Terms and conditions for use of MyCityofSantaCruz

1. Introduction

  • These conditions will govern the relationship between the MyCityofSantaCruz and the registered Account Holder as rendered by the MyCityofSantaCruz on the Portal, Mobi and InTouch channels service.
  • The Account Holder understands that by submitting their registration to subscribe to the service that they have familiarized themselves with the contents in the Conditions of Use, and that the Account Holder intends to be bound by the contents.

  • This Agreement will commence when the Portal, Mobi and InTouch channels accepts the Account Holder's request to subscribe to Service, which acceptance will manifest at that point in time when the Portal,Mobi and InTouch channels service sends the Account Holder an activation confirmation (the "commencement date").

2. Definitions

  • "User" means all persons who access, view, download from, or use the Portal, Mobi and InTouch channels includes "Registered Account Holders" "Service" means the electronic statement presentation, enquiry and payment solution as approved by the MyCityofSantaCruz.
  • "Portal, Mobi and InTouch channels site" means the website through which the MyCityofSantaCruz.
  • "Registered Account Holder" or "Account Holder" means a registered account holder with the MyCityofSantaCruz who subscribes to the service either personally or through an authorized agent.
  • " MyCityofSantaCruz" means the MyCityofSantaCruz located in the State of California in the United States of America.
  • "Service" means the electronic statement presentation, enquiry and payment solution as well as any other services provided on the MyCityofSantaCruz.
  •   "Registration" means the action whereby the User indicates to the MyCityofSantaCruz that they want to utilize the service.
  • "submit" or "submission" means the action whereby the Account Holder indicates to the Portal, Mobi and InTouch channels that they want to utilize the service.
  •  "Writing" means documents reduced to writing and shall include e-mails, fax or registered post;

3. Application

  • These Conditions of Use shall apply to all Users of the Service and becomes binding between the MyCityofSantaCruz and a User immediately upon the user accessing, viewing or using the Service or its contents.

4. Electronic Communications

  • When a user visits the Portal, Mobi and InTouch channels website or sends e-mails to the Portal, Mobi and InTouch channels, that user consents to receiving communications from the Portal, Mobi and InTouch channels electronically and agrees that all agreements, notices, disclosures and other communications sent by the Portal, Mobi and InTouch channels satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be "in writing" with the same legal stature as a written document.

5. MyCityofSantaCruz Agent

If the Account Holder registers on behalf of another person and uses the service on behalf of such person,then the Account Holder warrants that they have obtained a written mandate from such person, which mandate will contain at least the following conditions:
The Account Holder acts as a duly authorized agent on behalf of the other person; The Account Holder and the other person are jointly and severally liable towards the MyCityofSantaCruz for all claims that the MyCityofSantaCruz might have in terms of this agreement against the Account Holder and/or the other person, and; The Account Holder has disclosed the contents of this agreement to the other person.

6. User Name and Password

  • On acceptance by the Portal, Mobi and InTouch channels of the Application, the Account Holder will be supplied with a username by such means, and in such format as the Portal, Mobi and InTouch channels may determine from time to time.
    • Unless otherwise specified, the Account Holder must change the initial password to a unique password of choice when the Portal, Mobi and InTouch channels service is accessed for the first time.
    • The Account Holder undertakes to ensure that the username and password are neither easily accessible nor disclosed to any unauthorized person. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
    • The Account Holder undertakes to report any actual or attempted unauthorized access to the MyCityofSantaCruz, without delay, via the support desk of MyCityofSantaCruz and provide the MyCityofSantaCruz with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the MyCityofSantaCruz reserves the right to deactivate the user's account without further notice.
    • MyCityofSantaCruz may at its sole discretion and for whatever reason, require an Account Holder to change their username and / or password from time to time and the Account Holder undertakes to unconditionally comply with such a requirement.

