Effective from 12 September 2018.
1.1 My Christchurch service
1.4 Permitted purposes
My Christchurch is intended to be used for the purposes of providing you with a means of:
- accessing information from us;
- requesting our products and services;
- providing feedback and suggestions to us; and
- making payments to us, (the above being the permitted purposes).
1.5 Hosting of My Christchurch
My Christchurch is hosted by our hosting provider and made available to you as an online service via an internet browser.
2. Access and registration
2.1 Access to My Christchurch
You may access My Christchurch by:
- accessing and logging into My Christchurch as a guest (guest); or
- creating and registering an account on My Christchurch (account) by:
- completing the registration process through the My Christchurch platform – if your registration is completed successfully, you will receive email confirmation; or
- using your credentials from certain third party social networking sites (eg Facebook, Twitter or Google accounts), where you will be prompted to set a password for your account on My Christchurch.
2.2 Existing information
We may link, match or join information provided in connection with your account to other information we hold about you, or that you provide through other sources (such as our snap, send, solve application) that we consider may be relevant to the information, services and products that you may require from us from time to time.
3. Grant of right of use to use My Christchurch
3.1 Right to use My Christchurch
3.2 Separate terms of service
If you use My Christchurch to request products or services from us, you acknowledge and agree that the provision of such products and services may be subject to separate terms of service that are particular to those products or services. These are available from us on request.
3.3 Payments for services
We use third party service providers to process your payments through My Christchurch. If you elect to pay for our services and products through My Christchurch, you may be required to give us authorisation to charge your nominated credit card or debit card when payment is due for any amounts payable by you to us (including any applicable taxes and fees).
4. Our responsibilities
4.1 Access to My Christchurch
4.3 Notice of unavailability
We will give advance notice of any planned My Christchurch unavailability or outage by email or via the My Christchurch platform or our website.
5. Your information and responsibilities
5.1 Your information
You may update your information on your account through My Christchurch, including your name, phone number, and addresses (email and postal).
5.2 Warrant and authorisation
- warrant that all information you submit to My Christchurch, including information submitted as part of your registration under clause 2.1(b), is correct and accurate. If you register for an account in accordance with the process outlined in clause 2.1(b)(ii), you:
- warrant you are the owner of any such social media account and that you are entitled to disclose your social media login information to us; and
- authorise us to collect your authentication information and other information that may be available on or through your social media account consistent with your applicable setting and instructions; and
- acknowledge and agree that you have all necessary consents and authorisations from the relevant parties when submitting information to My Christchurch, including any personal information about other individuals.
5.3 Your responsibilities
You agree to:
- create and hold only one account on My Christchurch (but you can login as a Guest at any time, from time to time);
- only use My Christchurch for the permitted purposes;
- comply with our reasonable instructions relating to the access to, and use of, My Christchurch;
- take reasonable steps to ensure that all information you upload onto My Christchurch is correct and accurate;
- keep any username and password for your account secure and confidential and be responsible for all use of My Christchurch through your username and password, and on your account;
- comply with all applicable laws when accessing and using My Christchurch; and
- notify us of any actual or suspected unauthorised use of your username and password to access My Christchurch.
5.4 Prohibited acts
You must not:
- sub-license, assign, transfer, lease, rent, distribute or resell My Christchurch, or any rights to access or use My Christchurch to any other person; or
- copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, My Christchurch (or attempt to do so, or assist anyone else to do so);
- interfere with, or disrupt, the provision of My Christchurch or its use by anyone else; or
- upload, transmit, or distribute to or through My Christchurch any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system, data or My Christchurch;
- attempt to gain unauthorised access to My Christchurch, the server on which My Christchurch is stored, or any server, computer or database connected to My Christchurch.
6. Intellectual property and content
6.1 Ownership of intellectual property
6.2 General information
My Christchurch is made available for the permitted purposes. From time to time content may include general information that we consider will be of interest to you. You expressly acknowledge and agree that
- any such information is intended to be for general information purposes only, and you must make your own assessment of the suitability of the information for your own purposes;
- you are solely responsible for the actions you take in reliance on the information on, or accessed through My Christchurch; and
- the information on, or accessed through My Christchurch does not constitute professional advice, and should not be relied on as such.
6.3 Use of content
You may access, view, reproduce and print the content, provided that:
- where the content has been provided to you in connection with any of our product or services, you may access, view, reproduce, use and print the content only to the extent required for the permitted purpose;
- you will only use content for information, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in the content; and
- you must obtain our prior written permission before using any of our trademarks or logos, or any other trademarks and logos on My Christchurch, including registered or unregistered trademarks of us or our licensors.
Although we try to ensure content is current, accurate and complete, we do not guarantee that the content will be current, accurate or completed when you access it. We will take action, within a reasonable time, to correct any error or inaccuracy that is brought to our attention.
6.5 Your content
You may contribute to the content by submitting feedback, comments, photos, files and other communications or material through My Christchurch. By submitting your content onto My Christchurch you warrant that:
- your content does not contain any content which infringes on another person’s intellectual property or which is offensive, obscene, defamatory, discriminatory, inappropriate or contrary to any applicable laws (including the Harmful Digital Communication Act 2015). In the event that you breach this clause, without limiting any of our other rights or remedies, we may remove the relevant content or files from My Christchurch.
6.6 Licence to use your content
6.7 Updating content
7. Liability and disclaimers
7.1 Liability exclusions
Subject to clause 7.4, to the fullest extent permitted by law, we will not be liable for any errors and omissions, nor for:
- any direct or indirect, incidental, special or consequential loss or damage;
- any loss of data, profits, revenue, business or goodwill; or
- any damage to your device or the data held on your device,
arising out of or in connection with the use of My Christchurch or the data contained on it.
7.2 Limitation of liability
If notwithstanding the above, we are found to be liable to you for any damage or loss which arises as a result of your use of My Christchurch, our liability (whether in contract, tort or otherwise) will not exceed [$50.00].
7.3 Warranties excluded
7.4 Consumer guarantees
8. Suspension and termination
8.1 Suspension of operation
We may withdraw or suspend the operation of My Christchurch, or cease to provide and/or update content to My Christchurch, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons.
8.2 Suspension or termination of access
9. Third party website and services
9.1 Third party sites
My Christchurch may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with those third party websites.
9.2 Third party services
We use, from time to time, third party features, products and services on My Christchurch, which may be available for you to use through My Christchurch. Use of such third party products and services are subject to compliance with the terms and conditions of the third party owners of the relevant features, products or services. The third party terms and conditions may, amongst other things, govern the ownership, use of, and access to the third party features, products or services.
10. Marketing and communications
You consent to us sending you marketing or promotional communications through My Christchurch about our services and products from time to time. You may unsubscribe from any marketing or promotional commutations by following the unsubscribe facilities in the communications that we send to you.
11. Amendments and updates
11.2 My Christchurch updates
We may from time to time, at our sole discretion, make available an updated or new version of My Christchurch, including to provide bug fixes and/or new, replacement or improved features or functionality. You acknowledge that there may be interruptions in service or access to My Christchurch, or access to your account due to circumstances both within our control (eg routine maintenance) and outside of our control. We may also choose to cease making My Christchurch available at any time.
12.2 Force majeure
12.4 Governing law and jurisdiction
12.5 Entire agreement
12.7 Contacting us