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Website, Mobile App & Digital terms of use Website, Mobile App & Digital terms of use

These terms of use govern your access to and use of all AT owned and operated digital platforms including our websites, mobile applications and APIs made available by AT for use, (collectively our platforms).

By using any of our platforms you agree to these terms of use.

Last updated: 1 June 2019, find out about this update.

1. Definitions

In these terms of use, unless the context otherwise requires:

  • AT means Auckland Transport and 'we', 'our' and 'us' have corresponding meanings.
  • Charged services means services available online through our platforms for which a fee is payable to Auckland Transport.
  • Fee means any fee payable for the charged services as recorded in the schedule of fees for the relevant charged service on this website.
  • Mobile application, mobile app or app means any software application developed for use on wireless computing devices and owned and operated by AT, including any updates to it which are made available by AT from time to time.
  • Online service payment process means the process by payments to Auckland Transport may be made through our platforms.
  • Online service payment terms mean the sections of these terms governing your use of the online service payment process.
  • Online store terms mean the terms applying to the external website or online store from which you downloaded a mobile application, as may be updated from time to time.
  • Username means a form of identification a user of this website uses, together with a password, to gain access to charged services and any other parts of this website for which registration of the user is required.
  • Website means the www.at.govt.nz website and includes each of its subdomains or any website operated by AT.
  • Terms of use mean all of these terms of use and any changes made to them from time to time.
  • You means the person accessing or using the platform or service, and your has a corresponding meaning.

2. Additional terms for particular services offered

2.1. You may be required to agree to additional terms and conditions for particular services which we may make available to you from time to time through our platforms prior to being able to use those particular services. Any such additional terms and conditions are to be read in conjunction with these terms of use.

2.2. To the extent of any inconsistency between these terms of use and any additional terms and conditions for particular services, the additional terms and conditions will prevail in relation to the particular services.

2.3. From time to time, services may be changed, or your access rights, or the terms and conditions which you have entered into in relation to any particular service, or the online service payment terms, may be changed by Auckland Transport. When this has occurred you may be asked to accept updated terms and conditions on your next use of that service or the online service payment process. If you do not accept any updated terms and conditions, you will not be able to access the particular service or use the online service payment process.

3. Security

3.1. If you register for services or access through our platforms and are issued with a username and password, you will be responsible for all use of the services through use of your username and password. You are responsible for keeping your password secure and secret.

3.2. The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver's licence or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. If you believe an unauthorised person knows your password, you must notify us immediately and change your password as soon as possible.

4. Payment - Online Service Payment Terms

If you wish to access any of the charged services or make other payments to Auckland Transport through our platforms, this section also applies.

4.1. Authority to accept terms

4.1.1. You warrant that you have the appropriate authority and power to validly accept these online service payment terms and any charged service terms and conditions applicable to the charged services which you request through our platforms.

4.1.2. You agree that you are able to, and will, meet your obligations in relation to these online service payment terms and the relevant charged service terms and conditions promptly and in accordance with any relevant laws.

4.1.3. If using a charged 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 or debit card, you represent and warrant that the credit or debit card is issued in your name and you will pay all charges incurred through the charged services.

4.1.4.You will pay all fees payable for a charged service at the time your request or application for a charged service is accepted by AT. AT reserves the right to amend any fees from time to time and to adjust any fees recorded on the platform for a charged service if the price recorded is incorrect. All fees are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).

4.2. Security

Payments made by means of the online service payment process is 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 provide through the website (including credit card information) may be read or intercepted by others. AT will not have any liability for the interception, 'hacking' or other unauthorised access of information through the website by unauthorised third parties.

4.3. Verification of information

It is your responsibility to ensure that the transaction, credit card information, and all other details you provide in relation to your payments made through the online service payment process are correct. AT will not have any liability for transactions which are incorrect as a result of inaccurate data or information provided by you.

4.4. Your responsibilities regarding the use of the online service payment process

4.4.1. You agree to use the online service payment process only for making payments to AT. You agree not to use the online service payment process for any improper, injurious, offensive or unlawful purposes.

4.4.2. You agree not to damage or disrupt the online service payment process. You are responsible for making your own assessment of the suitability of the online service payment process for achieving your purposes.

4.5. AT's responsibilities regarding the use of the online service payment process

4.5.1. Our limitation of liability set out in this paragraph does not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Subject to that statement, if we are liable to you in relation to this online service payment process, the maximum amount we will pay as compensation for your loss:

  • in connection with a charged service, the fees payable by you for that charged service; and
  • in connection with any other use of the online service payment process $100.

4.5.2. AT reserves the right to alter, suspend or terminate the online service payment process temporarily or permanently at any time.

4.6. Indemnity

You agree to indemnify AT in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by AT as a result of:

4.6.1. A breach by you of any of your obligations under any terms and conditions which you have accepted into in relation to the online service payment process;

4.6.2. Your intentional misuse of the online service payment process or the platforms;

4.6.3. Your negligent acts or omissions; and

4.6.4. Any claim, suit or action brought against AT by a third party for any of the matters above.

4.7. Infringement payments - refund and returns policy

4.7.1. While AT's policy is not to refund infringement payments received, each case will be considered based on the issue presented.

4.7.2. Requests must be made in writing to AT by the person(s) making the payment. Please include the following information:

  • infringement number,
  • vehicle registration,
  • your contact details,
  • a brief description of the issue.

4.7.3. To enable a payment trace, please also provide the following:

  • date of payment,
  • method of payment eg credit card, Account2Account,
  • amount of payment.

See Pay or query a fine for ways to contact us about your infringement query.

4.7.4. All payments are to be made in advance by credit card (Auckland Transport accepts MasterCard and Visa). Auckland Transport may contact you directly to confirm your credit or debit card details.