7. Payment and Relation to the MyCityofSantaCruz

  • As part of its service offering, the MyCityofSantaCruz will co-operate with various banks (the "bank") to enable the Account Holder to make payments due various bills and to reconcile such payments with the Account Holder's records.
  • The Account Holder understands that they enter into a direct agreement with the bank and that the MyCityofSantaCruz is not a party to this agreement.

8. Duties of Portal, Mobi and InTouch channels

  • The service will provide access to the monthly account statements and inform the Account Holder when a new account is rendered.
  • The service will provide facilities to register linked account enquiry submissions and provide an on-line enquiry facility to view such submissions.
  • If the Account Holder elects to make payment to the City through one of the payment services, the Service will keep record of all payments, provided that the Account Holder complies with the prescribed procedures for such payments.

9. Information and Privacy

  • Portal, Mobi and InTouch channels understands that the information provided by the Account Holder to Portal, Mobi and InTouch channels (the "information"), includes private and sensitive information. MyCityofSantaCruz will, save for the circumstances as set out in bullet 2 below, not share any such information with any third party without the prior written consent of the Account Holder.
  • The MyCityofSantaCruz will only disclose the information to a third party:
    • to perform the Service;
    • if the MyCityofSantaCruz is required by law or court order to disclose the information;
  • Portal, Mobi and InTouch channels will store information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 5 (five) years after submission of information if this agreement remains in force for longer than 5 (years), whichever might be the case.
  • Although Portal, Mobi and InTouch channels will take all reasonable measures to ensure that the information will not be compromised, the Account Holder acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.

10. Use of User Information by the MyCityofSantaCruz

  • The MyCityofSantaCruz may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
  • The MyCityofSantaCruz will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.
  • The MyCityofSantaCruz may provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
  • The user acknowledges:
    • that communications within the information service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes; The use of user information and the disposal or dissemination
    • The use of user information and the disposal or dissemination thereof shall not constitute invasion of privacy by the MyCityofSantaCruz.

11. Use of MyCityofSantaCruz and Software

  • Users are required to use and maintain only hardware and software of sufficient minimum quality and only the specified makes and versions of Internet browser software .
  • Users acknowledge that their failure to use a specified browser may result in a higher security risk and/or cause or all of the functionality of the website not to operate properly or at all.
  • Software, if any, made available for download on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software.
  • The user indemnifies the MyCityofSantaCruz against any breach of such license conditions.
  • The MyCityofSantaCruz gives no warranty and makes no representation, whether express or implied, as to the quality or compatibility of such software.

12. Unavailability of the MyCityofSantaCruz Services

  • The MyCityofSantaCruz shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Service without prior written notification and without providing reasons for such termination or suspension. However, without prejudice to the foregoing, the MyCityofSantaCruz will not exercise its rights in terms of this clause without just cause.
  • The user acknowledges and accepts that Portal, Mobi and InTouch channels may become unavailable from time-to-time due to various circumstances, including:
    • technical failure or environmental issues ;
    • infrastructure or technical problems with third party information technology systems;
    • unavailability of telecommunication or electricity services;
    • or other circumstances beyond the control of the MyCityofSantaCruz.
  • Without derogating from the provisions of this clause, the user undertakes to limit their potential debt caused by any unavailability of the Service by making use of alternative account statement enquiry and payment methods available to consumers.

13. No Warranties or Representations

  • The Conditions of Use evidences the sole terms and conditions governing the Services.
  • Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by the MyCityofSantaCruz, its employees, agents or advisors which are not stated in the Conditions of Use shall not be valid and enforceable and Users shall not hold the MyCityofSantaCruz liable to any such warranty or representation, whether made prior to, during or after concluding the Conditions of Use.
  • The Portal, Mobi and InTouch channels site and Service are provided "as is" and the MyCityofSantaCruz makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:-
    • MyCityofSantaCruz does not warrant that the website; its contents; the third party content and services; payment or Portal, Mobi and InTouch channels will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. The MyCityofSantaCruz expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
    • whilst the MyCityofSantaCruz has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a users system.

14. Governing Law and Jurisdiction

These conditions are governed by the laws of the State of California.