Online payment terms and conditions

These online payment terms (the “Terms”) apply to the use of the online payment transaction services (the services) for the payment of resources as made available by Te Pou NZ Ltd from time to time through the Te Pou website www.tepou.co.nz.

Please read the online payment terms and conditions. By ticking the box where indicated each time you use the services you agree to be bound by the provisions of these Terms.

Please note that the Terms may be altered or added to by Te Pou at any time that Te Pou determines necessary, with or without notice. Please, therefore, ensure that you read the Terms carefully on each occasion that you use the services.

1. You may use the services for the purposes of making payments to Te Pou where Te Pou offers the services, provided that you do not:

• In any way damage or disrupt the services/operation of the services.
• Use the services for any unauthorised or unlawful purpose.

2. You warrant that:

• You are aged 18 or over
• You have the appropriate authority to validly accept the online payment terms and are able to and will meet your obligations in relation to these terms.
• The credit/debit card used in connection with the services is issued in your name, or you have full legal authority to use the card (eg: if it is in the name of a company or business).
• You will pay the credit/debit card issuer all charges incurred in the use of the services.
• The information supplied by you is true and correct.

3. Payment may be made using only Visa or MasterCard credit/debit cards.

You should check with your card issuer for details about other fees or charges that may also apply, as this credit card transaction is carried out in terms of the arrangement between you and your card issuer.

4. All charges are in New Zealand Dollars and inclusive of GST (if any). If payment is made using a credit card issued outside New Zealand, any currency conversion will be done according to the terms and conditions of the card - there may be currency conversion fees charged to you by your card issuer.

5. Upon completing a transaction using the services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. Te Pou shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the services or for loss of data or information caused by factors beyond Te Pou control.

6. Once a payment has been made it cannot be cancelled. Requests for refunds can be made in accordance with the refunds policy below.

7. Te Pou accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit/debit card issuer.

8. Te Pou is not directly involved in the online payment. You acknowledge that the credit/debit card information supplied by you in relation to the use of the services is processed through a secure third party website. The only information supplied to Te Pou via the third party website is:

• The name of the payer.
• The invoice/notice number.
• The payment amount.

9. By using the services you agree:

• To provide information through electronic means, i.e. you agree to provide any relevant information, in the format and to the standards described for each transaction.
• That the information supplied by you will be retained in electronic form.
• To receive information through electronic means.

10. You hereby authorise Te Pou to collect information about you (including information about transactions processed by you) from time to time through the Te Pou website. Any such information collected shall be treated in accordance with the Privacy Act 2020.

11. Requests for refunds must be made in writing.

12. Requests for refunds must be sent info@tepou.co.nz or addressed to Te Pou at PO Box 108244, Symonds Street, Auckland 1150. If your request for a refund is granted the amount will be refunded to the credit card that was used for payment.

13. Payments using the services are made through a secure third party website. However, you acknowledge and agree that internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit/debit card information) may be able to be read and/or intercepted by a third party. Te Pou shall have no liability for the interception and/or 'hacking' of any data or other unauthorised access to information provided by you for the purposes of the services.

14. To the extent permitted by law, Te Pou does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the services. If, for any reason, Te Pou is found to be liable to you for any damage or loss which arises as a result of your use of the services, Te Pou liability shall be limited to the amount paid by you through the services or $100, whichever is the lesser.

15. If the Consumer Guarantees Act 1993 applies to your transaction you may have rights or remedies that are not excluded or limited by clause 14. If you are using the services for business purposes, the exclusions and limitations set out in clause 14 will apply and the provisions of the Consumer Guarantees Act 1993 are hereby excluded.

16. Te Pou does not warrant or guarantee that the services and/or your use of the services will be error-free, immediate, virus free and/or continuously available or that the information provided through the services will be complete, accurate and/or up-to-date.

17. Te Pou reserves the right to suspend, amend or cancel the services at any time either temporarily or permanently.

18. These Terms form part of the Te Pou website terms and conditions of use, which apply to general Te Pou website usage. By agreeing to comply with the online payment terms you also agree to comply with the Te Pou website terms and conditions of use. If there is a conflict between the Te Pou website terms and conditions of use and these Terms, these Terms shall prevail.

19. You agree to indemnify Te Pou for any loss, cost or expense suffered or incurred by Te Pou as result of:

• Your breach of your obligations under the Terms.
• Intentional misuse of the services.
• Your negligent acts or omissions.
• Any claim brought against Te Pou by a third party in relation to your use of the services.

20. These Terms are governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the services and these Terms.