These Terms and Conditions apply to all online purchases of Products by a “User” from Her Majesty the Queen, in right of
Paragraphs 1 to 12 apply to the purchase of Non-Historical and Historical Products. Additional terms and conditions specific to Non-Historical Products are contained in paragraphs 13 and 14.
Definitions
“Historical” - means:
Births (excluding still births) that occurred 100 years ago or more.
Stillbirths that occurred 50 years ago or more.
Marriages and eventually civil unions that occurred 80 years ago or more.
Deaths that occurred 50 years ago or more, or if 80 years or more has passed since the birth of the deceased person.
“Non-Historical” – means:
Births (excluding stillbirths) that occurred less than 100 years ago.
Stillbirths that occurred less than 50 years ago.
Marriages and civil unions that occurred less than 80 years ago.
Deaths that occurred less than 50 years ago, or if less than 80 years has passed since the deceased's date of birth.
All name changes for persons born overseas registered on or after 25 January 2009.
“Organisation” – any entity approved by the Registrar-General under paragraph 14.
“Product” – a birth, death, marriage, civil union, or name change certificate or printout.
1. Terms
1.1 By purchasing any Product from BDM through this website, Users are agreeing to be bound by these Terms and Conditions.
1.2 Nothing in these Terms and Conditions affects a User’s statutory rights as a consumer under New Zealand Law.
2. Disclaimer
2.1 Whilst BDM makes every effort to maintain the accuracy of the information on this website, it makes no warranty or representation, express or implied, about accuracy, completeness or appropriateness for a particular purpose, and takes no responsibility for any incorrect information contained on the website.
2.2 This disclaimer applies in addition to the standard Department of Internal Affairs disclaimer
3. Payments
3.1 All payments are subject to the following conditions:
All prices are shown in
All prices are inclusive of New Zealand Goods and Services Tax (GST). The GST amount will be shown separately to the product price on the GST receipt produced by BDM.
All prices are inclusive of postage and handling costs.
3.2 BDM cannot accept liability if payment is refused or declined by the credit card supplier due to the User quoting incorrect card details or for any other reason.
3.3 Once a User’s payment has been received by BDM the User will be sent confirmation of this by receipt. In the case of credit card payments, orders will not be processed until payment is received by BDM.
3.4 Credit card payment transactions will take place within a secure payment system provided by Payment Express. Payment Express is solely responsible for this transaction. Please see the Payment Express privacy/security policy for more information on this.
4. Delivery
4.1 It will take up to 8 working days for orders to be processed. Postage time is additional to the processing time.
4.2 Postage will be by
5. Refunds and charges
5.1 A refund will only be issued at the sole discretion of BDM if paragraph 5.3 or 5.4 is applicable. No refund will be given if the amount due is less than $5.
5.2 If a User orders a Product but the record cannot be found, or if the User is not entitled to access the record by law (excluding non-disclosure directions), the User will be notified and the regulated search fee will be charged.
5.3 If a record exists but no Product can be issued to the User because a non-disclosure direction is in force the User will be notified and a full refund will be issued.
5.4 Where BDM has posted an incorrect price on the website, BDM may cancel an order and refund the amount paid. The User may then resubmit an order for the Product at the correct price.
6. Data Privacy Policy
6.1 When a User orders a Non-Historical birth, marriage, civil union, or name change Product, details of the request will be entered into the Access Register as required by s75D of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
6.2 Unless required otherwise by law, BDM will treat all User details provided in ordering products from this website in confidence, and will only use such details as is necessary for processing a User’s order, and for monitoring use of the website for any purpose including statistical analysis or service improvement.
7. Indemnity
7.1 Users agree to indemnify BDM against all claims, damages and expenses arising out of any breach by them of these Terms and Conditions.
8. BDM’s Rights
8.1 BDM reserves the right to:
Modify, suspend or withdraw all or any part of this website without notice;
Change any of these Terms and Conditions without notice (any continued use of the website following any changes shall be deemed to be acceptance of the changes);
Refuse a transaction or service at any time and for any reason.
