North Shore City Council's Online Property Information Service allows you to view and order certain types of property information through this Website. All online applications through this Website for any information and services provided as part of the Online Property Information Service will be subject to these Online Property Information Service Terms as well as the WebsiteTerms of Use and the Online Service Payment Terms.
Unless the context otherwise requires, all terms defined in the WebsiteTerms of Use will have the same meaning in these Online Property Information Service Terms.
In order to access property information through the Online Property Information Service, you will be required to complete an Online Property Information Service Application Form for the information required.
Upon receipt and acceptance of your application, and payment of the relevant Fee, the information to which you have requested access will be made available to you via the option selected by you on your application form. Options to access the information will be limited to those options recorded on the Online Property Information Service Application Form.
The Online Property Information Service is a Charged Service (with payment payable in accordance with the Online Service Payment Terms ). You will pay the Fees for the Online Property Information Service as specified in the Property Information Service Fee Schedule at the time you use the Online Property Information Service in accordance with the Online Service Payment Terms. All payments are to be made in advance by credit card (North Shore City Council currently accepts Mastercard and Visa).
The Online Property Information Service is available for your personal and/or internal business purposes. You will not copy, distribute or make available to any other person any data or information provided to you by North Shore City Council in connection with the Online Property Information Service. You agree to use the Online Property Information Service only for the purpose for which it is being provided. You agree not to remove any proprietary rights notices, modify or alter the information or use the Online Property Information Service for any improper, injurious, offensive or unlawful purposes.
You agree not to damage or disrupt the Online Property Information Service or make it available to a third party through a networked computer environment.
You are responsible for making your own assessment of the suitability of the Online Property Information Service for achieving your purposes.
You are responsible for any actions you take based on information obtained through use of the Online Property Information Service, and all outcomes resulting from your use of the Online Property Information Service.
You are responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use the Online Property Information Service.
North Shore City Council does not and cannot warrant that the Online Property Information Service, and/or your use of the Online Property Information Service, will be faultless, immediate, continuous and virus-free, nor that information provided through the Online Property Information Service will be complete, accurate or up-to-date. North Shore City Council will endeavour however to ensure the Online Property Information Service is available at all times.
North Shore City Council reserves the right to alter, suspend or terminate the Online Property Information Service temporarily or permanently at any time.
When you receive property information under the Online Property Information Service you acknowledge that:
The property information provided to you does not constitute a Land Information Memorandum (LIM) as defined by the Local Government Act 2002 and the Resource Management Act 1991.
The property information solely comprises copies of information and documents held on the relevant North Shore City Council files, as at the close of business on the last business day prior to the date your application for information through the Online Property Information Service is processed by North Shore City Council ("Processing Date").
The property information provided to you under the Online Property Information Service may not be a complete copy of all the relevant information from the relevant North Shore City Council files at the Processing Date.
Further relevant property information may be added to the relevant North Shore City Council files following the Processing Date.
The property information provided to you under the Online Property Information Service will only be relied upon at your risk and North Shore City Council does not accept any responsibility for any reliance you place on the accuracy or completeness of the information.
To the extent permitted by law:
except as expressly set out in these Online Property Information Service Terms, all warranties, representations or guarantees (whether express, implied or statutory) in relation to the Online Property Information Service are excluded, including, without limit, suitability, fitness for purpose, accuracy or completeness of the Online Property Information Service or any information or data provided in connection with the Online Property Information Service; and
North Shore City Council will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection with the Online Property Information Service.
Subject to the provisions of this clause, if for any reason North Shore City Council is held to be liable to you in relation to the Online Property Information Service, the total extent of North Shore City Council's liability will, to the extent permitted by law be limited to the Fee paid by you in relation to the relevant Online Property Information Service.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this Website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
The exclusions and limits set out in these Online Property Information Service Terms will also operate for the benefit of North Shore City Council's relevant suppliers, licensors and agents which North Shore City Council use to provide the Online Property Information Service made available to you.
You agree to indemnify North Shore City Council in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by North Shore City Council as a result of:
a breach by you of any of your obligations under any terms and conditions which you have accepted in relation to the Online Property Information Service;
your intentional misuse of the Online Property Information Service or the Website;
your negligent acts or omissions; and
any claim, suit or action brought against North Shore City Council by a third party for any of the matters above.
Information available under the Online Property Information Service may be subject to confidentiality requirements. North Shore City Council retains the right to make any information confidential. You acknowledge and agree:
North Shore City Council may elect not to supply you with any information that North Shore City Council believes is confidential; and/or
you will comply with any confidentiality obligations notified to you by North Shore City Council.
Further details and requests regarding confidential information can be obtained or made by contacting North Shore City Council.
The WebsiteTerms of Use govern general use of the North Shore City Council Website. These Online Property Information Service Terms form part of the Website Terms of Use. You agree to comply with the Website Terms of Use as well as these Online Property Information Service Terms.
The Online Service Payment Terms governs the online payment for this Online Property Information Service and all other Charged Services offered by North Shore City Council. The Online Service Payment Terms forms a part of these Online Property Information Service Terms. You agree to comply with the Online Service Payment Terms.
The Privacy Policy available on the home page of the Website governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use. You agree to comply with the Privacy Policy.