Whakatāne District Council’s online facilities enable you to view and order certain types of information through the website and also pay for selected services or charges (“Online Customer Services Payment Process”). These facilities are referred together as the “Online Customer Services Facility”.
Use of the Online Customer Services Facility is subject to these terms and conditions (“Online Customer Services Terms and Conditions”) together with the Whakatāne District Council Website Privacy Policy, which are incorporated here by reference.
Authority to Accept Online Customer Services Terms and Conditions
These Online Customer Services Terms and Conditions constitute a contract between you and Whakatāne District Council, so please read them carefully. At the end you will be required to either accept or decline these Online Customer Services Terms and Conditions. You must accept these Online Customer Services Terms and Conditions before you are allowed to make payments using the Online Customer Services Payment Process.
You warrant that you are over 18 and have the appropriate authority and legal capacity to validly accept these Online Customer Services Terms and Conditions applying to your use of the Online Customer Services Facility.
Online Customer Services Payment Process
The Online Customer Services Payment Process is the process by which credit card payments or other approved forms of payment for use of the Online Customer Services Facility may be made through the Whakatāne District Council website.
Under the Online Customer Services Payment Process, you will pay for the selected service(s) or charges at the time you use the Online Customer Services Facility.
All payments are to be made in advance. Credit Card payments will only be accepted using MasterCard or Visa. You represent and warrant that the credit card is issued in your name and you will pay all charges incurred through your use of the card.
Security
Payments made by means of the Online Customer Services Payment Process are through a secure payment gateway provided by Direct Payment Solutions (DPS payment express) and at no point does the Whakatāne District Council website capture, hold or retain any of the credit card information through our site.
However, you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you provide through the Whakatāne District Council website and while using online transactions may be read or intercepted by others even where a website is stated as being secure. Whakatāne District Council will have no liability for the interception, 'hacking' or other unauthorised access of information through the Whakatāne District Council website or any other website by unauthorised third parties.
Verification of Information
It is your responsibility to ensure that the transaction, credit card information, and all other details you provide in relation to your payments made through the Online Customer Services Payment Process are correct. You should retain a copy of the transaction confirmation for future reference and your files. Whakatāne District Council will have no liability for transactions which are incorrect as a result of inaccurate data entry or information provided by you, or which is otherwise caused by factors outside of Whakatāne District Council's control.
Your Responsibilities Regarding the Use of the Online Customer Services Facility
You may use the Online Customer Services Facility for the purpose of viewing and paying for certain types of information or paying for other selected Council services or charges through the Whakatāne District Council website. You must use information provided to you through your use of the facility solely for your personal and/or internal business purposes, provided that you do not remove any proprietary notices, do not modify the information or make it, or the Online Customer Services Facility itself, available to a third party through a networked computer environment and do not make any additional representations or warranties regarding the information.
You agree not to use the Online Customer Services Facility for any improper, injurious, offensive or unlawful purposes and not to damage or disrupt the Online Customer Services Facility.
You are responsible for making your own assessment of the suitability of the Online Customer Services Facility for achieving your purposes and for any actions you take and all outcomes based on information obtained through use of the Online Customer Services Facility.
You are responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use the Online Customer Services Facility.
Whakatāne District Council's Responsibilities Regarding the Online Customer Services Facility
Whakatāne District Council cannot warrant that the Online Customer Services Facility and/or your use of the Online Customer Services Facility will be faultless, immediate, continuous and virus-free, nor that information provided through the Online Customer Services Facility will be complete, accurate or up-to-date. Whakatāne District Council will endeavour, however, to ensure the Online Customer Services Facility is available at all times.
Disclaimer
Whakatāne District Council will make every reasonable effort to provide accurate and current information to you through the Online Customer Services Facility. However, Whakatāne District Council does not present this information as advice and does not accept responsibility for actions taken based on reading it or for any reliance you place on the accuracy or completeness of the information. You should seek professional advice before taking any action in relation to the matters dealt with in the information.
Whakatāne District Council Liability
To the extent permitted by law, except as expressly set out in these Online Customer Services Terms and Conditions, all warranties, representations or guarantees (whether express, implied or statutory) in relation to the Online Customer Services Facility are excluded, including, without limitation, any warranty of fitness for any particular purpose, and Whakatāne District Council will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection with the Online Customer Services Facility.
Subject to the provisions of this clause (“Whakatāne District Council Liability”), if for any reason Whakatāne District Council is held to be liable to you in relation to this Online Customer Services Facility, the total extent of Whakatāne District Council's liability will, to the extent permitted by law, not exceed the dollar amount of the transaction which formed the basis of the damage, or $50.00, or whichever is the lesser.
If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using the Whakatāne District Council website or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 will not apply.
The exclusions and limits set out in these Online Customer Services Terms and Conditions will also operate for the benefit of Whakatāne District Council's relevant suppliers, licensors and agents which Whakatāne District Council use to provide the Online Customer Services Facility made available to you.
Indemnity
You agree to indemnify Whakatāne District Council in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by Whakatāne District Council as a result of:
- A breach by you of any of your obligations under these Online Customer Services Terms and Conditions
- Your intentional misuse of the Online Customer Services Facility or the Whakatāne District Council website
- Your negligent acts or omissions
- Any claim, suit or action brought against Whakatāne District Council by a third party for any of the matters above
Confidentiality
Information available through the Online Customer Services Facility may be subject to confidentiality obligations or requirements. Whakatāne District Council retains the right to make any information confidential. You acknowledge and agree that Whakatāne District Council may choose not to supply you with any information that it believes is confidential, and/or you will comply with any confidentiality obligations notified to you by Whakatāne District Council.
You are able to request further details regarding confidential information by contacting Whakatāne District Council.
Whakatāne District Council Website Terms of Use
The Whakatāne District Council Website Terms of Use govern general use of the Whakatāne District Council website. These Online Customer Services Terms and Conditions form part of the Whakatāne District Council Website Terms of Use.
You agree to comply with the Whakatāne District Council Website Terms of Use, and these Online Customer Services Terms and Conditions.
Privacy Policy
The Privacy Policy available on the homepage of the Whakatāne District Council website, and comprising part of the Whakatāne District Council Website Terms of Use, governs the collection, use and disclosure of your personal information by Whakatāne District Council. The Privacy Policy forms part of these Online Customer Services Terms and Conditions and is incorporated here by reference. You agree to comply with the Privacy Policy as well as these Online Customer Services Terms and Conditions, and that the Council may share personal information with third parties for the sole purpose of facilitating your use of the Online Customer Services Facility.
Suspension, alteration or cancellation of Online Customer Services Facility
Whakatāne District Council is entitled at any time without prior notice or any liability to you, to suspend or cancel any or all of the services provided through the Online Customer Services Facility and/or to substitute alternative services. Whakatāne District Council may vary these terms and conditions from time to time without notification, and it is your responsibility to ensure that you are familiar with them.
Jurisdiction
These Online Customer Services Terms and Conditions and the Online Customer Services Facility they cover are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with these online services and these terms and conditions.
Specific Terms and Conditions
The customer acknowledges that certain online transactions made available or offered by the Whakatāne District Council 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 service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service.
Support Hours
Whakatāne District Council provides customer support for the Online Customer Services Facility between the hours of 8 am to 5:00 pm Monday to Friday (public holidays excluded as well as any other times of office closure). All queries outside these hours can be logged either by calling our afterhours service via 07 306 0500 or by e-mailing us at info@whakatane.govt.nz and will be attended to during office hours.
Acceptance
By accepting these Online Customer Services Terms and Conditions, you acknowledge that you have read and understand them and agree to abide by them.