Terms and Conditions

Introduction

Below are the standard terms and conditions (Terms) for the provision of the New Zealand Companion Animal Register (NZCAR or ‘the register’). Copies of these Terms can be emailed to you on request. We may amend or replace these Terms without notice at any time by uploading the amended or replacement Terms on our website.
The NZCAR is intended to facilitate the recovery of lost animals by assisting those who find or recover lost animals to initiate the return of the animal to the proper owner.
The NZCAR is owned and managed by Companion Animals New Zealand (CANZ) - a registered charitable trust that promotes responsible companion animal guardianship in New Zealand.

By using the NZCAR you accept the following Terms:

2. Definitions

• “Customer” or “you” means the person who purchases or makes use of the NZCAR and/or the Services offered by CANZ.
• “Guardian” means a Customer who registers on the NZCAR as the Guardian for an animal. May also be referred to as ‘Primary Contact’ and ‘Registered Guardian’.
• “Implanter” means a person or organisation that qualifies as a microchip implanter and has an account to register and edit microchip details on the NZCAR.
• "EnquirerPlus" means a person or organisation who can register animals' microchips and be billed monthly (similar to an Implanter), but who has not demonstrated a proficiency for microchipping and therefore does not qualify for an Implanter account.
• “Enquirer” means a person or organisation who is only able to search existing microchips for the purpose of getting lost pets home.
• “Approved User” refers to all Enquirer, Enquirer Plus and Implanter Users. This group of Approved Users may also be referred to as ‘Agents’. Approved Users have special permissions to access the database but are not employees nor representatives of Companion Animals NZ nor the NZ Companion Animal Register.
• “Registration Fee” means the fee paid to register a single animal onto the database.
• “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
• “Login” means a Customer’s email address and password used to access the NZCAR.
• “CANZ” or “us” means Companion Animals New Zealand, a registered charitable trust board with incorporation number 50054968.
• ”NZCAR” means the New Zealand Companion Animal Register database.
• “Services” means the services provided by CANZ on the NZCAR and all web services and support services associated with the NZCAR, including the services provided on the Website. The suite of services of the NZCAR may change from time to time.
• “Website” means animalregister.co.nz

3 - Approved Users

3.1 General

• Use of the NZCAR is subject to these Terms, the privacy policy and the disclaimer of liability statement and Code of Conduct, all of which are available on the Website. Approved Users of the Services are deemed to accept these Terms, the privacy policy, disclaimer of liability statement and Code of Conduct by registering for, and continuing to use, the Services.
• These Terms are governed by and will be construed in accordance with the laws of New Zealand and Customers submit to the exclusive jurisdiction of the Courts of New Zealand.
• If at any time CANZ does not enforce any of these Terms or conditions, CANZ will not be construed as having waived that term or condition or rights to later enforce that or any other term or condition.
• If any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the any law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining Terms will be binding on the parties.

3.2 Registration

• No costs are payable to create or access your Approved User account or to browse the open parts of the Website. Approved Users are responsible for any costs incurred in registering an animal onto the NZCAR regardless of whether it is later found that the registration has been created in error or later deemed invalid.
• Approved Users may receive animal welfare educational advice, natural disaster notifications, invitations to participate in animal surveys, promotional and other material from us. You may opt out of receiving these communications from us by emailing us at office@animalregister.co.nz.
• Approved Users acknowledge that they may receive essential communications related to system functionality, service updates, and procedural requirements necessary for supporting guardians and delivering NZCAR services; these communications are considered operationally critical and cannot be opted out of.
• CANZ has the discretion to accept or decline registrations without reason. CANZ reserves the right to cancel any Approved User created registration without notice should the need arise.
• CANZ may, in its absolute discretion, suspend or terminate the account of any Approved User at any time and for any reason.
• CANZ wishes to protect animals during the microchip implantation process. While new registrations can be created by Implanters, EnquirerPlus Users and Guardians, only Implanters should be injecting microchips. CANZ reserves the right to cancel any registration of microchips that we suspect have been implanted by unqualified people.

3.3 National Equine Identification and Traceability (NEIT) System

When an Approved User registers an equid on the NZCAR and chooses to opt the animal into the NEIT system, it is deemed that they have obtained prior and explicit consent from the guardian of the animal. By completing the registration process, the Approved User affirms that:

• They are authorised to action this on behalf of the guardian of the equid.
• They have secured the necessary permission to enter the equid’s details into the NEIT system.
• The guardian has been informed of the registration and agrees to the terms associated with participation in the NEIT system.

