By subscribing to or using the AT Train Updates service you agree that you will be bound by the following Terms and Conditions.
Definitions: In these Terms and Conditions, the following defined terms are used:
'AT' is the Auckland Transport brand managed by Auckland Transport.
'Message(s)' means an SMS/text message(s) or email messages created by us, which are sent to your mobile phone or device to inform you of disruption to your train service.
'Service' means the AT Train Updates service, which involves us sending you Messages as necessary.
'SMS' (commonly referred to as text messages) means Short Message Service, a communication standard allowing mobile telephone devices to communicate by an exchange of short text messages.
‘Email’ means electronic mail distributed by electronic means from a computer or device to one or more recipients via a network.
'Website(s)' means any one or more of the websites identified by the domain names www.AT.govt.nz or www.transdev.co.nz (or their replacements).
'we' or us' means Transdev Auckland Ltd, AT or Auckland Transport. 'you' or 'your' means the user of the Service.
1. Disclaimers, Indemnities and Limitation of Liability
1.1 The use of the Service is at your sole risk. The Service is provided on an "as is" basis. We do not guarantee that the Service will meet your requirements, or will be uninterrupted, timely, secure, or error free.
1.2 You agree that any material and/or data downloaded or otherwise obtained through the use of the Service is at your own discretion and risk. We do not guarantee that the information contained in the Messages will always be correct (although we will use our best endeavours to make sure that it is).
1.3 We will endeavour to use due care and skill in the storage and transmission of information as part of the Service and will do so in accordance with our privacy and security procedures outlined in clause 3. We will not be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Service generally.
1.4 To the maximum extent permitted by law, we and our employees will have no liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the information in any Message, whether or not caused by any negligent act or omission. Our liability under these Terms and Conditions, or otherwise in connection with the Services, is excluded to the maximum extent permitted by law.
2. Use of the Service
2.1 You agree to:
(a) Abide by these Terms and Conditions, as updated on the Website(s) from time to time.
(b) Not use the Service for any purpose other than your own personal use. In particular, you must not re-supply the Service or any Messages as part of any similar service (whether this is for payment or not).
(c) Make use of the Service for lawful purposes only.
(d) Notify us promptly of any changes to your mobile phone details, your email address or to the train services about which you wish to receive Messages.
(e) Not to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
(f) Not Interfere with anyone else's use of the Service or any similar service.
2.2 We may terminate your use of the Service at any time for any reason (including, without limitation, for a failure to abide by clause 2.1 or for sending abusive or inappropriate SMS or email messages to us).
2.3 You can unsubscribe from the service at any time by selecting the ‘delete my account’ function on the OneCom registration portal.
4. Changes to the Terms and Conditions
We may change these Terms and Conditions without notice at any time with immediate effect. All changes are effective from the date of posting on the Website(s). It is your responsibility to monitor amendments to these Terms and Conditions. If you continue to use the Service after these Terms and Conditions have been changed, you will be deemed to have agreed to the changed Terms and Conditions.
All SMS or Email Messages received by your mobile phone or device are free. It is not possible to unsubscribe by return SMS at this time and any attempt to unsubscribe by return SMS will incur the cost of one SMS message based on your rate plan.
6.1 These Terms and Conditions contain the entire agreement covering your use of the Service.
6.2 These Terms and Conditions are governed by New Zealand law and all disputes connected with these Terms and Conditions will be dealt with by the New Zealand courts.