Terms and conditions for transaction processing services


Manawatu District Council Transaction Processing Service enables customers to process certain types of transactions (as made available by Manawatu District Council from time to time) through the Manawatu District Council website. All such Transaction Processing Services shall be subject to the terms and conditions below and the Terms and Conditions of Use of the MDC website, which are incorporated herein by reference. In these terms and conditions, the following words and phrases shall have the following meanings:

Use of Transaction Processing Services

MDC makes Transaction Processing Services available for your personal and/or internal business purposes. You may use information provided to you through your use of Transaction Processing Services solely for your personal and/or internal 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.

Information

You hereby authorise Manawatu District Council to collect information about you (including information about transactions processed by you) from time to time through the MDC website. Any such information collected shall be treated in accordance with the MDC Privacy Policy. Manawatu District Council may disclose information about you (including your identity) to a third party if MDC is requested to do so in the course of a criminal or other legal investigation, or if MDC determines that disclosure is necessary in connection with any complaint regarding your use of the site.

Confidentiality

Certain documents can be made confidential and a request can be made for the same. The final discretion for making the document confidential lies with Manawatu District Council. Further details can be obtained by contacting MDC.

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, documents and attachments in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.

Consent for us to provide you with information in electronic form

Use of these services means that 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.

Accounts

Certain Transaction Processing Services offered by MDC may require a login ID and password for verification of your identity) to access for the Transaction Processing Services. You agree that all information provided to MDC by you in relation to your account shall be current, complete and accurate. The use of a MDC account is subject to the terms and conditions contained in the Manawatu District Council Account Agreement. You agree to comply with all such terms and conditions in respect of your use of Transaction Processing Services.

Password Security

We recommend the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login ID and password, and for all activity which occurs on or through your account, whether authorised or unauthorised, including use by current and former employees if you are a corporate entity. You should change your password immediately if you believe that your login ID and password have been used without authorisation. Manawatu District Council shall not have any liability for your failure to comply with these obligations.

Security

Transaction Processing Services are provided through a secure website [using SSL (secure socket layer) encryption]. 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 website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. Manawatu District Council shall have no liability for the interception or ‘hacking' of data through the website by unauthorised third parties.

Your Warranties

In using Transaction Processing Services, 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 to process a transaction, you represent and warrant that the credit card is issued in your name and that you shall pay to the issuer all charges incurred through the use of Transaction Processing Services. If you are using a MDC account, you represent and warrant that you are authorised to use the login ID and password allocated to such account.

Accuracy of Transaction Information

Upon completing a transaction using Transaction Processing 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, credit card/account information and other details are correct. You should print the transaction confirmation for future reference and your files. MDC shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing Transaction Processing Services or for loss of data or information caused by factors outside of Manawatu District Council's control.

Limitation of Liability

Except as expressly prohibited by law, in no event will Manawatu District Council be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where MDC has been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, Manawatu District Council is found to be liable to you for any damage or loss which arises as a result of your use of the website, Manawatu District Council'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. Some jurisdictions do not permit the exclusion of implied warranties, and if you are in one of those jurisdictions these exclusions may not apply to you.

Right to suspend, alter or cancel service

Manawatu District Council shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of Transaction Processing Services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

Specific Service Terms and Conditions

The Customer acknowledges that certain Transaction Processing Services made available or offered by MDC from time to time may be subject to specific additional terms and conditions, and agrees to review and comply with any such additional terms and conditions. Access and use of any Transaction Processing Service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service.