3.4 Use of the NZCAR and the Website

• The NZCAR Services will be available online 24/7, subject to server accessibility and accepting there may be minor outages. CANZ will also be contactable during office hours (excluding public holidays), using email, or phoning our freephone number which are displayed on the Website.
• Material on our Website must not be altered, modified, reproduced, transmitted or distributed without the prior written consent of CANZ.
• CANZ reserves the right to prohibit links to the NZCAR and you agree to remove or cease using any link upon our request. You may not use any part of the NZCAR or associated Services or any content contained on the NZCAR or related to the Services to advertise or produce other revenue generating material.
• Any visitor to the Website must not use the Website in any way that causes, or may cause, damage to the database or Website or impairment of the availability or accessibility of the database or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• Any visitor to the NZCAR must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• Any visitor to the NZCAR must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the prior written consent of CANZ.
• Any visitor to the NZCAR must not use the Website to transmit or send unsolicited commercial communications.
• Any visitor to the NZCAR must not use the Website for any purposes related to marketing without CANZ’s express written consent.
• CANZ reserves the right to alter, amend, vary, add or delete any content, policies, pricing and/or graphics as it sees fit at any time and without notification to you.

3.5 Intellectual Property

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the NZCAR and the Services shall at all times remain the exclusive property of CANZ. Nothing in these Terms shall constitute any licence of or transfer of intellectual property rights to the Customer.

3.6 Force Majeure

If CANZ is prevented from providing the Services by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of electricity or communications failures, or other causes whatsoever, whether similar to the foregoing or not) beyond the reasonable control of CANZ then CANZ shall be excused from performing the Services to the extent of such prevention and you will have no claim against CANZ for not providing the Services.

3.7 Fees, payments and record updates

• CANZ reserves the right to alter the Registration Fee and to add, alter or delete any other charges at any time in its sole discretion. Any increase or decrease in the Registration Fee shall take effect from the time of implementation and shall not be applied retrospectively to any fees already paid.
• The prices of all Services are displayed in New Zealand currency.
• The price of services will be communicated with the Approved User at the time of account creation and is inclusive of GST, unless otherwise specified.
• Approved Users shall pay for the Services offered by credit card or bank transfer.
• CANZ reserves the right to change these Terms, including payment methods at any time and without notification to you.
• Implanter Approved Users can update NZCAR records, with the Guardian’s permission.
• NZCAR support staff are able to update NZCAR records, with the Guardian’s permission, and transfer guardianship of an animal without consent of the registered guardian in certain circumstances if directed to by the:

1. Courts. When there is dispute about the ownership of an animal, this may be taken to the dispute's tribunal. If the tribunal finds that Person X is the legal owner of an animal, and that animal is registered to somebody else on the NZCAR, under order of the courts we can transfer the animal to Person X without the current registered guardian’s consent.
2. Legally binding document. This is a contract signed by the guardian giving ownership of the animal to another person. For example, a separation of assets in a divorce. Once admin have seen this document, the transfer may be made without the registered guardian’s consent.
3. SPCA. The SPCA has the right to take legal ownership of an animal in certain circumstances, e.g. if a found animal is unclaimed for 7 days. SPCA normally make these transfers themselves without admin help.
4. Council. Like the SPCA, council animal control can take legal ownership of animals (usually dogs) in certain circumstances under the power of the Dog Control Act. On occasion councils may request (usually at the request of the owner) that a dog is transferred on the NZCAR to match the ownership on the NDD. This can be done without consent of the guardian.

4 - Guardians

4.1 General

• Use of the NZCAR is subject to these Terms, the privacy policy and the disclaimer of liability statement, all of which are available on the Website. Customers of the Services are deemed to accept these Terms, the privacy policy and disclaimer of liability statement by registering for, and continuing to use, the Services.
• These Terms are governed by and will be construed in accordance with the laws of New Zealand and Customers submit to the exclusive jurisdiction of the Courts of New Zealand.
• If at any time CANZ does not enforce any of these Terms or conditions, CANZ will not be construed as having waived that term or condition or rights to later enforce that or any other term or condition.
• If any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the any law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining Terms will be binding on the parties.
• All Customers with access to data beyond their own - this includes Approved Users and NZCAR Support Staff - are required to enable and use Multi-Factor Authentication (MFA) when logging into their accounts.

