Terms and Conditions

Contents

​​​​South Waikato District Council Website and Online Services Portal

Over​v​​iew

This website and its associated online services is operated by South Waikato District Council. Throughout the site, the terms “we”, “us” and “our” refer to South Waikato District Council and the term “The Website” and "the site" refer to both Council’s official website (http://www.southwaikato.govt.nz) and its associated Online Services Portal (https://eservices.southwaikato.govt.nz). South Waikato District Council offers The Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting The Website and engaging with our online service, you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using The Website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access The Website or use any services.

Any new features or tools which are added to The Website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to The Website following the posting of any changes constitutes acceptance of those changes.​

General Condi​​tio​​ns

You understand that your content (not including credit card information), may be transferred unencrypted and involve

    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. 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 while using online transactions (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. South Waikato District Council shall have no liability for the interception or "hacking" of data through The Website by unauthorised third parties.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Website without express written permission by us.

In using any South Waikato District Council online payment transactions 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 shall pay to the issuer all charges incurred while using online transactions. If you are using a South Waikato District Council account, you represent and warrant that you are authorised to use the login ID and password allocated to such account.

​​​Accuracy, Compl​eteness and Timeliness of Information

South Waikato District Council shall have no liability for online transactions which are incorrect as a result of inaccurate data entry, or for loss of data or information caused by factors outside of South Waikato District Council’s control. This includes the information supplied as part of an online service application.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to the site.

Modifications to​​ ​the Website

We reserve the right at any time to modify or discontinue selected services on The Website (or any part or content thereof) without notice at any ​time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any online services, data or content.

Refunds for Onli​n​​e Services

Certain services allow payment via The Website. These services are subject to our Refund Policy.

Accuracy of Billing a​​​​nd Account Information

You agree to provide current and complete account information in order to consume services for payment of accounts and/or purchases of online services. You agree to promptly update your account and other information, including your email address, physical address and other contact information, so that we can complete your transactions and contact you as needed.

Third Par​ty T​ools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered via The Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through The Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third Pa​rty​ Links

Certain content and services available via The Website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Unsolicite​d User​ Comments, Feedback and Submissions

If, without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

    1. to maintain any comments in confidence;
    2. to pay compensation for any comments; or
    3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of The Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Consent for ​​Us to​​ Receive and Store Information in Electronic Form

Use of The Website means that you agree to provide requested 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.

By using The Website to request information from South Waikato District Council, you consent 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.

Personal Acc​​​​ount Information

Your submission of personal information through our website is governed by our Privacy Policy. You can view our Privacy Policy at any time on Council's website.

Certain online transactions offered by South Waikato District Council may require a login ID and password for verification of your identity to access online transactions. You agree that all information provided to South Waikato District Council by you in relation to your account shall be current, complete and accurate. Your use of a South Waikato District Council account is subject to these Terms and Conditions. You agree to comply with all such terms and conditions in respect of your use of online transactions.

Password​​ Security

If you are required to select a password, South Waikato District Council recommends 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 and advise South Waikato District Council of this. South Waikato District Council shall not have any liability for your failure to comply with these obligations.

Errors, Inaccur​​a​cies and Omissions

Occasionally there may be information on The Website that contains typographical errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update content if any information is inaccurate, at any time without prior notice.

Prohibited​ Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

    1. for any unlawful purpose;
    2. to solicit others to perform or participate in any unlawful acts;
    3. to violate any national or international regulations, rules, laws, or local ordinances;
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    6. to submit false or misleading information;
    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of The Website or of any related website, other websites, or the Internet;
    8. to collect or track the personal information of others;
    9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
    10. for any obscene or immoral purpose; or
    11. to interfere with or circumvent the security features of The Website or any related website, other websites, or the Internet. We reserve the right to terminate, at any time and without giving you notice, your use of The Website or any related website for violating any of the prohibited uses.

Disclaimer of ​Warranties ​and Limitation of Liability

We do not guarantee, represent or warrant that your use of The Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from The Website will be accurate or reliable.

You agree that from time to time we may remove online services for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use The Website is at your sole risk. All services and information delivered to you through The Website is (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall South Waikato District Council, our executive managers, officers, employees, mayor & councillors, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable, whether jointly or severally, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using The Website, or for any other claim related in any way to your use of The Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of The Website or any content posted, transmitted, or otherwise made available via The Website, even if advised of their possibility.

Indemn​ifica​tion

You agree to indemnify, defend and hold harmless South Waikato District Council and our affiliates, partners, officers, executive management, mayor & councillors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severa​bi​lity

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termi​n​​ation

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time when you cease using the site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to The Website (or any part thereof).

Entire Agre​​ement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on The Website constitutes the entire agreement and understanding between you and us and govern your use of The Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Govern​​i​ng Law

These Terms and Conditions and shall be governed by and construed in accordance with the laws of New Zealand.

Changes to ​Ter​​ms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the site. It is your responsibility to check our website periodically for changes. Your continued use of or access to The Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Suppo​​rt ​Hours

South Waikato District Council provides customer support for online services between the hours of 8.00am to 4.30pm (Monday to Friday). All queries outside these hours will be logged and​ attended to during office hours.

Contact Inf​orma​tion

Questions about the Terms and Conditions should be sent to us in writing.  Please view our contact page.

 

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Page reviewed: 20 Apr 2017 10:44am