Terms and Conditions

1.0 Acceptance of terms
1.1 These terms and conditions are the terms on which CSX Limited offers you the Service. By registering as a User of CSX and clicking the "I accept" button on the Website you accept these terms and conditions. You must click the "I accept" button before you can use the Service, or become a User of CSX.
1.2 If you do not agree to be bound by these terms and conditions you must not use or access this Service.
2.0 Amendments to terms
2.1 We may amend these terms and conditions at any time by posting the amended terms on the Website. You will be notified of the amendment the next time you log in to the Website. If you continue use of the Service after you have been notified of an amendment you will be deemed to have accepted the amendment and will be bound by the amended terms and conditions.
2.2 You acknowledge that it is your responsibility to ensure that you are familiar with the terms and conditions, as amended from time to time.
3.0 Definitions and Interpretation
3.1 The following expressions shall have the following meanings unless the context requires otherwise:
"Agreement" means these terms and conditions, and any amendments from time to time made to them.
"User" means any person who has registered as a user of CSX.
"User Account" means the user account created for the User on registration with CSX.
"Fee" means our transaction fee or any other fee as posted on the Website.
"GST" means goods and services tax in terms of the Goods and Services Tax Act 1985, at the rate prevailing from time to time.
"Organisation" means a school, club or other organisation that is registered with us as a participating organisation.
"Price" means the purchase price for a Product as listed on the Website or otherwise advised to you from time to time.
"Product" means the subscription purchased through the Website.
"Service" means the online system provided by CSX through which Users can purchase Subsciptions as more fully described in clause 4.1
"Subscription" means a method to purchase by prepayment for access to the service through the Website.
"we", "us" and "our" are references to CSX Limited (a New Zealand incorporated company having its registered office, and place of business at 2A Kelmarna Ave, Auckland, New Zealand), and where the context requires, its agents, directors, employees and shareholders.
"Website" means the web site located at www.csxsystems.com, www.csx.co.nz, https://portal.csxsystems.com/register
"you" and "your" are references to you, the User.
3.2 Words importing the singular include the plural, and words referring to persons include bodies corporate and unincorporated entities and, in each case, the reverse.
4.0 The Service
4.1 CSX provides an online system that enables participating users to purchase a subscription to the product. The aim of the Service is to provide a simple payment solution for Users.
4.2 When registering as a User on the Website, a User Account will automatically be created. Users may then purchase the Products using their User Account on the Website.
4.4 Once the payment for a User's order has been processed, the User will receive an email from CSX to confirm their subscription.
5.0 Delivery of Product
5.1 Delivery of Products will be electronically, upon receipt of payment acknowledgement from Payment Express.
6.0 Registration and Warranties
6.1 To make an order through the Website you must be registered as a User. To do so, you must complete the registration form on the Website
6.2 By registering with us, you warrant that:
a. you are the legal guardian of any child or children you intend to use the Service for;
b. you are 18 years of age or over;
c. you are not subject to any order of management pursuant to the Mental Health Act or similar; and
d. all the information provided in the registration is complete, accurate and current and you will ensure that it will remain so at all times.
e. you will not use the Service to make a false or fraudulent purchase of any Product listed on the Website.
6.3 We reserve the right to not accept your registration or terminate your registration as a User at any time.
6.4 You must promptly notify us of any change to your registration details.
6.5 You must ensure that you keep your registration details secure, including your password. You must not allow any other person to use your registration details to access the Service without our express permission. If we authorise another person to use the Service using your registration you must ensure that the authorised person is aware of the terms of, and complies with, this Agreement. You will be responsible for the use of the Service by the authorised person.
6.6 Should you no longer wish to be a User, you can cancel your registration by sending us an email.
6.7 When your registration is accepted by us, you will be able to use the Service to purchase Products.
6.8 If your User Account has been unused for more than 12 months, CSX reserves the right to close your User Account and cancel your registration.
8.0 Forms of Payment
8.1 When you place an order, the Price for each Product will be added and an amount due calculated. You must pay in advance for the Products ordered. Subject to any changes to the acceptable forms of payment notified on our Website, payment may be made by:
a. credit card/debit card
b. Account2Account.
Payment instructions will be provided on our Website.
8.2 You agree that you will not receive interest or other earnings on any funds you pay in advance to CSX, notwithstanding that we may earn interest on those funds, or may receive a reduction in fees or expenses charged for banking services by the banks that hold such funds.
9.0 Charges
9.1 The Prices payable for the Products are set out on the Website. You acknowledge the Prices may change at any time. We will publish any changes to the Prices on the Website.
9.2 CSX reserves the right to charge an additional Fee on termination of a User's registration.
9.3 Prices will be in NZD, you may choose to pay in your own currency at the equivalent rate.
10.0 Availability of Website and Product
