Website terms of use

Bay of Plenty Regional Council (“BOPRC”, “we” or “us”) owns and/or operates this website and subsidiary websites, including these other websites (together, the “website”):

• www.envdata.boprc.govt.nz
• www.baybus.co.nz
• https://maritime.boprc.govt.nz
• www.smartgrowthbop.org.nz (hosted by BOPRC only)
• www.bopcivildefence.govt.nz

Your access and use of the website (including your use of any services provided through the website) is subject to these Website Terms and Conditions (“Terms”) and all applicable laws.  This includes the terms and conditions set out in this page, together with any applicable terms or conditions on other parts of the website. 

By accessing, browsing, or using the website, you accept and agree to comply with these Terms and all applicable laws.  If you do not agree with any aspect of these Terms, you must not use or access the website.

BOPRC reserves the right to amend or update these Terms from time to time without notice by posting updated Terms here on this website.  Any such amended Terms will take effect from the date that they are posted on this website.  It is your responsibility to ensure that you are familiar with the current Terms. You agree to be bound by the Terms that are in effect at the time you access or use the website.  

The website and the content on the website is either owned, licensed or otherwise provided by BOPRC and is subject to copyright and other proprietary rights. Unless stated otherwise, BOPRC owns all copyright and other proprietary rights in the website and all material on the website, including without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in the website (collectively, "content") 

Subject to the below, BOPRC grants you a licence to reproduce, store, and use the website and the content for personal, informational and non-commercial purposes only.  Any reproduction or use of any content must:

• reproduce the information accurately
• acknowledge the source and copyright status of the material
• not use the information in a derogatory manner or in a misleading context
• not make any representations or warranties regarding the content

At times the website may contain content or links to content in which copyright or other intellectual property is owned by a third party.  The licence granted above does not extend to such third-party material.  Permission to reproduce third party copyrighted material must be obtained from the copyright holder(s) concerned. 

You may link to the website, but permission is restricted to making a link without any alteration to the website’s content.  Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from the website on any other site unless express written permission has been obtained from BOPRC.  

Except as stated above, no portion of the website or the content, or the Bay of Plenty Regional Council’s logo(s), may be copied or used without the written permission of BOPRC.

You are prohibited from posting or transmitting to or from the website any content or material that: 

• is illegal, defamatory, or threatening
• infringes intellectual property rights
• is invasive of privacy or otherwise injurious or objectionable
• interferes with or disrupts the website or servers or networks connected to the website 
• transmits content that is or includes unsolicited or unauthorised advertising, promotional material, or any other form of solicitation
• transmits content that contains software viruses, trojan horses, or another computer code, files, or programs designed to or that may interrupt, destroy, or limit the functionality or any computer software or hardware.  

You must not:

• attempt to gain unauthorised access to any portion or feature of the website, or attempt to obtain any materials, information or documents through any means not purposely made available by BOPRC
• test the vulnerability of the website, or seek to trace any information on any other user of the website
• do anything which alters the website, or interferes with, disrupts, or affects its working (this includes, without limitation, removing/adding anything from/to the website, linking the website to another website, and distributing any part of the website to anyone else);
• use the website for any improper, injurious, offensive or unlawful purposes.

Any content or material you transmit or post to the website and that is visible on the website will be considered non-confidential. 

You grant BOPRC a non-exclusive, royalty-free, and irrevocable licence to publish your contributions in any media and in any format, including on the website, in hard copy publications and email notifications.

If you make a contribution to the website which includes materials in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to use that material. 

The views expressed on the website by third party contributors are their views and do not necessarily reflect the views of BOPRC or any of its officers or employees.

For your convenience, the website contains links to other websites that are external to BOPRC and which are not under the control of BOPRC. While BOPRC takes reasonable care in selecting linked sites, the inclusion of links to third party websites does not imply any endorsement, investigation, or verification by BOPRC of the linked website, its content, or provider.  BOPRC is not responsible for, and makes no representations, warranties or conditions concerning the contents or operation of any linked site or any link contained in a linked site. It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in linked external sites.

BOPRC welcomes your participation on our social media pages. 

Please be respectful of the community by complying with the applicable terms and conditions of the relevant social media platform.  BOPRC reserves the right to delete or ban users for comments, images or links that:

• attack or discriminate other users
• contain expletives
• have inflammatory content that target or disparage any ethnic, racial, or religious group. 

BOPRC claims no liability in any way connected to the use of or access of its social media accounts.

