Terms and Conditions of Use

Introduction

Welcome to Hamilton City Council’s online service. Registration enables customers greater access to a range of Hamilton City Council services online.

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

Please read these Terms carefully. By accessing and using this web page and the other web pages owned or operated by us or accessing and using  our online service (“online service”), 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 service. If we change any Terms, your continued use of the service indicates your acceptance of the changes.

Specific terms and conditions of use appearing on specific web pages and/or sections of our online service may be applicable to those web pages and/or sections of our online service. 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:

• Accessing the online service via a RealMe login
• Online service 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

Accessing the online service via a RealMe login

In order to access our online service, you will need a login from the RealMe login service that is operated by the Department of Internal Affairs (DIA) and NZ Post Group Limited. If you do not already have a RealMe login, you will be able to create one when you register for our online service.

• Find out about RealMe
• View the RealMe Terms of use
• Read the privacy policy for the RealMe login service and the RealMe assertion service

Online service registration

The first time you access our online services, you will be asked a number of identification questions. We will use your responses to identify which services you will be eligible to see online, so you must answer the questions accurately and as completely as you can.

We will endeavour to verify your registration request within a reasonable period of time, but the validation may take several working days depending on the information you provide. We will notify you once your registration request for online access has been processed.

We may contact you to confirm your details and your request for access to the online service, during the time your registration is being verified.

If we consider there are any discrepancies in your responses or need you to provide proof of identity, you may be asked to confirm your details in a way we specify, otherwise your access to the online service may not be granted.

All access to the online service is granted completely at our discretion.

Proprietary Rights

The information and materials located or hosted on, or linked to, our online service (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 service. 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 service.

All other trademarks, trade names, service marks, product names and logos contained on our online service 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.

Our commitments to you

Availability of service: Our online service is provided to you on an “as is” and “as available” basis without warranties of any kind. Your use of our online service 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 service and We do not guarantee, represent or warrant that access and use of our online service 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.

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

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 service users are advised to use their own judgment.

Third party advertising: We may allow third party advertisers to place advertisements on our online service. These advertisements will be clearly identified as originating from third parties. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.

Your commitments to us

The purpose of your commitments to us, set out below, is to protect the integrity and security of the online service, users of the online service 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 service 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 service registration;

• notify us immediately if you or someone you know of has access to any unauthorised information within our online service;
• not use our online service 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 service;
• only save an electronic copy or print out a copy of the Content solely for your own personal and non-commercial use; and
• 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 service has been compromised; or
• you become aware of any unauthorised use of your online service account.

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

You should:

• choose a RealMe password that is known only to you which cannot be easily guessed by anyone else;
• not disclose your password or RealMe security questions to anyone, including our personnel (please note that our personnel will never ask you for your password or RealMe security questions);
• 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 service 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 service or any part of it or any other website.

Subject to the restrictions below, you are allowed to hyperlink to our home page at Hamilton City Council online services.

You may not hyperlink to our online service 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 service 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 service or any part thereof immediately.

We have no responsibility for the content available on any website which Links, mirrors or frames our online service 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 service or any part of it.

Liability and exclusions

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 service using your RealMe login and password, your use or misuse of, or access or loss of access to, the our online service and disbursements and costs of investigation, litigation, settlement, judgment and interest regardless 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 service is limited to an amount equal to the fees paid by you to us within the 12 months preceding the breach, act or omission.

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

1. faults in the online service, unless such faults are obvious or you have been advised not to use the online service temporarily, by message or notice on display; or
2. 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.

Unlawful access or use: If you knowingly access or use or attempt to access or use the online service 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.

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

Disputes: Any dispute in connection with these Terms or our online service 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.

Protective action

We reserve the right, in our absolute discretion, to monitor any and all access and use of our online service. We reserve our right to suspend or disable your access and use of our online service 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.

Privacy

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, educational level, income level, gender, industry of work); (b) information about your usage of and interaction with our online service (for example computer and connection information, device capability, bandwidth, statistics on page views, frequency of use and traffic to and from our online service); (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 service. 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 service. 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 service sponsored or organised by third parties, your information may be disclosed to and used by such third parties.

Certain sections of our online service 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 service. 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 service, then you may not be able to gain access to all of our online service.

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 service. 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 service, 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.

Suppression of information: If you have previously indicated to us to have your personal information suppressed from external queries or you wish to do so, please contact us directly to discuss your options for accessing our online service.

Miscellaneous provisions

Links to other sites: For your convenience, our online service 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 service 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.

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).

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.

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.

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.

Amendments to Terms

We may revise these Terms at any time and such revision is effective upon publication on our online service. 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 service will be deemed to constitute your conclusive acceptance of the revised Terms. Our online service is subject to change including, without limitation, modification, deletion or replacement thereof without notice.

If you need help

Frequently asked questions: A register of frequently asked questions (FAQ) is being established and maintained for the online service.  The FAQ register will be available from our online service.

RealMe login support: Please check the RealMe FAQ or contact the RealMe Help Desk if you have any questions about your RealMe login.

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