10.1 We will use reasonable endeavours to make sure that the Website and the Products remain available to you. Notwithstanding this, we accept no responsibility for any loss incurred due to unavailability of the Website or any Product. You acknowledge that we have no responsibility to you to ensure that Products are provided to you on a continuing basis.
10.2 You acknowledge that a Supplier may put time limits on the availability of Products or the period in which Products may be ordered.
11.0 Cancellation of orders
11.1 Once an order has been placed for a Product it cannot be cancelled unless cancellations are specifically allowed.
11.2 Where cancellation is allowed, CSX will not provide a refund but will give you a credit for the value of the cancelled order which will be automatically applied to your next purchase.
11.3 If the credit is insufficient to complete your next purchase you will be prompted to pay the balance by another means. Your order will not be completed until it has been fully paid for and you have received confirmation in accordance with clause 4.4.
12.0 Limitation of Liability and indemnity
12.1 CSX cannot guarantee the continued availability, currency, description, delivery capability, fitness for purpose or quality of Products. To the fullest extent permitted by law we exclude all liability and responsibility to you in connection with the Products and/or the acts or omissions, whether arising in contract, equity, tort, breach of statute or otherwise.
12.2 CSX also cannot guarantee the continued availability, currency or description of the Service or the Website.
12.3 To the fullest extent possible we exclude liability to you for any direct, indirect, incidental, special or consequential loss whatsoever arising in connection with the Service, the Website, or this Agreement.
12.4 In the event that the exclusion of liability in clauses 12.1 and 12.3 is unenforceable, CSX limits its liability to direct loss only and to a maximum of the charges paid by you to us in connection with the Products acquired by you using the Service in the 90 days immediately preceding the event giving rise to our liability under this clause.
12.5 You agree to indemnify us, and keep us indemnified from and against all actions, claims, costs, losses, proceedings, damages, or liabilities suffered or incurred by us to any person arising out of or in connection with a breach by you of this Agreement, or your use of the Service.
13.0 Communication and Website Contents
13.1 You agree that all notices or other communications to be given under this Agreement ("Communication") may be provided to you, at our election electronically, by email or text, or in paper format, by prepaid post. You agree to accept all Communication from us in electronic form if we so elect. Electronic Communication will be delivered by email to your email address or by text to your mobile phone using contact details provided by you when you registered to use the Service.
13.2 We will periodically send you emails with updates regarding the Service and Website, such as details of enhancements and other changes to them. All email updates will contain instructions on how to unsubscribe.
13.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk or viruses or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of the Website or any linked website.
13.4 We are not responsible in the event the purchase of a Product is not processed or delayed due to technical difficulties affecting the Website.
13.5 Although CSX strives to ensure that the Website is accurate, you acknowledge that you use any information and data provided on the Website at your own risk. CSX does not warrant or guarantee the accuracy or currency of any information, data or material on the Website, and reserves the right to update, amend or delete information, data or material from the Website at any time.
13.6 The Website may provide links to other Websites not operated or controlled by CSX. CSX shall not be liable for any representation, services, content or data contained in such external sites.
14.0 Ending this Agreement
14.1 You may terminate this Agreement, and consequently your registration as a User and your right to use the Service, by giving us 48 hours notice by emailing us [hello@csxsystems.com].
14.2 We may terminate this Agreement, and consequently your registration as a User and your right to use the Service:
a. immediately by notice in writing if you have breached the terms of this Agreement;
b. immediately if the Organisations you are connected with cease to be participating Organisations; and
c. without cause on providing you with 5 days notice.
14.3 On termination of your registration to the Service, you will receive a refund of any credit provided under clause 11.2 which has not been used, less any termination Fee as outlined on our Website. However if the termination of your registration is due to a breach of this Agreement, CSX reserves the right to retain the remaining credit, or any part of it, as compensation for any losses, costs or damages arising directly or indirectly as a result of your breach. This is without prejudice to our other rights and remedies, including our right to pursue you for any amount due to it that has not been recovered from the credit.
14.4 Termination of this Agreement does not relieve you from liability for prior breaches of the Agreement or of your obligations to pay any money owed by you to us.
14.5 Upon termination of this Agreement for any reason, all rights you have been granted under this Agreement terminate and you must stop using the Service and immediately pay to us all outstanding money payable under this Agreement. We may deduct from your any credit due to you any amount that you owe us on termination.
14.6 We may, at our discretion, charge a cancellation Fee if you terminate this Agreement and your registration at any time other than the end of a school term.
14.7 If you have not used our Service for a period of longer than 12 months, we reserve the right to terminate this Agreement and your registration. Subscriptions will be for a 12 month period.
15.0 The Privacy Act 1993
15.1 We respect and are committed to protecting the privacy and personal information of all users on the Website and our Service. Our Privacy Policy is based on the Information Privacy Principles in the New Zealand Privacy Act 1993 ("the Act").