5. Intellectual property

5.1. Your use of our platforms must not infringe the intellectual property rights of any person.

5.2. All copyright and other intellectual property rights in our platforms and all associated content is owned by AT and/or our licensors.

5.3. Subject to any additional terms and conditions for particular services, you may use information available on our through our platforms in accordance with our Copyright Statement.

6. Use of AT Platforms

6.1. You must provide your own internet access and device in order to download, install and/or use the platforms. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the platforms (including any global roaming charges where you use an app overseas) and you acknowledge and agree that AT has no responsibility or liability for those charges.

6.2. When using a platform, you may be asked to grant the platform certain permissions and access. If you do not grant these permissions and access, you may be unable to use the platform or some of its features.

6.3. Access to and use of our platforms is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons.

6.4. You may only access and use our platforms to view the availability of our goods and services for your personal and domestic purposes and to transact lawful and authorised business with us and for no other purpose. You agree you must not use a platform (or attempt to use it) in the following manner:

6.4.1. For any unlawful or dishonest activity;

6.4.2. To access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;

6.4.3. To obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

6.4.4. To transmit, publish or communicate bulk and/or unsolicited messages; or

6.4.5. In any way that may cause AT, its suppliers or other users of the app to incur liability to a third party.

6.5. Any use of an AT mobile app is subject to any limitations or restrictions on the permitted use of the mobile app contained in the online store terms where you downloaded the app.

7. Hyperlinking

We reserve the right to prohibit links to our platforms and you agree to remove or cease any link upon our request. You may not frame any part of the material on our platforms by including advertising or other revenue generating material.

8. Areas of liability

8.1. If the Consumer Guarantees Act 1993 applies to these Terms of Use, nothing in these Terms of Use limits your rights under that Act. If you acquire any goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.

8.2. The information provided on our platforms are for general guidance only. Users of the information contained on our platforms must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions.

8.3. Accessing our platforms, using our transaction processing services, and the downloading of any material is done entirely at the user's own risk. The availability of information on our platforms does not constitute a recommendation by AT or any other person. If you enter into any transaction subsequent to accessing a platform, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of AT.

8.4. To the fullest extent permitted by law:

8.4.1. All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of a platform or the content on, or accessed through it; and

8.4.2. AT will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of a platform or the content on, or accessed through a platform.

8.5. The exclusions and limits set out in these terms of use will also operate for the benefit of AT’s relevant suppliers, licensors and agents which AT use to provide its platforms.

8.6. Although we have endeavoured to ensure the content on its platforms is current, accurate and complete, we do not warrant that such content will be current, accurate or complete when you access it. We will take action to correct any error or inaccuracy which is brought to our attention.

9. Third party websites and advertising

Our platforms may contain links to third party websites not owned by AT and/or advertising not related to AT. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. Those websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by AT and such links are provided for your convenience only, and do not imply that AT checks, endorses, approves, investigates or agrees with third party websites this website links to. To the fullest extent permitted by law, AT disclaims any and all liability in respect of use of any third party websites this website links to, unless this is specifically stated on this website.

10. Poll disclaimer

In the event that we conduct online polls, we do not claim the online poll results will be accurate. Any poll results will only reflect the opinions of those platform users who have chosen to participate.

11. Customer Privacy Policy

Our Customer Privacy Policy governs our use of any personal information you provide during your use of our platforms.

12. Under 18

If you are under the age of 18, you must only use our platforms with the consent of your parent or guardian. You may not use charged services if you are under the age of 18.

13. Compliance with law

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through our platforms.

14. Jurisdiction and governing law

Our platforms have been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with this website or any AT mobile application will be exclusively governed by New Zealand Laws and will be dealt with by New Zealand Courts.

15. Termination

15.1. You may terminate your use of any of the charged services, or access to any part of the platforms for which registration is required (including the online service payment process), at any time by requesting that AT delete your username and password for the relevant service or part of this website.

15.2. We may restrict or block your access to and use of:

  • our platforms at any time if we reasonably believe that you may have breached any provision in these terms of use; and
  • a service available on our platforms if we reasonably believe that you may have breached any provision in the additional terms and conditions for that service.

15.3. Any termination of your right to use any of the platforms, will not affect any rights or obligations which have accrued by either you or AT prior to termination.

15.4. You may terminate your use of any downloaded mobile app by uninstalling the app from your device at any time.

16. Amendments

16.1. AT may at any time and without notice, remove, amend and/or vary any of the content which appears on a platform, or cease operating the platform and any related services in whole or in part.

16.2. We may also amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use ta platform after any such amendment, you are deemed to have agreed to that amendment.

17. Contacting us

If you have any questions or concerns in relation to a platform or these terms of use, please contact us.

These terms of use were last updated on 1 June 2019.

Updates

1 June 2019

We have updated the items of our Website, Mobile App & Digital terms of use to govern a growing range of digital platforms rather than simply websites and apps. Service-specific terms of use are dealt with separately.

Our Online Service Payments Terms which were previously a separate set of terms are now a clause in our updated Website, Mobile App & Digital terms of use so it is easier for our customers to find them all in one place.

Overview of changes

  • Our "Online service payment process" definition was updated to reflect that there are payment methods beyond credit and debit cards.
  • We want to reiterate that the customer is responsible for all use of the services through their username and password.
  • We have added that use of an AT mobile app is subject to the terms of the app store it was downloaded from.
  • We want to make it clear that our Customer Privacy Policy governs our use of a customer's personal information.
  • We want to reiterate that a customer must be over 18 to be able to use charged services.
  • We have simplified our Termination clause (clause 23 in Previous Terms, now clause 15) to make it clearer when we may restrict or block access to our platforms.

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