These General Terms and Conditions of Use apply to all users of Auckland Transport (AT) website, www.maxx.co.nz (the MAXX Website) and the related services offered in conjunction with the MAXX Website, including the MAXX Information Service for information and updates through text, email and other means and the Journey Planner (the Related Services). By:
you will be deemed to agree to these General Terms and Conditions of MAXX Use. If you do not agree to be bound by these terms then you should stop accessing and using the MAXX Website and/or Related Services.
1. Under 18?: If you are under the age of 18, you must only use the MAXX Website or any Related Services with the consent of your parent or guardian, who must accept these terms and conditions on your behalf.
2. Copyright: As between you and AT the contents of the MAXX Website are AT's copyright. No part of the MAXX Website may be distributed, resold, published, copied, reproduced, transmitted or stored and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without ATs express written consent. AT reserves the right to prohibit links to the MAXX Website and you agree to remove or cease any link upon AT's request. You may not frame any part of the MAXX Website by including advertising or other revenue generating material.
3. Disclaimer: The MAXX Website and Related Services are provided as a service for information purposes only. The information provided has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of the MAXX Website and Related Services is at your own risk.
Whilst AT endeavours to ensure that the content is accurate, other than any rights you may have had under the Consumer Guarantees Act 1993, AT does not give any guarantee or warranty of accuracy or reliability of information through the MAXX Website or Related Services, or that such information will be continuous or fault free, to any person. The MAXX Website Related Services and the associated content are provided "as is". To the extend permitted by law, you release AT from all claims arising from any statement or representation made on the MAXX Website. Accordingly all express or implied warranties and representations are excluded to the maximum extent permitted by law.
To the fullest extent permitted by law, AT excludes all responsibility and liability in relation to the MAXX Website and Related Services and AT will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage howerver caused (whether direct, indirect, consequential, special or loss of profits). Where any such liability cannot be excluded AT limits it to the smallest permissible amount.
4. No Representations: The availability of information on the MAXX Website does not constitute a recommendation by AT or any other person. If you enter into any transaction subsequent to accessing the MAXX Website, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of AT.
5. Termination: AT may:
(a) terminate your access and registration as a user to any part of, or all of, the MAXX Website and Related Services, with or without cause, with or without notice effective immediately, for any reason whatsoever (including without limitation, a failure by you to comply with any of the General Terms and Conditions of MAXX Use);
(b) at any time and without notice, remove, amend and/or vary any of the content which appears on the MAXX Website or cease operating the MAXX Website and Related Services in whole or in part.
6. Privacy and Personal Information: Please refer to the Privacy Statement for further conditions relating to your personal information (the terms of such Privacy Statement are incorporated into these General Terms and Conditions of MAXX Use).
7. Links and Advertising: The MAXX Website may include links to other websites not owned by AT and/or advertising not related to AT. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. These links do not imply AT's endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the MAXX Website.
8. Changes to Terms and Conditions of Use: AT reserves the right to change these terms and conditions of use by MAXX at any time by notifying users of the existence of revised terms and conditions through the MAXX Website. By continuing to access the MAXX Website and/or Related Services, you agree to be bound by the amended terms and conditions. You should check from time to time to see if these terms have changed or not.
9. Law: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
10. Registration: To become a registered user of the MAXX Information Service, you must complete the registration process by providing AT with current, complete and accurate information as prompted by the relevant registration form. AT reserves the right to reject any application for registration. In addition to the above terms 1 to 10, the following terms apply when you register for the MAXX Information Service:
(a) The Train Delay Txt Messaging Service is only available to users with a text message compatible phone. The cost of each text message you send to Train Delay Txt Messaging Service, whether to subscribe to a service or quit a service is $0.20. This amount will be charged to your account with your mobile service provider.
11. Contact: If you have any questions or concerns in relation to the MAXX Website, Related Services or these terms and conditions please contact us via email: MAXXenquiry@maxx.co.nz