15.2 We may collect personal information from you in the following ways:
a. When you register as a User
b. When you use the Service through the Website;
c. When you input your information into our online order form used to purchase Products
d. When you receive updates and information from us; and
e. When you visit the Website.
15.3 You acknowledge that personal information collected or held by us is provided and may be held, used and disclosed for the following purposes:
a. To enable us to provide you with the Service;
b. To enable us to verify your identity, the identity of your child or children, and your relationship with them; and your connection with the Organisations you select;
c. To enable us to communicate with you including electronically for any purpose;
d. To enable us to administer, whether directly or indirectly, all our rights under this Agreement;
e. To enable us to market the Service; and
f. To enable us to ascertain at any time your credit worthiness and obtain at any time credit statements.
15.4 Any personal information collected will be held by us at our registered office and electronically in secure networks and data storage facilities. Other than as set out in this Agreement, or in accordance with the Act or as required by law, we will not disclose your personal information to any other party without your express consent.
15.5 You have the right under the Act to obtain access to and to request correction of any personal information we hold about you.
15.6 Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes. Cookies do not identify you personally but do identify your computer. Most web browsers are set to accept Cookies. We may use Cookies to save your password so you do not have to re enter it each time you visit the Website and for other purposes relating to your use of the software through the Website. We may also use Cookies for tracking the statistics of the Website to allow us to better understand our users and to improve the functionality and layout of the Website. If you do not wish to receive any Cookies, you may set your browser to either prompt you or refuse Cookies. Please note that rejecting Cookies may disable your browser from accessing many parts and functionality of the Website and software.
15.7 CSX does not store credit card details, and all payments are handled by a third party Payment Express by DPS. Payment Express have a dedicated and purpose built development and data centre, specially designed for payments processing. They have invested and continue to re-invest in state of the art, bank grade security and infrastructure, and are fully certified as Visa AIS and MasterCard SDP (PCI DSS) compliant at processor level; using an approved QSA for quarterly scans on systems and full onsite audits, annually. All sensitive information is encrypted with the 3DES protocol, with Atalla Network Security Processors.
16.0 Dispute resolution
16.1 If a dispute arises between us in connection with this Agreement , either party may at any time give notice to the other party specifying the nature of the dispute.
16.2 Within 10 business days after a dispute notice is given under clause 16.1 both parties must meet and, in good faith and acting reasonably, do their best to resolve the dispute quickly through negotiation.
16.3 If the parties do not resolve the dispute by negotiation within the following 10 business days or such later date as the parties may agree, the parties must immediately refer the dispute to mediation.
16.4 The mediation must be conducted by a mediator agreed by the parties, or failing agreement between the parties, the mediator will be selected by the President of the New Zealand Law Society.
16.5 Unless the parties agree otherwise, the mediator's fee and any other costs of the mediation itself (such as for venue hire or refreshments) will be shared equally between the parties, but the parties will each pay their own costs of preparing for and participating in the mediation (such as for travel and legal representation).
16.6 The parties must do whatever is reasonably necessary to put into effect any negotiated or mediated agreement or other resolution of the dispute.
16.7 If the parties do not resolve the dispute by negotiation or mediation within either three months from the date of the dispute notice given under clause 16.1, or any other period agreed by the parties, then the dispute must be submitted to a single arbitrator (the arbitrator to be agreed between the parties or otherwise appointed by the President of the New Zealand Law Society) with the arbitration to be conducted in accordance with the provisions of the Arbitration Act 1996.
16.8 While the above procedures for resolving the dispute are being followed and this agreement has not been terminated, each party must to the extent reasonable continue to perform its obligations under this agreement.
17.0 No agency
17.1 Each User acknowledges that CSX and each Organisation and each Supplier are not agents or authorised representatives of each other.
18.0 Assignment
18.1 By using this Service each User acknowledges that CSX may assign any of its rights or obligations under this Agreement without seeking the User's prior approval.
19.0 General
19.1 Force Majeure: We are not liable for lack of performance, unavailability or failure of the Website, or a failure to perform, or a delay in performing, our obligations under this Agreement because of any cause beyond our control.
19.2 No Waiver: If we do not enforce any right available to us under this Agreement, it does not constitute a waiver of that right or any other right under this Agreement.
19.3 Partial Invalidity: If any term under this Agreement is held to be invalid, unenforceable or illegal for any reason, it will not affect the remaining terms, which will remain in full force.
19.4 Governing Law: This Agreement is governed by the laws of New Zealand. You submit to the non exclusive jurisdiction of the Courts of New Zealand.
19.5 Entire Agreement: This Agreement represents the entire agreement between you and us. This Agreement supersedes any other agreement made, past or future that relates to the subject matter contained in this Agreement.

