These Online Services Terms and Conditions ("Terms and Conditions") apply to the use of the online payment transaction and application submission services ("Services") for the payment of certain types of transactions and the submission of applications (such as Building Consents) as made available by Whangarei District Council ("Council") from time to time through the Council website. In order to lodge an application you must first register for an online services account with Council.
These Terms and Conditions constitute a contract between you and Council. Please read them carefully.
Please note that the Terms and Conditions may be altered or added to by Council at any time that Council determines necessary, with or without notice. Please, therefore, ensure that you read the Terms and Conditions carefully on each occasion that you use the Services.
It is strongly recommended that you take and retain a copy of any payment transactions and/or application submitted for record keeping purposes.
1. You may use the Services for the purposes of making payments or lodging applications to Council where Council offers the Services, provided that you do not:
2. You warrant that:
3. Payment may be made using only Visa or MasterCard credit or debit cards.
4. Council may contact you to confirm your credit or debit card details.
5. All charges are in New Zealand Dollars and inclusive of GST (if any).
6. Part payment of rates and water accounts is acceptable provided the full payment is made by the due date.
7. All other payments must be paid in full and by no later than the final date for payment set out in the invoice/notice. Please take in to account the time required for the payment to be processed.
8. Upon completing a transaction using the Services, 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. Council shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Services or for loss of data or information caused by factors beyond Council's control.
9. Once a payment has been made it cannot be cancelled.
10. Council accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit or debit card issuer.
11. You acknowledge that the credit or debit card information supplied by you in relation to the use of the Services is processed through a secure third party website. The only information supplied to Council via the third party website is:
12. By using the Services you agree:
13. You hereby authorise Council to collect information about you (including information about transactions processed by you) from time to time through Council's website. Any such information collected shall be treated in accordance with Council's Privacy Statement, the Privacy Act 1993 and the Local Government Official Information and Meetings Act 1987.
14. Requests for refunds must be made by contacting Council via email@example.com, by phoning +64 9 430 4200 or addressed to Private Bag 9023, Whangarei. We require the reason for the refund and the amount. If the request is granted, the refund will be processed back onto the credit or debit card, where the payment came from originally.
15. If you dispute the outstanding amount on your account, please contact Council.
16. Payments using the Services are made through a secure third party website. However, you acknowledge and agree that Internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit or debit card information) may be able to be read and/or intercepted by a third party. Council shall have no liability for the interception and/or 'hacking' of any data or other unauthorised access to information provided by you for the purposes of the Services.
17. To submit an application for a building consent or a project information memorandum ("PIM") you must have an online services account ("account").
18. By registering for an account you confirm and agree that:
19. Council reserves the right to deactivate or suspend your account if there is any breach of any of Council's terms and conditions, including but not limited to these terms and conditions.
20. You have the right to access the information in your account and request for any information to be corrected. You can also deactivate your account at any time. Contact Council's customer services department for any of these actions.
21. By having an account and submitting applications via that account, you agree that this does not guarantee any stated, implied or assumed outcome.
22. To the extent permitted by law, Council does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Services. If, for any reason, Council is found to be liable to you for any damage or loss which arises as a result of your use of the Services, Council's liability shall be limited to the amount paid by you through the Services or $100, whichever is the lesser.
23. If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by clause 17. If you are using the Services for business purposes, the exclusions and limitations set out in clause 17 will apply and the provisions of the Consumer Guarantees Act 1993 are hereby excluded.
24. Council does not warrant or guarantee that the Services and/or your use of the Services will be error-free, immediate, virus free and/or continuously available or that the information provided through the Services will be complete, accurate and/or up-to-date.
25. Council reserves the right to suspend, amend or cancel the Services at any time either temporarily or permanently.
26. These Terms and Conditions form part of Council's Terms and Conditions of Use, which apply to general Council website usage. By agreeing to comply with the Terms and Conditions you also agree to comply with Council's Website Terms and Conditions of Use. If there is a conflict between Council's Website Terms and Conditions of Use and these Terms and Conditions, the Online Payment Terms and Conditions shall prevail.
27. You agree to indemnify Council for any loss, cost or expense suffered or incurred by Council as result of:
28. The Terms and Conditions are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the Services and these Terms and Conditions.
29. Whangarei District Council uses the DPS Payment Express Payment Gateway for its online credit and debit card transactions. DPS processes online credit and debit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.
Visit the DPS Payment Express website for more info on online credit card payments.