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Terms and Conditions

Disclaimer

Every reasonable effort has been made to maintain current and accurate information on this site. Information contained has been assembled in good faith. Where appropriate external links have been provided for the user's convenience. Palmerston North City Council does not accept any responsibility for the content or condition of any external links on this site.

Copyright

This site provides users with easy access to government held public information. You may copy, print or download any government material on this site. Any use of scripts or code requires permission from the administrator. 

Links to Other Sites

The website has links to many other websites. Once you navigate to another website, you are subject to the privacy and security policies of the new site. Palmerston North City Council does not have control over the policies or content of government or private sites outside of Palmerston North City Council which we link to for public convenience.

Terms and conditions for Online Payment Services

Before your payment can be processed you must accept the following terms and conditions.

The Palmerston North City Council (PNCC) online services enable customers to process certain types of transactions (as made available by PNCC) that can be performed through the PNCC's website.  All such transactions are subject to these terms and conditions as well as PNCC's general website terms and conditions. PNCC may vary these terms and conditions from time to time without notification; it is your responsibility to ensure that you are familiar with them. 

1. Use of online transactions acceptance

By using the PNCC online payment service you have agreed to and accept the terms and conditions applying at the time you complete the transaction. You may use the information provided to you through your online transactions solely for your personal and/or 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. Information and privacy

You hereby authorise PNCC to receive and collect information about you (including information about your online transactions) through the PNCC website. Any such information collected shall be treated in accordance with the Privacy Act 1993.  PNCC may disclose information about you (including your identity) to a third party if PNCC is requested to do so in the course of a criminal or other legal investigation, or if PNCC determines that disclosure is necessary in connection with any complaint regarding your use of the site.

To view PNCC's privacy policy, see: /siteinfo/privacy/

3. Fee Payable

All credit or debit card payments will incur a surcharge of 1.3% per transaction to cover our reasonable costs in providing this online service.  This fee is calculated prior to payment being submitted and is included in the total transaction amount.  We have several other payment options available if you prefer not to use this online payment service.

You should check with your card issuer for details about fees or charges that may also apply as this credit/debit card transaction is carried out in terms of their arrangement between you and your card issuer. 

If payment is made using a credit card or debit card issued outside of New Zealand, any currency conversion will be carried out according to the terms and conditions of the card and there may be additional fees charged by your card issuer.

The name that will appear on your credit/debit card statement will be "Palm Nth City Council".

4. Once submitted, payment information cannot be changed

You must carefully check all information you input into the online payment service to ensure it is correct before you confirm the transaction can proceed. You will not be able to change the information once it has been processed.

PNCC will have no liability for transactions that are incorrect as a result of inaccurate information provided by you or for any loss of information caused by factors outside the control of PNCC.

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 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

By using this service 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. Security

Transaction processing 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 the PNCC website while performing online transactions (including credit card or debit card information) may be read or intercepted by others, even where a website is stated as being secure.  PNCC shall have no liability for the interception or "hacking' of data through the website by unauthorised third parties.

8. Your warranties

In using any PNCC online transaction service 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 or debit card to process a transaction, you represent and warrant that the card is issued in your name and that you shall pay to the issuer all charges incurred while using online transactions.

9. Accuracy of transaction information

Before completing an online transaction with PNCC you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all information displayed (including the credit card or debit card information you have provided and other details relating to your payment) is correct. You should print the payment confirmation for future reference and your files.

10. Limitation of liability

Except as expressly prohibited by law, in no event will PNCC be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where PNCC has been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, the PNCC is found to be liable to you for any damage or loss which arises as a result of your use of the website, PNCC'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.

11. Right to suspend, alter or cancel services

PNCC may at any time without prior notice or any liability to you, cancel or suspend any or all online services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

12. Jurisdiction

These terms and conditions and the online services they cover are governed by New Zealand law.  New Zealand Courts have exclusive jurisdiction over any matter in connection with the online services and these terms and conditions.

13. Support Hours

PNCC provides customer support for online services between the hours of 8:00 a.m. - 5:00 p.m. Monday to Friday.  All queries outside these hours will be logged and attended to during normal business hours.

14. Refunds policy

PNCC may issue a refund when it has been proven that a payment has been made more than once for the same item.  Any refund made will be at the discretion of PNCC.  If a refund is made, it will exclude any payment processing fees charged at the time of the initial transaction.

Online Services Terms and Conditions of Use

Introduction

Welcome to the Palmerston North City Council's online services.  Registration provides customers with greater access to a growing range of services online. 

