Effective from 24 June 2019.
- local elections for Christchurch City Council (including mayor, councillors and community board elections), Environment Canterbury, and Canterbury District Health Board (Local Elections); and
- for each Local Election, the candidates for that Local Election (Candidates).
2. Information on app
2.1 Information: We rely on Local Election information and Candidates’ information provided to us by the electoral officer and do not warrant or take responsibility for the completeness and accuracy of such information contained in Celect. Candidate information has been complied under the Local Electoral Act 2001 (Act). The Act provides that an electoral officer is not required to verify or investigate information included in candidate profile statements and is not responsible for the accuracy of the information contained in such statements.
2.2 No Endorsement: The listing of Candidates on Celect should not be taken as an endorsement, approval or recommendation by us of those Candidates.
3. App notification, location data and sharing functionality
3.1 App Notifications: Celect allows you to save information about Candidates you are interested in and you may opt to receive from us notifications with information and reminders about the Candidates you have identified as being of interest to you and Local Elections that may be relevant to you. If you do not wish to receive notifications relating to Celect, you can opt out of receiving these notifications at any time by deactivating the notifications option in the settings menu of Celect or in the notification settings on your mobile device.
3.2 Ward and Candidates: Celect provides you with various ways to identify the ward you belong to and Candidates you can vote for in the corresponding Local Election. You will have the option of:
- searching for and selecting your address; or
- selecting the ward relevant to you. In addition, if you have enabled the location data feature of Celect, Celect will identify the ward and Candidates for that ward for the location of your device at the relevant time. If you do not select a ward relevant to you, you will still be able to use Celect, however, specific information in connection to a particular ward may not be available for you to view on Celect. You will also have the option of manually selecting your address.
3.3 Sharing Celect: You can use the “share” function to share Celect with other people or through other third party platforms. If you do share Celect with others, you will be solely responsible for ensuring that the other party has given their consent or authorisation to share Celect with them.
4. Updates and availability
4.2 Celect Updates: We may from time to time make available an updated or new version of Celect, including to provide bug fixes and/or new, replacement or improved features or functionality (App Update). You acknowledge that:
- any failure by you to download an App Update may result in your use of Celect being restricted or subject to interruptions or errors; and
- an App Update may require you to run a more recent version of the relevant operating system for your mobile device.
4.3 Availability: We may also choose to cease making Celect available at any time.
5. Your responsibilities
5.1 Lawful Use: You may only use Celect for lawful purposes and you must comply with all applicable laws when accessing and using Celect.
5.2 Instructions: You must comply with any instructions we provide to you relating to access to, and use of, Celect.
5.3 Prohibited Acts: You must not:
- copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, Celect (or attempt to do so, or assist anyone else to do so);
- interfere with, or disrupt, the provision of Celect or its use by anyone else; or
- attempt to gain unauthorised access to Celect, the server on which Celect is stored or any server, computer or database connected to Celect.
6. Intellectual property
6.1 Copyright: Unless otherwise indicated, we or our licensors hold the copyright and other intellectual property rights in all material on Celect (Materials). You do not acquire any ownership rights in the Materials by using Celect or any of the Materials.
6.2 Your Use of Materials: The Materials can be accessed and used by you for personal and non-commercial purposes free of charge on the mobile device that you own or control. The Materials may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorised by us.
6.3 Trademarks and Logos: We do not authorise the use of any of our trademarks or logos, or any other trademarks and logos on Celect, without our prior written permission. These are the registered or unregistered trademarks of us or our licensors.
6.4 Your Content: Anything you provide to us, including feedback, ideas or suggestions that you give us, in relation to Celect may be used by us free of any obligations to you (including payment).
7. Liability and disclaimers
7.1 Accuracy and Errors: The preparation and provision of the information on Celect has been made in good faith from a number of sources that are believed to be reliable. All due care has been taken to ensure that the information is accurate and up to date. However, we do not warrant or represent that the content and/or facilities available or accessible via Celect will always be accurate, complete or current; or free of errors, defects, viruses or other harmful components.
7.2 No Guarantee of Availability: We will use reasonable efforts to ensure that Celect is available as much of the time as possible, but we do not warrant or represent that Celect will available at all times, or that access to Celect will be uninterrupted.
7.3 Liability Exclusions: Subject to clause 7.6, 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 mobile device or the data held on your mobile device, arising out of or in connection with the use of Celect or the data contained on it.
7.4 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 Celect, our liability (whether in contract, tort or otherwise) shall not exceed $50.00.
8. Suspension and termination
8.1 Suspension of Operation: We may withdraw or suspend the operation of Celect, or cease to provide and/or update content to Celect, with or without notice to you, if we believe we have reasonable grounds for doing so, including without limitation for security, legal or business reasons.
9. Third party websites and services