General
Tauranga City Council ("Council") has online facilities that enable certain services and transactions to be carried out through applications downloaded from the Apple and Android online stores (“the App”). Use of the App is subject to these terms and conditions as well as the Council Website Terms and Conditions, Online Services Terms and Conditions and Privacy Policy which are incorporated herein by reference.
Website Terms and Conditions
Online Services Terms and Conditions
Council's Privacy Policy
Use of Apps
Council makes the App available for your personal and/or internal business purposes. You may use information provided to you through your use of the App solely for your personal and/or internal business purposes, provided that you:
- Do not remove any proprietary rights notices
- Do not modify, or make available, the information supplied or the App itself, to any third parties through a networked computer environment; and
- Do not make any additional representations or warranties regarding the information.
You agree not to use the App for any improper, injurious, offensive or unlawful purposes and not to damage or disrupt the App.
You are responsible for any actions you take and all outcomes based on information obtained through your access and use of the App.
Information and Privacy
You hereby authorise the Council to receive and collect information about you (including information about your online transactions) from time to time through the App. Any such information collected shall be treated in accordance with the Council’s Privacy Policy. The Council may disclose information about you (including your identity) to a third party if:
- It is necessary to carry out, or facilitate the use of, the App
- You have authorised such disclosure
- The Council is requested to do so in the course of a criminal or other legal investigation; or
- The Council determines that disclosure is necessary in connection with any complaint regarding your use of the Council website or the App
For further information on your privacy rights, please view the Council's Privacy Policy
Confidentiality
Certain information can be made confidential and a request can be made for the same. The final discretion for making any information confidential lies with the Council. You acknowledge and agree that the Council may choose not to supply you with any information that it has made confidential, and/or you will comply with any confidentiality obligations notified to you by the Council. You are able to request further details regarding confidential information by contacting the Council.
Consent for Council to receive and store information in electronic form
Use of the App means that you agree to provide through electronic means any relevant information, documents and attachments in the format and to the standards described for each App. It also means you agree and understand that the information will be retained in electronic form.
Consent for Council to provide you with information in electronic form
Use of the App means that you agree to receive (if nominated) 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 in electronic format.
Registration
The App requires you to register and obtain a username and password to verify your identity and enable access to the App. You agree that all information provided to the Council by you in relation to your registration shall be current, complete and accurate.
Password Security
If you are required to select a password to use or have access to the App, the Council recommends the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, drivers 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 username 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 username and password have been used without authorisation and advise the Council of this. The Council shall not have any liability for your failure to comply with these obligations.
Security
The App is provided through a secure website. 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 to the Council or any third party website (including credit card information) may be read or intercepted by others, even where a website has stated as being secure. The Council shall have no liability for the interception, "hacking" or other unauthorised access of information through the Council website or any other website, by unauthorised third parties.
Your Warranties
By using the App, you represent and warrant that you are 18 years or older and have the appropriate authority and legal capacity to validly accept these App Terms and Conditions. If you are using a credit card in an App, you represent and warrant that the credit card is issued in your name and that you will pay all charges incurred while using the App. If you are accessing or using the App through a registered account, you represent and warrant that you are authorised to use the username and password to such account.
Accuracy and Binding Nature of Information
Before completing a transaction, 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. You should print the transaction confirmation for future reference and your files. The Council shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing the App or for loss of data or information caused by the factors outside of the Council’s control.
Limitation of Liability
Except as expressly prohibited by law, in no event will the Council be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where the Council has been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, the Council is found to be liable to you for any damage or loss which arises as a result of your use of, or inability to use, the Council website, the 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. 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.
Right to Suspend, Alter or Cancel Online Services
The Council shall be entitled at any time, without prior notice or any liability to you, to suspend, alter or cancel the App and/or to substitute alternative App, which may or may not be interactive or transactional in nature.
Support
If you experience any problem while using the App, please contact the Council for assistance - Phone: +64 7 577 7000 or Email: info@tauranga.govt.nz. The Contact Centre is available 24 hours a day, 7 days a week.
Specific Terms and Conditions
You acknowledge that from the App may from time to time may be subject to specific additional terms and conditions. You agree to review and comply with any such additional terms and conditions. Access and use of the App shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service. Where there is an inconsistency between the specific terms and conditions and these App Terms and Conditions, the specific terms and conditions will take precedence.