These Terms and Conditions of Use (Terms) set out Palmerston North City Council's (we, our, us, Council) commitments to people who use the services (you, your, user). These Terms also set out what we require of you when you use the services.  These Terms are driven by a need to keep the user and others safe and secure when using online services.

Please read these Terms and Conditions carefully. By applying for and using our online services, you acknowledge that you have read and understood these Terms, and agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access or use of our online services. If we change any Terms, your continued use of the services indicates your acceptance of the changes.

Specific terms and conditions of use appearing on specific web pages and/or sections of our online services may be applicable to those web pages and/or sections of our online services. Those specific terms and conditions of use shall constitute a part of these Terms. In the event of any conflict between those specific terms and conditions of use and these Terms, the specific terms and conditions of use shall prevail to the extent of the conflict.

Headings are inserted for convenience and shall not affect the interpretation of these Terms.

These Terms address the following matters:

  • Online services registration
  • Proprietary rights
  • Our commitments to you
  • Your commitments to us
  • Liability and exclusions
  • Protective action
  • Privacy
  • Miscellaneous provisions
  • Amendments to terms of use and privacy statement
  • If you need help

1. Online services registration

The first time you use our online services, other than for some forms, you will be asked to register with the RealMe service. RealMe is a collaboration between the Department of Internal Affairs and New Zealand Post. It provides users with an identification that is accepted by a number of government agencies. Sign up at realme.govt.nz


A RealMe credential is issued under the Electronic Identity Verification Act 2012 and you will be required to meet the relevant requirements and obligations set out on the RealMe website.  

We may also want to contact you with regard to your use of our online services.  

If you have previously used our online services and want to continue, you must first register with RealMe. Alternatively, you may access these services by telephone, post, or in person.

Access to our online services is granted completely at our discretion.

2. Proprietary Rights

The information and materials located or hosted on, or linked to, our online services (Content) are protected by copyright, trademark and other forms of proprietary rights. Such Content includes, but is not limited to, any price information, data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services or other information or content made available on or through our online services. The presentation and layout of the Content is also protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of New Zealand and other countries.

Unless otherwise stated, the rights, titles and interests to the Content are owned by, licensed to or controlled by us and you gain no rights to the Content by using our online services.

All other trademarks, trade names, service marks, product names and logos contained on our online services that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.

3. Our commitments to you

3.1 Availability of services: Our online services are provided to you on an "as is" and "as available" basis without warranties of any kind. Your use of our online services is at your own risk. We do not make any representations of any kind, except to the extent required by law.

Due to the inherent defects of electronic distribution, there may be errors, delays, omissions, interruption, breach of security, corruption, unavailability of access in connection with or inaccuracies in our online services and we do not guarantee, represent or warrant that access and use of our online services will be error-free, uninterrupted, continuously available, or free from viruses or malicious programmes including, but not limited to, computer worms, Trojan horses, spyware or other harmful components (Defects). We accept no liability for any loss, damage, claim liability, expense or costs that may result from   any such Defects.

We reserve the right at any time to rescind access to the online services on any grounds.

3.2 Accuracy of content: We have made every reasonable effort to provide current and accurate information through our online services. We hereby disclaim all liability and responsibility to update our online services.

Council does not guarantee the accuracy and completeness of all information supplied and cannot accept responsibility for any actions taken from this information or information provided from any external links from this site.  Online services users are advised to use their own judgment.

4. Your commitments to us

The purpose of your commitments to us, set out below, is to protect the integrity and security of the online services, users of the online services and other people. Please appreciate that, if you do not honour your commitments, third parties may be able to undertake actions apparently on your behalf that may cause loss to you or other people and for which those other people may try to hold you responsible.

You agree that you will:

  • not knowingly or recklessly use or attempt to use any online services for a purpose for which it was not intended, including any unlawful purpose;
  • notify us immediately if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of your online services registration;
  • notify us immediately if you or someone you know of has access to any unauthorised information within our online services;
  • not use our online services in any manner that could damage, disable, overburden or impair our servers, or the networks connected to any of our servers, or interfere with any other party's access and use of our online services;
  • only save an electronic copy or print out a copy of the Content solely for your own personal and non-commercial use; and
  • subject to the above, not copy, store (either in hardcopy or in an electronic retrieval system), adapt, alter, translate, transmit, disseminate, distribute, perform, broadcast, publish, reproduce, publicly display, hyperlink, sell, license, rent, lease or otherwise transfer any of the Content, or otherwise transfer any of the Content to any other person (whether for direct commercial purpose or monetary gain or otherwise) or otherwise use in whole or in part in any manner except with our prior written permission.

