continue.

1. Use of Online Services. WBOPDC makes Online Services available for your personal and/or internal business purposes. You may use information provided to you through your use of Online Services solely for your personal and/or internal business purposes, provided that you do not remove any proprietary rights notices, do not modify the information or make it available to third parties through a networked computer environment and do not make any additional representations or warranties regarding the information.

2. Proper Purposes. You agree to use Online Services only for proper purposes as set out on the WBOPDC website. You agree not to use Online Services for any improper, offensive or unlawful process. You agree not to damage or disrupt Online Services and the WBOPDC website. You are responsible for making your own assessment of the suitability of Online Services for achieving your purposes.

3. Information. You hereby authorise WBOPDC to collect information about you (including information about transactions processed by you) from time to time through the WBOPDC website. Any such information collected will be treated in accordance with the WBOPDC Privacy Policy. WBOPDC will also use such information to update its database records and to contact you in respect of the Online Service you have used. WBOPDC may disclose information about you (including your identity) to a third party if WBOPDC is requested to do so in the course of a criminal or other legal investigation, or if WBOPDC determines that disclosure is necessary in connection with any complaint regarding your use of the site.

4. Confidentiality. Certain documents can be made confidential and a request can be made for the same. The final discretion for making the document confidential lies with WBOPDC. Further details can be obtained by contacting WBOPDC.

5. Consent for us to receive and store information in electronic form. Use of these services means that you agree to provide information through electronic means. This means you agree to provide any relevant information, documents and attachments in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.

6. Consent for us to provide you with information in electronic form. Use of these services means that you agree to receive information through electronic means. Where information is requested by another person, the requesting party is deemed to be the recipient's agent and is presumed to have obtained the consent of the recipient to receive the information in electronic format.

7. Accounts. Certain Online Services offered by WBOPDC may require a login ID and password (for verification of your identity) to access the Online Service. You agree that all information provided to WBOPDC by you in relation to your account will be current, complete and accurate. The use of a WBOPDC account is subject to the terms and conditions contained in the document and the website’s Terms and Conditions. You agree to comply with all such terms and conditions in respect of your use of Online Services.

8. Password Security. We recommend the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login ID and password, and for all activity which occurs on or through your account, whether authorised or unauthorised, including use by current and former employees if you are a corporate entity. You should change your password immediately if you believe that your login ID and password have been used without authorisation. WBOPDC will not have any liability for your failure to comply with these obligations.

9. Security. Online Services are provided through a secure website [using SSL (secure socket layer) encryption]. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. WBOPDC will have no liability for the interception or ‘hacking' of data through the website by unauthorised third parties.

10. Your Warranties. In using Online Services, you represent and warrant that you have the authority to validly accept the terms and conditions. You agree that you are able to and will meet your obligations in relation to Online Services promptly and in accordance with any relevant laws. You represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card to process a transaction, you represent and warrant that the credit card is issued in your name and that you will pay to the issuer all charges incurred through the use of Online Services. If you are using a WBOPDC account, you represent and warrant that you are authorised to use the login ID and password allocated to such account.

11. Accuracy of Transaction Information. WBOPDC will have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing Online Services or for loss of data or information caused by factors outside of WBOPDC's control.

12. Limitation of Liability. Except as expressly prohibited by law, WBOPDC will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where WBOPDC has been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, WBOPDC is found to be liable to you for any damage or loss which arises as a result of your use of the website, WBOPDC's liability will not exceed either the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Some jurisdictions do not permit the exclusion of implied warranties, and if you are in one of those jurisdictions these exclusions may not apply to you.

13. Indemnity. You agree to indemnify WBOPDC against any loss, damage or cost (including reasonable enforcement costs) incurred by WBOPDC as a result of:

(a) A breach by you of any of your obligations under these terms and conditions or of the terms and conditions of the WBOPDC website;
(b) Your intentional misuse of Online Services or the WBOPDC website;
(c) Your negligent acts or omissions; and
(d) Any claim, suit, or action brought against WBOPDC for any of the matters set out in this clause 13.

14. Right to suspend, alter or cancel service. WBOPDC is entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of Online Services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

15. Specific Service Terms and Conditions. The Customer acknowledges that certain Online Services made available or offered by WBOPDC from time to time may be subject to specific additional terms and conditions, and agrees to review and comply with any such additional terms and conditions. Access and use of any Online Service is deemed to constitute acceptance of any such additional terms and conditions applicable to such service.

Page reviewed: 17 Dec 2014 9:43am