These Online payment terms apply to the use of the online payment transaction services (the services) for the payment of certain types of transactions as made available by Hauraki District Council from time to time through the Hauraki District Council website.
These Online payment terms constitute a contract between you and the Hauraki District Council (the Council). Please read them carefully. To make payment using this service you must indicate your acceptance before initiating any transaction with the Hauraki District Council.
Please note that the Online payment terms may be altered or added to by the Council at any time that the Council determines necessary, with or without notice. Please, therefore, ensure that you read the terms carefully on each occasion that you use the services.
1. You may use the services for the purposes of making payments to the Council where the Council offers the services, provided that you do not:
• In any way damage or disrupt the services/operation of the services.
• Use the services for any unauthorised or unlawful purpose.
2. You warrant that:
• You are aged 18 or over
• You have the appropriate authority to validly accept the Online payment terms and are able to and will meet your obligations in relation to these terms.
• The credit card used in connection with the services is issued in your name.
• You will pay the credit card issuer all charges incurred in the use of the services.
• The information supplied by you is true and correct.
3. Payment may be made using only Visa or MasterCard credit cards.
4. The Council may contact you to confirm your credit card details.
5. All charges are in New Zealand Dollars and inclusive of GST (if any).
6. The Hauraki District Council charges a surcharge of 2.355% of the payment amount + 17 cents per transaction including GST to cover our reasonable costs in providing this online credit card payment service.
7. 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. The 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 the Council's control.
8. Once a payment has been made it cannot be cancelled.
9. The Council accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.
10. You acknowledge that the credit 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 the Council via the third party website is:
• The name of the payer.
• The invoice/notice number.
• The first four and last three digits of the credit card (for validation purposes).
• The payment amount.
11. By using the Services you agree:
• To provide information through electronic means, ie you agree to provide any relevant information, in the format and to the standards described for each transaction.
• That the information supplied by you will be retained in electronic form.
• To receive information through electronic means.
12. You hereby authorise the Council to collect information about you (including information about transactions processed by you) from time to time through the Hauraki District Council websites. Any such information collected shall be treated in accordance with the Council's Privacy Statement, the Privacy Act 1993 and the Local Government Official Information and Meetings Act 1987.
13. Requests for refunds must be made in writing together with proof that you have paid more than the outstanding amount. Requests for refunds must be sent to email@example.com or addressed to the Council at PO Box 17, Paeroa 3640. If your request for a refund is granted the refund will be processed via the original payment method only.
14. If you dispute the outstanding amount on your account please contact the Council.
15. 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 card information) may be able to be read and/or intercepted by a third party. The 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. Exclusion/limitation of the Council's liability
16. To the extent permitted by law, the 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, the Council is found to be liable to you for any damage or loss which arises as a result of your use of the services, the Council's liability shall be limited to the amount paid by you through the services or $100, whichever is the lesser.
17. If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by clause 16. If you are using the services for business purposes, the exclusions and limitations set out in clause 16 will apply and the provisions of the Consumer Guarantees Act 1993 are hereby excluded. Use/availability of services
18. The 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.
19. The Council reserves the right to suspend, amend or cancel the services at any time either temporarily or permanently.
20. These Online payment terms form part of the Hauraki District Council website terms and conditions of use, which apply to general Hauraki District Council website usage. By agreeing to comply with the Online payment terms you also agree to comply with the Hauraki District Council website terms and conditions of use. If there is a conflict between the Hauraki District Council website terms and conditions of use and these terms, the Online payment terms shall prevail.
21. You agree to indemnify the Council for any loss, cost or expense suffered or incurred by the Council as result of:
• Your breach of your obligations under the Online payment terms.
• Intentional misuse of the services.
• Your negligent acts or omissions.
• Any claim brought against the Council by a third party in relation to your use of the services.
22. The Online payment terms are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the services and these Online payment terms.