Scope: These terms of use (Terms) govern the use of the NZ Transport Agency Waka Kotahi (we, us, our) mobile device-based application known as the NZTA Waka Kotahi app – BETA version(s) (the App).
Terms: These Terms govern the use of the App. Your agreement to them, and to our Privacy Statement, is required before you can use the App. By agreeing to these Terms, you also agree that third-party distributors who offer the App (such as the Apple App Store or Google Play Store) may impose their own terms and conditions (particularly around BETA releases) if you get the App through their application stores.
BETA version(s) only: The App has limited functionality during its BETA release(s). You acknowledge that as a pre-release version(s), the App may contain errors and defects that can affect the normal functioning of your device. Feedback, analytics and data received will help us to build the App’s functionality and improve the user experience over time. For information on what information we may collect from you to support this, see our separate Privacy Statement. Privacy statement
Additional terms for particular services: You may be required to agree to additional terms of use for particular services as they become available in the App. Any additional terms of use are to be read in conjunction with these Terms. If there is any inconsistency between these Terms and the additional terms of use for the particular services, the additional terms of use will prevail.
Changes: We may revise these Terms. Any changes will take effect immediately after being published on this web page. We may advise you, and by continuing to use the App you agree to any changes to the Terms.
Use of the App
Capacity: By using the App, you confirm that:
you have full power and capacity to enter into these Terms and perform your obligations under them; and
you’re the authorised user of the device providing access to the App; and
you’re authorised to agree to these Terms.
Compatible devices: The App is designed for devices running Apple iOS (version 16.0 and above) or Android (OS 8 and above). Support isn’t provided for earlier operating systems or other mobile devices. We may, at our sole discretion, discontinue support for the App, or a particular version of it, at any time and without notice. The App will be available for download to devices with appropriate security access features, as determined by us from time to time.
Updates and availability: You acknowledge and understand that:
We may from time-to-time issue updates to the App or new versions of the App. You accept and agree to install, update and enable any updates or new versions of the App deemed critical by us. You accept and agree to do this to continue accessing the App.
You acknowledge and understand that we have the right to modify, suspend or discontinue the App or any part of it at any time, including the availability of any area of the App. We may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability. We are entitled, in our sole discretion and without notice, to correct any errors or omissions in any portion of the App or any data or information it contains or provides.
The App may be unavailable during scheduled and unscheduled maintenance. You acknowledge and understand that we may undertake maintenance activities without notice.
Not a driver licence: The App contains certain details from your driver licence but is not a replacement for it. Under law, you must still carry your physical driver licence with you when operating a vehicle.
Permitted use: You may use the App to view and update your own personal information or authorise someone else to view and update your information on your behalf. To do this, you should first log-in yourself before handing that person your device – you must not share your log-in details with that person. Any use of the App by that person on your behalf will be deemed your own use.
Inappropriate use: You must not use, or permit the use of, the App for any fraudulent reason, and any information you update in the App must be correct and for lawful reasons. Any use of the App by a person you have authorised to access the App on your behalf under clause 10 will be considered your own use.
Security: You’re responsible for keeping log-in details (such as password, biometric credentials and/or PIN) confidential and specific to you, and for updates to your information that you make through the App. You should not let anyone else log in to your account through any means.
Biometric Identifier: You may elect to enable biometric authentication to log on to the App using a biometric identifier registered on your device. A biometric identifier includes a fingerprint, facial data and any other means by which a device manufacturer allows a user to authenticate their identity for the purposes of unlocking their device (Biometric Identifier). If you enable or use a Biometric Identifier to access the App, you must ensure that your Biometric Identifier is the only biometric Identifier stored on the device you use to access the App. However, if another person has stored their Biometric Identifier on the device you use to access the App in breach of these Terms, or if you are aware or should have been aware that another person is or may be able to use their biometric information to use or access your device, you acknowledge that they may be able to access your App account including to view and conduct certain activities on the App and these activities will be treated as having been authorised by you and conducted with your knowledge and consent for the purposes of these Terms.
Unauthorised use: If other people have access to your information, you may be at risk of identity theft. You must let us know immediately if you suspect:
your App password and/or log-in details are known by another person.
there has been unauthorised access to your information shown in the App.
Fair use: The App is for personal use only and is not to be used for commercial gain. If your usage of the App materially exceeds the range of estimated use patterns or is likely to damage or negatively impact the operation of the App, we have full discretion to determine your usage excessive or unreasonable. In that case, we may contact you to advise you that your usage is in breach of these Terms and request that you stop or alter your usage to what we, in our sole discretion, determine to be a more reasonable level. If your excessive or unreasonable usage continues after such notice, then we may immediately restrict, suspend or terminate your access to the App.
Termination of use
Breach of these Terms: We may suspend, restrict or block your access to the services in the App at any time if we reasonably believe you have breached these Terms. If this happens and you believe it to be an error or misunderstanding on our part, please get in touch.
No obligation to use the App: There is no obligation for you to continue using the App and you can stop at any time. Simply uninstall the App from your device. You’ll still be able to access your records by contacting us. Contact us
Your privacy
Privacy statement: If you accept these Terms, we’re provided with a record of the date and time that you accepted. You can read about how we handle, store and manage that information, and other personal information belonging to you, in our separate Privacy statement.
Rights in the App: We are the owner of the App, and of all intellectual property contained in the App (subject to any third-party rights). You have no rights in the App or technology used or supported by the App, other than the right to use the App in accordance with these Terms.
Suggestions and ideas: We also value any comments and suggestions you have on the App. Any suggestions you submit to us will become our intellectual property, and may be used by us in any way without any payment or notice to you. This doesn’t affect our obligations to you about your personal information.
Indemnity
Your liability: You agree to indemnify (ie pay) us on demand for all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of these Terms.
Limitation of our liability
Accuracy of information: We endeavour to ensure all information in the App is up to date, complete and accurate when you access it, but cannot warrant this will always be so, particularly in a BETA version of the App. The contents of the App should not be construed as legal advice and, before acting on any information, you should take specific advice from qualified professional people. If you believe any of your information in the App is incorrect, please let us know.
Verification of information: We are not responsible for verifying any information you provide when you update your details through the App.
Damages: To the extent permitted by law, we are not liable to you for any direct or indirect costs, losses, damages or other liabilities whatsoever resulting from:
your use of the App
your failure to comply with these Terms
any delay or loss of access to the App.
Governing Law
Laws of New Zealand: These Terms, and any matters concerned with the content and use of the App are exclusively governed by New Zealand law and will be dealt with under the exclusive jurisdiction of the New Zealand courts.
Contact us
Our contact details: If you have any questions regarding the App or these Terms, please get in touch.