4.2 Registration

• Once registered on the NZCAR, guardians may opt-in to receive animal welfare educational advice, natural disaster notifications, invitations to participate in animal surveys and other material from us. Communications pertinent to the core service being provided to you cannot be opted out of.'
• CANZ has the discretion to accept or decline registrations without reason. CANZ reserves the right to cancel any Guardian created registration without notice should the need arise.
• No costs are payable to access your Customer records or to browse the open parts of the Website. Customers are responsible for any costs incurred in registering an animal onto the NZCAR regardless of whether it is later found that the registration has been created in error, or later deemed invalid.
• CANZ may, in its absolute discretion, suspend or terminate the account of any Customer at any time and for any reason.

4.3 National Equine Identification and Traceability (NEIT) System

Equids may be registered with the NEIT and NZCAR systems through one of the following methods:

• Direct registration by an Approved User via each respective website
• Opt-in by the registered guardian via their login to the respective website
• Opt-in facilitated by CANZ Support Staff upon request from the guardian

Each service operates under its own Terms and Conditions, including distinct Privacy Policies. By registering for and continuing to use either service, guardians are deemed to have read, understood, and accepted the applicable terms.

4.4 Use of the NZCAR and the Website

• The NZCAR Services will be available online 24/7, subject to server accessibility and accepting there may be minor outages. CANZ will also be contactable during office hours (excluding public holidays), using email, or phoning our freephone number which are displayed on the Website.
• Material on our Website must not be altered, modified, reproduced, transmitted or distributed without the prior written consent of CANZ.
• CANZ reserves the right to prohibit links to the NZCAR and you agree to remove or cease using any link upon our request. You may not use any part of the NZCAR or associated Services or any content contained on the NZCAR or related to the Services to advertise or produce other revenue generating material.
• Any visitor to the NZCAR must not use the NZCAR in any way that causes, or may cause, damage to the database or Website or impairment of the availability or accessibility of the database or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• Any visitor to the NZCAR must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• Any visitor to the NZCAR must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the prior written consent of CANZ.
• Any visitor to the NZCAR must not use the Website to transmit or send unsolicited commercial communications.
• Any visitor to the NZCAR must not use the Website for any purposes related to marketing without CANZ’s express written consent.
• CANZ reserves the right to alter, amend, vary, add or delete any content, policies, pricing and/or graphics as it sees fit at any time and without notification to you.

4.5 Intellectual Property

4.5 Force Majeure

4.7 Fees, payments and record updates

• CANZ reserves the right to alter the Registration Fee and to add, alter or delete any other charges at any time in its sole discretion. Any increase or decrease in the Registration Fee shall take effect from the time of implementation and shall not be applied retrospectively to any fees already paid.
• The prices of all Services are displayed in New Zealand currency.
• The prices of the Services listed on the Website are inclusive of GST, unless otherwise specified.
• Customers shall pay for the Services offered by credit card or bank transfer.
• If payment is by bank transfer the Services will not be performed until payment has been received in full and processed.
• If payment is by credit card, the Services shall not be performed until funds have cleared and have been deposited into the CANZ accounts. If the credit card is declined the Services will not be provided until alternative payment arrangements have been completed.
• CANZ reserves the right to change these Terms, including payment methods at any time and without notification to you.
• NZCAR records can be changed, with the Guardian’s permission, by NZCAR support staff and ‘Implanter’ Users.
• NZCAR support staff are able to transfer guardianship of an animal without consent of the registered guardian in certain circumstances if directed to by the:

1. Courts. When there is dispute about the ownership of an animal, this may be taken to the disputes tribunal. If the tribunal finds that Person X is the legal owner of an animal, and that animal is registered to somebody else on the NZCAR, under order of the courts we can transfer the animal to Person X without the current registered guardian’s consent.
2. Legally binding document. This is a contract signed by the guardian giving ownership of the animal to another person. For example, a separation of assets in a divorce. Once admin have seen this document, the transfer may be made without the registered guardian’s consent.
3. SPCA. The SPCA has the right to take legal ownership of an animal in certain circumstances, e.g. if a found animal is unclaimed for 7 days. SPCA normally make these transfers themselves without admin help.
4. Council. Like the SPCA, council animal control can take legal ownership of animals (usually dogs) in certain circumstances under the power of the Dog Control Act. On occasion councils may request (usually at the request of the owner) that a dog is transferred on the NZCAR to match the ownership on the NDD. This can be done without consent of the guardian.

If you have any questions or concerns in relation to the NZCAR or these Terms please contact us as set out below:
Contact: NZCAR Manager
Phone: 0508 567 873
Email: office@animalregister.co.nz
Mail: Companion Animals NZ
PO Box 27273
Marion Square
Wellington 6141