Terms and Conditions for Thames-Coromandel District Council Online Services
Definitions In these Terms and Conditions, unless the context otherwise requires:
- “Fees” means the fees payable for online payments as noted on the website as fees, charges or prices.
- “Online Payment Process” means the process by which credit card or account to account payments for debts, services or other amounts payable to Thames-Coromandel District Council may be made through this website.
- “Online Services” means services available through the website for which a charge is payable to Thames-Coromandel District Council.
- “Terms and Conditions” means these online services terms and conditions.
- “Website” means the Thames-Coromandel District Council website (www.tcdc.govt.nz).
General
Thames-Coromandel District Council enables customers to process certain types of transactions (as made available by Thames-Coromandel District Council from time to time) through the website (collectively referred to as Online Services). Online Services are provided through a secure website using SSL (secure socket layer) encryption. All such Online Services shall be subject to these Terms and Conditions, and the Terms and Conditions of the Website, which are incorporated herein by reference. These Terms and Conditions are a contract between you and Thames-Coromandel District Council.
Use of Online Services
Thames-Coromandel District Council 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.
Information
You hereby authorise Thames-Coromandel District Council to collect information about you (including information about transactions processed by you) from time to time through the website. Any such information collected shall be treated in accordance with any privacy legislation. Thames-Coromandel District Council may disclose information about you (including your identity) to a third party if necessary to carry out the Online Services, if Thames-Coromandel District Council is requested to do so in the course of a criminal or other legal investigation, or if Thames-Coromandel District Council determines that disclosure is necessary in connection with any complaint regarding your use of the site.
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 Thames-Coromandel District Council. Further details can be obtained by contacting Thames-Coromandel District Council.
Consent for us to receive and store information in electronic form
Use of these Online Services confirms that you agree to provide information in an electronic format. This means you agree to provide any relevant information, documents and attachments in the format and to the standards described for each transaction, and you also understand that the information will be retained in electronic form.
Consent for us to provide you with information in electronic form
Use of these Online Services confirms that you agree to receive information in an electronic format. 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.
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 and account to account information) may be read or intercepted by others, even where a website is stated as being secure. Thames-Coromandel District Council shall have no liability for the interception or 'hacking' of data through the website by unauthorised third parties.
Your warranties
In using Online Services, 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, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of Online Services.
Payment
You will pay all fees payable for Online Services at the time your request for service is accepted by Thames-Coromandel District Council. Thames-Coromandel District Council reserves the right to amend any fees from time to time and to adjust any fees recorded on this website or the application for an Online Service if the charge recorded is incorrect. All payments can be made by credit card or account to account, however, these services may be restricted. All fees are in New Zealand Dollars and are inclusive of GST if any (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).
Accuracy and binding nature of the transaction information
Upon completing an Online Service, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. The transaction shall be deemed binding at the time the confirmation screen is displayed. You should print the transaction confirmation for future reference and your files. Thames-Coromandel District Council shall 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 Thames-Coromandel District Council's control.
Limitation of Liability
Except as expressly prohibited by law, in no event will Thames-Coromandel District Council be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where Thames-Coromandel District Council has been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, Thames-Coromandel District Council is found to be liable to you for any damage or loss which arises as a result of your use of the website, Thames-Coromandel District Council's liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this website or its contents for business 3 purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
Right to suspend, alter or cancel service
Thames-Coromandel District Council shall be 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.
Amendment
These Terms and Conditions may be altered or reviewed by the Thames-Coromandel District Council, with or without notice. You should check and read these Terms and Conditions carefully each time you use Online Services.
Terms of use
The website conditions of use govern the general use of the Thames-Coromandel District Council Website. These Online Services Terms and Conditions form part of the website conditions of use. In the event of conflict between the Website conditions of use and the Online Services Terms and Conditions, the latter shall prevail.
Jurisdiction
These Terms and Conditions and the Online Services they cover are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the Online Services and these Terms and Conditions.
Support hours
Thames-Coromandel District Council provides customer support for Online Services between the hours of 8am and 5pm (Monday to Friday). All queries outside these hours will be logged and attended to during office hours. Phone (07) 868 0200 or email customer.services@tcdc.govt.nz