BOPRC offers online facilities that enable certain services and transactions (including payments) to be carried out through the website (together, "online services").  

The terms below apply to your access or use of the online services (in addition to the remainder of these Terms).   Please be aware that any transactions that you complete through the online services are binding on you.  In particular, once an online payment has been made it cannot be cancelled.

Consent for BOPRC to receive and store information in electronic form
Use of the online services means that you agree to provide through electronic means any relevant information, documents and attachments in the format and to the standards prescribed for each online service.  It also means you agree and understand that the information will be retained in electronic form.

Consent for BOPRC to provide you with information in electronic form
Use of the online services means that you agree to receive information and communications through electronic means.  

Online Payments

• BOPRC may contact you to confirm your debit or credit card details.
• All charges are in New Zealand Dollars and inclusive of GST (if any).
• A 2% surcharge fee will be applied for all online credit card payments.  
• Part payment of debtor accounts is acceptable provided the full payment is made by the due date.
• Upon completing a payment online, you will receive a payment confirmation receipt of your completed payment.  If your payment is unsuccessful, you will be advised that your payment has failed.  You should contact your credit card provider for details as we will not be advised why a payment has failed.
• The terms of your arrangement with your credit card or debit card issuer will apply to all online transactions.  
• BOPRC accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.

Accuracy of information
It is your responsibility to verify that all information you have provided (including bank account, direct debit, and credit card details) is correct. BOPRC shall have no liability to you or any third party for transactions or services which are incorrect or incomplete due to inaccurate data entry.  

Registration and Password Security
Certain online services may require you to register and obtain a username and password to verify your identity and enable access to the online services.  You agree that all information provided to BOPRC in relation to your registration shall be current, complete and accurate.

If you are required to select a password to use or have access to an online service, you are responsible for maintaining the security of your username 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 and advise BOPRC immediately if you believe that your username and/or password has been used without authorisation.  BOPRC will not have any liability for your failure to comply with these obligations.

Security
Online services are provided through a secure website.  If third party service providers are used to provide online services, BOPRC will use its reasonable endeavours to ensure that the third-party website is secure.  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 debit and credit card information) may be read or intercepted by others, even where a website is stated as being secure.  BOPRC shall have no liability for any interception, "hacking", or other unauthorised access of information provided by you for the purposes of the online services. 

Use of Third-Party Service Providers
BOPRC uses third party service providers to provide online payment services.   

You will be redirected to the relevant secure third-party website when you complete a transaction online using your credit or debit card or using POLI services.

You acknowledge that debit and credit card information (and bank account information when using POLI services) that you provide in relation to the use of the online services is processed through the relevant secure third-party website.  BOPRC is only provided with information via the third-party website that it needs to confirm the payment for its records – this generally includes the name of the payer, the payment confirmation number, the payment amount, and some of the credit or debit card digits (for validation purposes). 

Your access to and use of these third-party websites will be subject to the terms and conditions (including the privacy statement) of the relevant third-party service provider.  BOPRC has no control over and assumes no responsibility to you in respect of your use of these third-party websites.

Your warranties
By using the online services, you represent and warrant that: 

• you are aged 18 or over and otherwise have legal capacity to validly accept these Terms;
• you have the appropriate authority to validly accept these Terms and are able to, and will, meet your obligations in relation to these Terms;
• you are the person(s) named in the online form, or that you otherwise have legal authority to complete and submit the form on behalf of the person(s) named in the form; 
• the information you have provided is true and accurate in all material respects; 
• if you are using a credit card or debit card to carry out an online payment, that the credit card or debit card is issued in your name, and that you will pay the card issuer all charges incurred in the use of the online service;; and
• if you are accessing or using the online service through a registered account, that you are authorised to use the username and password to such account.

Refunds 
Refunds, if any, will be entirely at the discretion of BOPRC and will be subject to any specific additional terms and conditions in respect of the online service.  It may be stated in the specific additional terms and conditions that no refund will be available.  

Requests for refunds must be made in writing, together with proof that you have paid more than the outstanding amount. 

If we choose to provide a refund, credit and debit card transactions will be refunded back to the card used for payment.  Bank to bank payments will be refunded back to the originating bank account.

Right to suspend, alter or cancel online services
BOPRC shall be entitled at any time, without prior notice or any liability to you, to suspend, alter or cancel any of the online services and/or to substitute alternative online services, which may or may not be interactive or transactional in nature.