You must immediately change your password and notify us if:

  • you believe that the security of your access to our online services has been compromised; or
  • you become aware of any unauthorised use of your online services account.

You will be liable for any unauthorised use or access of our online services. We are not liable for any damages resulting from any security breaches, unauthorised and/or fraudulent use or access of our online services with your login details;

You should:

  • choose a password that is known only to you which cannot be easily guessed by anyone else;
  • not disclose your password to anyone, including our personnel (please note that our personnel will never ask you for your password);
  • keep your password safe from being discovered by others;
  • change your login details if you believe that the security or confidentiality of your password has been compromised;
  • take care when answering your registration questions to ensure the information you supply is accurate and complete;
  • keep your online services contact details up to date; and
  • notify us immediately if staff are leaving your organisation who have online access to accounts and services belonging to your organisation.

Unless otherwise stated, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (Link), mirror or frame our online services or any part of it to any other website, server or otherwise. Except with our prior written permission, no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our online services or any part of it or any other website.

Subject to the restrictions below, you are allowed to hyperlink to our home page at Palmerston North City Council Online Services

You may not hyperlink to our online services or any part of it from any website which contains materials or information which is inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, harassing, privacy invading, abusive, threatening, harmful, tortious, objectionable, unlawful or violates any applicable intellectual property or proprietary rights.

Notwithstanding anything to the contrary in these Terms, we reserve all rights to terminate any Link from any website to our online services for any reason. Upon our instructions, you must disable, remove and terminate any Link from any website, or any mirroring or framing of our online services or any part thereof immediately.

We have no responsibility for the content available on any website which links, mirrors or frames our online services or any part of it. In no circumstances will we be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on websites that links, mirrors or frames our online services or any part of it.

5. Liability and exclusions

5.1 Our liability: Subject to any terms imposed by law which cannot be excluded, we will not be liable for any direct, indirect or consequential losses, liabilities, damages, costs and expenses including any loss of profit, opportunity, contracts, business, income or anticipated savings, loss of goodwill or reputation you incur in connection with your breach of any of these Terms, any other party's access of our online services, your use or misuse of, or access or loss of access to our online services and disbursements and costs of investigation, litigation, settlement, judgment and interest regardless of whether they arise in contract, tort (including negligence) or under any statute or otherwise.

Our liability for our breaches, acts or omissions relating to the online services is limited to an amount that does not exceed the dollar amount of the transaction or transactions which formed the basis of the damage or $100.00, whichever is the lesser.

5.2 Your liability:  Subject to complying with these Terms, you will not be liable for loss caused by:

a). faults in the online services, unless such faults are obvious or you have been advised not    to use the online services temporarily, by message or notice on display; or

b). any other unauthorised transactions where it is clear that you could not have contributed to the loss, provided that you can prove such impossibility to our satisfaction.

5.3 Unlawful access or use: If you knowingly access or use or attempt to access or use the online services for an unlawful purpose (including but not limited to fraud or attempted fraud or hacking or attempted hacking), you agree that you will be liable to pay any party (or us on our behalf) the amount of the loss caused directly or indirectly to that party by your unlawful actions (any such third party loss being deemed to be our loss). For the avoidance of doubt, this clause is not intended to confer benefits enforceable by third parties under the Contracts (Privity) Act 1982. You may also be liable to prosecution for criminal offences.

5.4 Contributing liability: You are also liable for losses where any act or omission of yours has contributed to causing those losses.

5.5 Disputes: Any dispute in connection with these Terms or our online services will first be notified to the other party by either party. Both you and the Council will use all reasonable efforts in good faith to resolve the dispute.

Both you and the Council agree to promptly endeavour to resolve the dispute. If the dispute is still not resolved to either party's satisfaction either party may take such legal action as it considers appropriate.

6. Protective action

We reserve the right, in our absolute discretion, to monitor any and all access and use of our online services. We reserve our right to suspend or disable your access and use of our online services with or without notice to you if we consider that:

  • suspending or disabling your access or use is necessary to maintain the integrity or security of this or any other provider's service or any person;     

or

  • the service is being misused or has otherwise been compromised; or
  • you breach these Terms.

In addition, we reserve the right to seek all remedies available under these Terms, for violations of these Terms.

7. Privacy and 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 to the standards described for each transaction.  It also means you agree and understand that the information will be retained in electronic form.

We will use all reasonable care to protect the privacy of our online services users.