8.2 In any of the above circumstances, BDM will not be liable to Users or to any third party for any loss or damage whatsoever.
9. BDM’s Liability
9.1 BDM will not be liable in contract, tort (including negligence), or otherwise, for any economic losses, loss of goodwill or reputation, or other direct or indirect losses incurred by Users or any third party arising out of or in connection with the Terms and Conditions and the use of this website.
9.2 BDM will not be held responsible for any delay or failure to comply with its obligations under the Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control.
10. Law
10.1 The operation of these Terms and Conditions will be interpreted in accordance with, and governed by, the law of New Zealand, and is under the jurisdiction of the New Zealand Courts.
10.2 BDM reserves the right to take legal action against those Users committing or attempting to commit fraud using the information available on this website, or in any other way attempting to use the information in a manner which contravenes any enactment, law, or these Terms and Conditions.
11. Complaints and Disputes
11.1 Should Users have a complaint about the website, please contact BDM by e-mail, phone or in writing (see Contact Information below).
11.2 Complaints will be considered in the context of BDM’s complaints policy. For further information on this policy, please click on the following link:
Complaints Policy – What Happens Next
12. Contact Information
12.1 Any further information regarding BDM’s Terms and Conditions can be obtained by contacting the BDM Customer Service Centre as follows:
Telephone:
0800 22 52 52 (
+64 (4) 474 8150 (Outside
E-mail any enquiries to: bdmonline@dia.govt.nz
Alternatively, Users can write to BDM at the following address:
Births, Deaths and Marriages
PO Box 10-526
Wellington 6143
Additional terms and conditions specific to Non-Historical Products
13. Use of Non-Historical Website – Individuals
13.1 To be able to purchase a Non-Historical Product on this website an individual User must hold a valid igovt logon, and igovt ID. Further information on the igovt services can be found at the igovt website .
13.2 Users must also enter an igovt code with their igovt logon. The code will be received via a TXT sent to the User’s mobile phone or an igovt token if the User has one.
13.3 BDM is entitled to rely on the authenticity of the igovt logon and igovt ID. Where the correct igovt logon and igovt ID have been entered BDM may act on any instructions given without further enquiry.
13.4 BDM will require each User to establish his or her identity using an igovt ID the first time the User orders a Non-Historical Product, and then again on an annual basis. BDM may also require a User to re-establish his or her identity using an igovt ID on any other occasion that a User orders a Non-Historical Product.
14. Use of Website – Organisations
14.1 To be able to purchase a Non-Historical Product on this website an Organisation must be approved by the Registrar-General. An Organisation must apply in writing on the form provided by BDM, and approval is at the discretion of the Registrar-General.
14.2 An Organisation must designate an individual to be the Organisation’s Administrator.
14.3 The Administrator will manage the Organisation’s use of the website, and be able to associate further individuals to the Organisation so that those individuals can purchase Products on behalf of the Organisation.
14.4 The Organisation must only associate individuals authorised to order products on behalf of the Organisation.
14.5 The Organisation must associate the unique igovt logon for every individual authorised to order Products for the Organisation that has been created by that person. That logon may not be used by any other individual to access this website. Every individual associated to an Organisation must enter his or her name into the Identity Services online registration page.
14.6 The Organisation must disassociate an individual from the Organisation as soon as the person is no longer authorised to purchase Products for the Organisation.
14.7 The Organisation is liable and responsible for all use made of both the Administrator logon and associated igovt logons and must take all necessary steps to maintain the security of these logons.
14.8 BDM is entitled to rely on the authenticity of the Administrator logon or associated igovt logons. Where the correct logon has been entered BDM may act on any instructions given without further enquiry.
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4.9 For an Organisation to pay other than by credit card the Organisation must be approved as a debtor of the Department of Internal Affairs, or request BDM to establish an invoicing arrangement for the Organisation. Non-government agencies must obtain the approval of the Registrar-General to pay using invoices.
14.10 BDM may disable an Organisation from using this website if the Registrar-General considers that doing so is necessary to maintain the security of this website or any information accessed using this website, or if these terms and conditions are breached.
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