Legal

These General Terms and Conditions of Use apply to all users of Auckland Regional Transport Authority’s (ARTA) 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:

• viewing and using the MAXX Website; and/or
• completing the registration process for the MAXX Information Service; and/or
• completing the registration process for the MAXX Discussion Board,

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 ARTA the contents of the MAXX Website are ARTA’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 ARTA’s express written consent.  ARTA reserves the right to prohibit links to the MAXX Website and you agree to remove or cease any link upon ARTA’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 have been designed for information purposes only as a service. 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 ARTA endeavours to ensure that the content is accurate, this cannot be guaranteed and ARTA do not give any 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 extent permitted by law, you release ARTA 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, ARTA excludes all responsibility and liability in relation to the MAXX Website and Related Services and ARTA will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits).  Where any such liability cannot be excluded ARTA limits it to the smallest permissible amount.

4.             No Endorsements/Your Risk:  ARTA does not warrant or make any representation about anything transmitted via the MAXX Discussion Board nor any information, data, text, files, links, software, or other materials (“Content”) on the MAXX Discussion Board.  You acknowledge and agree that by allowing Content to be posted, ARTA does not endorse, support, sanction, verify, encourage or agree with the Content of any user’s communications nor assume responsibility for any threatening, defamatory, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising or any crime facilitated thereby. 

By using the MAXX Discussion Board you agree that ARTA is not in any way responsible for the actions or comments of other users. The views expressed may not be the views of ARTA. ARTA reserves the right to remove or amend any message but is under no obligation to exercise editorial control. You acknowledge that you use and rely on Content obtained through the MAXX Discussion Board at your own risk.  You understand and agree that any Content downloaded or otherwise obtained through the use of MAXX Discussion Board is done at your own discretion and risk and that you will be solely responsible for any and all damages to your computer system or loss of data.

5.             No Representations: The availability of information on the MAXX Website does not constitute a recommendation by ARTA 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 ARTA.  

6.             Termination: ARTA 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.

7.             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).

8.             Links and Advertising:  The MAXX Website may include links to other websites not owned by ARTA and/or advertising not related to ARTA.  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 ARTA’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.

9.             Changes to Terms of Use:  ARTA reserves the right to change these terms and conditions of use of 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.

10.         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.

11.         Registration:  To become a registered user of the MAXX Information Service and/or the MAXX Discussion Board, you must complete the registration process by providing ARTA with current, complete and accurate information as prompted by the relevant registration form.  ARTA 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 and/or for the MAXX Discussion Board:

(a)          You confirm that the data you provide to ARTA on registering is at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so. You also confirm that the data or any other information provided through the registration process, or subsequent to registration, is not defamatory, misleading or deceptive, or likely to mislead or deceive.

(b)          You will ensure your password is kept secure and confidential and not revealed to any other person. You are entirely responsible for any and all activities that occur under or through the use of your password.  You agree that we can reasonably rely upon any use of your password, including our disclosure of information relating to your registration and/or affairs with us.  You should notify us immediately if you believe your password is no longer secret and we will cease relying on that password.

(c)          Where you use the MAXX Discussion Board, you must do so in accordance with the MAXX Discussion Board Terms and Conditions. 

12.         Contact:  If you have any questions or concerns in relation to the MAXX Website, Related Services or these terms and conditions please contact us by email.