Security

To ensure the data travelling from your browser to our web server is as secure as we can make it, we've installed SSL (Secure Socket Layer) across our full website. Click here for more information regarding SSL.

Your payments

For all your payment transactions, we use Payment Express. We do not hold any credit card or Account2Account information on our website.

Account2Account

Payment Express does not access customers personal information at any stage during the transaction process and does not keep any record of personal information during this transactional process, it is handled directly with the banking provider.
The same level of security applies to the millions of credit card transactions processed by Payment Express every day.
A2A security information link: https://Www.Paymentexpress.Com/Account2account_Security_Information
If you'd like verification of Payment Express' security as a payment processor you can speak to the merchant services team at your bank.
For more information about Payment Express' Privacy Policy click on the link: https://www.paymentexpress.com/About/About_DPS/Privacy_Policy

Hosting

CSX Limited ensures that its security and infrastructure is taken care of using the most up-to-date security surrounding all information stored on our website.

Privacy Policy

The Privacy Act 1993

1. We respect and are committed to protecting the privacy and personal information of all users on the Website and our Service. Our Privacy Policy is based on the Information Privacy Principles in the New Zealand Privacy Act 1993 ("the Act").
2. We may collect personal information from you in the following ways:
a. When you register as a Customer
b. When you use the Service through the Website;
c. When you input your information into our online order form used to purchase Products;
d. When you receive updates and information from us; and
e. When you visit the Website.
3. You acknowledge that personal information collected or held by us is provided and may be held, used and disclosed for the following purposes:
a. To enable us to provide you with the Service;
b. To enable us to verify your identity, the identity of your child or children, and your relationship with them; and your connection with the Organisations you select;
c. To enable us to communicate with you including electronically for any purpose;
d. To enable us to administer, whether directly or indirectly, all our rights under this Agreement;
e. To enable us to market the Service; and
f. To enable us to ascertain at any time your credit worthiness and obtain at any time credit statements.
4. Any personal information collected will be held by us at our registered office and electronically in secure networks and data storage facilities. Other than as set out in this Agreement, or in accordance with the Act or as required by law, we will not disclose your personal information to any other party without your express consent.
5. You have the right under the Act to obtain access to and to request correction of any personal information we hold about you.
6. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes. Cookies do not identify you personally but do identify your computer. Most web browsers are set to accept Cookies. We may use Cookies to save your password so you do not have to re enter it each time you visit the Website and for other purposes relating to your use of the software through the Website. We may also use Cookies for tracking the statistics of the Website to allow us to better understand our users and to improve the functionality and layout of the Website. If you do not wish to receive any Cookies, you may set your browser to either prompt you or refuse Cookies. Please note that rejecting Cookies may disable your browser from accessing many parts and functionality of the Website and software.
7. CSX does not store credit card details, and all payments are handled by a third party Payment Express by DPS. Payment Express have a dedicated and purpose built development and data centre, specially designed for payments processing. They have invested and continue to re-invest in state of the art, bank grade security and infrastructure, and are fully certified as Visa AIS and MasterCard SDP (PCI DSS) compliant at processor level; using an approved QSA for quarterly scans on systems and full onsite audits, annually. All sensitive information is encrypted with the 3DES protocol, with Atalla Network Security Processors.