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 Bay of Plenty Regional Council (the Council) from time to time through the Council website.
These online payment terms constitute a contract between you and the Council. Please read them carefully. You may either accept or decline the terms as indicated at the bottom of this page, but to make payment using the services you must accept the terms by clicking "I Accept".
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.
Online payment terms
- 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.
- 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.
- Payment may be made using only Visa or MasterCard credit cards.
- The Council may contact you to confirm your credit card details.
- All charges are in New Zealand Dollars and inclusive of GST (if any).
- A 2% surcharge fee will be applied for online credit card payments.
- Part payment of debtor accounts is acceptable provided the full payment is made by the due date.
- All other payments must be paid in full and by no later than the final date for payment set out in the invoice/notice.
- Upon completing a transaction using the services, you will receive a payment confirmation receipt of your completed payment. The Council will also confirm your payment by email. If your payment is unsuccessful, you will be advised that your payment has failed. You should contact your credit card provider for details as the Council will not be advised why a payment has failed.
- 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.
- Once a payment has been made it cannot be cancelled.
- The Council accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.
Provision/collection of information
- 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 payment confirmation number.
- The first four and last three digits of the credit card (for validation purposes).
- The payment amount.
- 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.
- You hereby authorise the Council to collect information about you (including information about transactions processed by you) from time to time through the Council website. 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.
Refunds, disputed amounts or concerns
- Requests for refunds must be made in writing together with proof that you have paid more than the outstanding amount. If your request for a refund is granted the amount will be transferred to your nominated bank account.
- If you dispute the outstanding amount on your account please contact the Council in writing together with any relevant proof.
- For any requests for refunds, disputed amounts or other queries or concerns, please send all correspondence by email to email@example.com or by letter addressed to the Council at PO Box 364 Whakatāne 3158.
- 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
- 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.
Consumer Guarantees Act 1993
- If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by clause 20. If you are using the services for business purposes, the exclusions and limitations set out in clause 20 will apply and the provisions of the Consumer Guarantees Act 1993 are hereby excluded.
Use/availability of services
- 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.
- The Council reserves the right to suspend, amend or cancel the services at any time either temporarily or permanently.
The Council website terms and conditions
- These Online payment terms form part of the Council website terms and conditions of use, which apply to general Council website usage. By agreeing to comply with the Online payment terms you also agree to comply with the Council website terms and conditions of use. If there is a conflict between the Council website terms and conditions of use and these terms, the Online payment terms shall prevail.
- 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.
- 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.
If you have any questions or concerns, please contact firstname.lastname@example.org or telephone 0800 884 880 between the hours of 8.30am to 4.30pm (Monday to Friday).
Important security note: Never transmit credit card information by e-mail.