Thames-Coromandel District Council: Boat Ramp Permit Terms and Conditions

Definitions and Notes

TCDC: Thames-Coromandel District Council

Boat Ramp: Any boat ramp managed or maintained by TCDC including those where management is outsourced to a third party. Locations and information regarding use are available on the TCDC Website

Designated Launch Vehicle: The vehicle which is loaded against the Online Permit System

Digital Permit: An official record confirming that a Permit Holder has been given permission by TCDC to use a Designated Launch Vehicle on a Boat Ramp for the duration of the Term. The Digital Permit constitutes a non-exclusive, revocable licence to use TCDC facilities.

Online Permit System: An online system which allows users to purchase and manage Digital Permits.

Permit Holder: The individual or organisation to whom the permit is issued.

Supplier: The company supplying the Online Permit System. This is Intellico.co.nz Limited - trading as Stellar

User Account: A Permit Holder’s profile that is required by the Supplier to use the Online Permit System.

General Terms

1.1 Permit Validity
Digital Permits are valid for 365 days after purchase unless terminated or cancelled in accordance with these Terms & Conditions. This is confirmed in the confirmation email sent to the Permit Holder upon activation of the Digital Permit. The Permit Holder’s Designated Launch Vehicle licence plate must be loaded against their Digital Permit via the Online

1.2 Permit Use
The Digital Permit grants the Permit Holder the right to launch and retrieve from any Boat Ramp and/or park in areas specified by onsite signage. The Digital Permit does not guarantee that the Boat Ramp will be operable or parking will be available. Where reasonably necessary for safety, maintenance or operational reasons, TCDC may close any Boat Ramp at any time.

1.3 Vehicle Registration and User Account
The Permit Holder must create a User Account with the Supplier to obtain a Digital Permit. It is the Permit Holder’s responsibility to ensure that the licence plate details of their Designated Launch Vehicle(s) are accurate and up to date in their User Account prior to using the Boat Ramp. Digital Permits are non-transferrable between other individuals or organisations.

Only one licence plate can be registered to a Digital Permit at any one time unless otherwise stated.

Permit Holders can update the licence plate loaded to the Digital Permit up to 2 times per year.

There is no limit to the number of Digital Permits a Permit Holder can purchase.

Digital Permits are only valid for recreational use not commercial use.

1.4 Compliance with TCDC By-laws, Regulations and Boat Ramp T&Cs
It is a condition of the Digital Permit that there is compliance with all TCDC By-laws, regulations and Boat Ramp Terms and Conditions. These can be found on signage at the Boat Ramp and or on the TCDC website.

The Permit Holder is responsible for ensuring that the use of the Designated Launch Vehicle (regardless of who is driving) is compliant with these Boat Ramp Permit Terms and Conditions.

1.5 Privacy
TCDC and the Supplier collects personal information pursuant to the Privacy Act 2020 for the purpose of managing Digital Permits and Boat Ramp usage. This includes vehicle registration, name, address, email and phone number. TCDC and the Supplier may use this personal information for the purpose of compliance monitoring. TCDC handles personal information in accordance with the TCDC Privacy Statement Privacy Statement | TCDC and the Supplier as per the Stellar Privacy Statement located at https://www.stellar.org.nz/privacy-statement

1.6 Payments

a) All prices are in New Zealand dollars and include GST (Goods and Services Tax).

b) Full payment is required at time of purchase.

c) Digital Permit prices are reviewed regularly, are subject to change, and changes may not be notified in advance.

1.7 Breach of Boat Ramp Terms and Conditions

TCDC reserves the right to terminate any Digital Permit without notice if:

The Digital Permit is used outside its intended scope.

The Permit Holder breaches the Boat Ramp Permit Terms and Conditions or the Terms and Conditions on display at the Boat Ramps.

1.8 Digital Permit Compliance
TCDC will use data collected by the Supplier, including personal information from the Online Permit System to support compliance. This includes TCDC By-laws, permit conditions or other regulatory requirements, including identifying vehicles associated with non-compliant activities or verifying compliance with other permits such as parking.

1.9 Refunds
No refunds will be given if a Digital Permit is terminated or cancelled by either the Permit Holder or TCDC. Refunds will be allowed when required by law.

1.20 Responsibility

The manoeuvring of a Designated Launch Vehicle and launch/retrieval of a boat at a Boat Ramp are actions that create risk and require skill and experience. The TCDC does not take responsibility for or accept liability for the actions of the users of the Boat Ramps.

The Permit Holder acknowledges that the use of Boat Ramps involves inherent risks, including environmental conditions, equipment failure, and user error. The Permit Holder accepts all such risks to the extent permitted by law.

1.21 Condition of Boat Ramps

While the TCDC monitors and manages the condition of Boat Ramps, it is the responsibility of the user to determine whether the Boat Ramp is safe (factors include environmental conditions, their skills, nature of the Designated Launch Vehicle and/or boat).

1.22 Indemnity

The Permit Holder indemnifies and holds harmless TCDC, its elected members, officers, employees and agents (including the Supplier) against any and all claims, demands, proceedings, losses, damages, costs and liabilities arising from or in connection with:

(a) the Permit Holder’s use of any Boat Ramp or associated facilities;

(b) any act or omission of the Permit Holder or any person using the Designated Launch Vehicle;

(d) any damage to property or injury to any person,

except to the extent that such loss or liability is directly caused by TCDC’s negligence or breach of statutory duty.

1.23 Limitation of Liability

To the maximum extent permitted by law:

(a) TCDC excludes all liability to the Permit Holder for any loss, damage, or expense (including indirect or consequential loss) arising from or in connection with:

(i) the use or availability of any Boat Ramp;

(ii) any failure, interruption, or unavailability of the Online Permit System; or

(iii) any act or omission of the Supplier;

(b) where liability cannot be excluded, TCDC’s total liability to the Permit Holder for any claim arising out of or in connection with the Digital Permit or these Terms and Conditions is limited to the amount paid by the Permit Holder for the Digital Permit;

(c) nothing in these Terms and Conditions limits or excludes any rights or remedies that cannot be excluded under the Consumer Guarantees Act 1993 or any other applicable law.