The collection, storage and use of personal information by us is regulated by the Privacy Act 1993.  We may collect certain personal information including, but not limited to, (a) identification data (for example your name, e-mail address, mailing address, contact number, birth date, age, occupation); (b) information about your usage of and interaction with our online services (for example computer and connection information, device capability, bandwidth, statistics on page views, frequency of use and traffic to and from our online services); (c) electronic identification data (for example internet protocol address and cookies); and (d) your user profile (for example identification key and password) via our online services. The provision of such personal information by you is not mandatory, but may be required in order to access or use certain sections of our online services. We will keep that personal information secure and not disclose that information to a third party unless required by law or any government agencies, to comply with legal process, where necessary to enforce these Terms, to respond to claims from third parties, to protect the safety, interests, rights or property of ours or others or as permitted under these Terms.

You agree that we may disclose your personal information to third parties under any of the following circumstances:

  • when we have your consent to disclose the personal information;
  • when we disclose your personal information in accordance with these Terms;
  • we need to disclose your personal information to provide the services that you have requested; and
  • we need to disclose the personal information to third parties who on behalf of us provide services to you (we will only provide such third parties the relevant information required for the provision of the services, and the third parties are prohibited from using such personal information for any other purpose).

In the event that you participate in promotional programmes on our online services sponsored or organised by third parties, your information may be disclosed to and used by such third parties.

Certain sections of our online services may use "cookies", which are small data files sent to your computer, to store and track information about you when you access such sections of our online services. The cookies track information such as users' profiles, the number of users, their frequency of use and their preferred webpages.

The majority of Internet browsers will allow you to configure the settings used for cookies. If you disable the use of cookies on your web browser, or remove or block specific cookies from our online services, then you may not be able to gain access to all of our online services.

Information that we collect may be stored or processed in any country and may be transferred between countries. Some of these countries may have data protection laws that are less stringent that those in the country in which you are using or accessing our online services. You acknowledge and agree to such storage, processing and transfer.

You also acknowledge and agree that information that we collect may be stored or processed in, or transferred to, servers of our service providers.

While we will take reasonable care in preventing the loss, misuse or alteration of your personal information, you acknowledge that data transmission over the Internet is insecure and we cannot guarantee the security of the data transmitted over the Internet.

Once you are registered for our online services, you can access your information and ask for corrections to be made.

For more detailed information please refer to the Privacy Act 1993 and its amendments.

8. Miscellaneous provisions

8.1 Links to other sites: For your convenience, our online services may provide links to other websites owned or operated by third parties, over which we have no control. You agree that we have no responsibility for the availability of those websites and that we make no guarantee, representation or warranty as to, and have no liability for the consequences of your accessing the linked website. Any such link to other linked websites on our online services does not constitute  an endorsement,  authorisation, verification or representation (a) that we are affiliated with the operators or owners of those linked websites; or (b) any content, advertising, products or services available from such websites. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

8.2  Invalidity or unenforceability: If any of these terms of use or their application to any person or circumstances is, to any extent, held to be invalid or unenforceable:

  • the remainder of these terms of use or the application of such terms of use to any other person or circumstances shall not be affected;
  • each term shall be valid and enforceable to the extent permitted by law; and
  • the invalid or unenforceable term will be deemed to be amended to reflect, as nearly as possible, the original intention (as determined from this website).

8.3 Protection of Personal and Property Rights Act 1988: Under the Protection of Personal and Property Rights Act 1988 a court can appoint an administrator, welfare guardian or manager in respect of certain persons, their property or affairs. Where this Act or an order made under it permits use of a login or hardware device contrary to these terms of use, the administrator, guardian or manager must use the login or hardware device only to the extent permitted under that Act or order. An administrator, guardian or manager must not use another person's identity.

8.4 Minors' Contracts Act 1969: If, under the Minors' Contracts Act 1969, any of these terms of use is held not to be fair and reasonable, then that term or condition will be deemed to be amended in relation to the relevant user to reflect the original intention (as determined from this website) as nearly as possible, but so as to be fair and reasonable and, in any case, in accordance with applicable law.

8.5 Governing Law and Jurisdiction: These Terms shall be governed by, and construed in accordance with, the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

9. Amendments to Terms

We may revise these Terms at any time and such revision is effective upon publication on our online services. You are responsible for ensuring that you have read the most current version of these Terms. Your continued access and/or use of our online services will be deemed to constitute your conclusive acceptance of the revised Terms. Our online services are subject to change including, without limitation, modification, deletion or replacement thereof without notice.

10. If you need help

10.1 Select this link which will take you to the Contact Council page or you can phone us on (06) 356 8199.

10.2 Remember: Council personnel will never ask you for your password and you should not give it to them.  

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