Specific terms and conditions
You acknowledge that certain online services made available or offered by BOPRC from time to time may be subject to specific additional terms and conditions (in addition to these Terms).  By accessing and using any such online service, you agree to review and be bound by any such additional terms and conditions.  Where there is an inconsistency between the specific terms and conditions and these Terms, the specific terms and conditions will take precedence.

The website and online services are for your use ‘as is’. Your use of or reliance on the website, the website content, and any online services, is at your own risk.

BOPRC has made reasonable efforts to ensure that the website and online services: 

• contain accurate information;
• function correctly; 
• are available and accessible;
• are provided through a secure website;
• are free of errors, viruses, malware, or other harmful components; and
• do not infringe any person’s rights. 

BOPRC will use reasonable endeavours to correct errors, inaccuracies, and remove inappropriate content brought to its attention.

Nonetheless, BOPRC is not liable in respect of any of the matters set out above and does not make any guarantees or representations (express or implied) in respect of the above matters.  

To the maximum extent permitted by law, BOPRC excludes all liability to you for any damage, loss, costs (including legal costs), or expenses of any kind which arise (either directly or indirectly) as a result of, or in connection with, your use or access of the website (including your use of the online services).  

If, notwithstanding the foregoing, BOPRC is found to be liable to you for any damage or loss which arises as a result of your access or use of, or inability to access or use, the website or the online services, BOPRC’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. 

If the Consumer Guarantees Act 1993 applies to your use of the online services you may have rights or remedies that are not excluded or limited by this clause. 

We comply with the provisions of the Privacy Act 2020.  BOPRC also has a detailed Privacy Statement that explains what personal information we collect, and how we collect, use and share your personal information.

You may browse the website without providing any personal information.  However, when you visit the website, we automatically log some non-personal information relating to site use – this is explained in more detail in our Privacy Statement.

You authorise BOPRC to receive and collect personal information which you voluntarily provide (including information about your online transactions) from time to time through the website and the online services.  Any such information collected shall be treated in accordance with BOPRC’s obligations under the Privacy Act 2020 and our Privacy Statement.  

You may seek access to, or correction of, personal information held about you by BOPRC in accordance with your rights under the Privacy Act and as set out in our Privacy Statement.

All enquiries about, or formal requests for, information in terms of the Privacy Act 2020 or the Local Government Official Information and Meetings Act 1987 should be made in writing to:

Bay of Plenty Regional Council
By post: PO Box 364
Whakatāne 3158
By email: privacy@boprc.govt.nz

If you feel we have breached the Privacy Act or have a privacy issue you wish to discuss with us, please contact us at the above email or postal address or phone 0800 884 880. 

If you believe there is a privacy dispute we cannot resolve, you can make a complaint to the Privacy Commissioner, who can investigate potential breaches of the Privacy Act.  The Privacy Commissioner’s contact details are available on their website here. 

The following additional terms apply when you make a request to receive rates invoices, assessments and penalty notices by email through the online form (“email authorisation form”): 

• One rates invoice per property will be issued to the email address provided.
• If BOPRC becomes aware that an email is unable to be sent, then a hard copy will be mailed to the last known postal address of a ratepayer as notified to BOPRC or to the last known business or residential address of a ratepayer.
• BOPRC assumes no responsibility or liability in respect of any rates assessment, rates invoice, or penalty notice that cannot be delivered due to fault on your part (for example, due to an incorrect or invalid email address or an error of transmission that is not the fault of BOPRC).
• BOPRC may cancel or postpone email delivery of rates invoices, assessments, and penalty notices at any time at its discretion.  In the event of cancellation or postponement of this service, you will receive paper copies by post.
• In accordance with section 136(4) of the Local Government (Rating) Act (“Act”), a rates assessment rates invoice, and any penalty notice must be treated as received by you not later than 2 days after the date on which it is sent by BOPRC to the email address provided in this form, except where section 136(5) of the Act applies.  
• You acknowledge that nothing in the email authorisation form or these Terms affects your liability as a ratepayer to pay rates and penalties under the Act.
• If you have indicated that you would like BOPRC to provide your information to your city/district council, you acknowledge and agree that the delivery of your rates invoices, rates assessments, and penalty notices by your city/district council will be subject to that council’s terms and conditions (including its privacy statement).  BOPRC assumes no liability or responsibility to you or any other party in relation to or in connection with your city/district council rates assessments, rates invoices, and penalty notices or the use or handling of your information by your city/district council.  

Use of the website, the online services, and these Terms are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter arising out, or in connection with, the interpretation or application of these Terms.

For further information on these Terms or if you have any questions or complaints please contact us.