While we will endeavour to provide a secure system within which you can maintain a register of drivers via the internet, it is important that you know your rights and obligations, as you also need to take responsibility for your own PC anti-virus measures and security precautions to prevent unauthorised use of and access to TORO services and the information stored within TORO.
A. This agreement is between you and the NZ Transport Agency, a crown entity established under the Land Transport Management Act 2003.
B. In consideration and as a condition of you receiving access to TORO, you are hereby authorised to use TORO on the terms and conditions set out below.
1. You must at all times keep access to TORO secure. If you do not, you may be liable for any consequential loss suffered by the NZ Transport Agency as a result of a security breach. The NZ Transport Agency will have the final right to determine what is a security breach.
2. You have no right to assign your rights and obligations under this agreement.
3. The NZ Transport Agency may terminate this agreement, or amend these terms and conditions by giving you one month's notice by the Agency or without notice pursuant to clause 11.
4. This agreement is made pursuant to New Zealand law and shall be governed by New Zealand law.
5.1. The NZ Transport Agency has collected driver licence information in accordance with statute and has taken all reasonable care in so doing. However, users should be aware that the information is obtained from or through parties other than the NZ Transport Agency and that the NZ Transport Agency does not and is unable to warrant the accuracy of that information.
5.2. The NZ Transport Agency does not warrant that the TORO programs will be uninterrupted nor that the TORO website and its server are free of computer viruses or other harmful mechanisms.
6.1 The NZ Transport Agency shall under no circumstances be liable in contract, tort or otherwise to compensate you for any loss, injury or damage arising directly from the supply of TORO to you or the operation of or failure to operate TORO except to the extent set out above.
6.2. In any event, under no circumstance will the NZ Transport Agency, or its employees or agents, be liable to you in the terms and conditions, tort (including negligence or - to the extent permitted by law - breach of statutory duty) or otherwise for loss (either direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatsoever arising from the supply of TORO to you.
7. Privacy Rights
7.1 You may terminate this agreement and your right to use TORO by notifying us by mail or email through the website.
7.2 We may collect personal information about your organisation or licence holders working for your organisation, directly from you. You undertake that where you are collecting personal information from and about someone other than yourself, prior to using that information on TORO:
7.3 You shall retain the signed consent form for a period of six months following the date the licence holder leaves your organisation or ceases employment with your organisation.
7.4 You are responsible for the accuracy and completeness of all information submitted by you, and for ensuring that information is kept current and up to date, when using the TORO website.
7.5 You may view the information which you have provided to us, from the TORO website at any time by accessing the site. If you consider any of this information is not accurate you may request correction by writing to the TORO Administrator, NZ Transport Agency, Transport Registry Centre, Private Bag 11777, Manawatu Mail Centre, Palmerston North 4442.
7.6 The information provided to us is for the following purposes:
8. If this agreement is terminated pursuant to clause 3, clause 7.1, clause 10 or clause 11 you must retain the signed consent form for a period of six months following the date of termination.
9. The NZ Transport Agency may assign its rights and obligations under this agreement by giving you 30 days' written notice of its intention.
10. The NZ Transport Agency may terminate this agreement by giving you not less than 30 days prior written notice of termination. Upon the expiration of the notice this agreement will be at an end. Termination will not release either party in respect of prior breaches and obligations for moneys payable for the period up to termination.
11. The NZ Transport Agency may terminate this agreement immediately if it receives a request from the Agency to terminate the contract. The Agency may make such a request if this contract poses a risk (financial or otherwise) to the NZ Transport Agency, the Secretary for Transport or the Crown, if the Agency believes that personal information is being misused or not maintained securely, or if this contract does not comply with the laws of New Zealand.
12. If you fail to observe all clauses or any part of this agreement then you shall be liable for any loss suffered by the NZ Transport Agency as a direct result of the breach of agreement.
13. You acknowledge that the NZ Transport Agency may make enquiries of you or any of your employees, agents or contractors with respect to your obligations.
14. You must notify the NZ Transport Agency immediately if you become aware that improper access has been obtained to TORO through your access, or if your security has been compromised in any way.
15. This agreement may not be amended without the written consent of the Agency.
16. These terms and conditions shall be deemed to have been made and be binding upon you at the date you sign this contract.
17. These terms and conditions commence on the date detailed in Clause 16 and continue unless terminated or amended in accordance with this contract.
18. General terms of usage for TORO