Terms and Conditions
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 collect contact information for the animal and 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:
- “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.
- “Implanter” means a person or organisation that qualifies as a registered microchip implanter and has an account to register and edit microchip details on the NZCAR
- “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 personal 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 Websites. The suite of services of the NZCAR may change from time to time.
- “Websites” means animalregister.co.nz and lostpet.co.nz.
- 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.
- By registering on the NZCAR, Customers may receive reminders, 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 promotional communications from us by emailing us at [email protected]
- CANZ has the discretion to accept or decline registrations without reason. CANZ reserves the right to cancel any registration without notice should the need arise.
- No costs are payable to access your Customer records or to browse the open parts of the Websites. Customers are responsible for any costs incurred in registering an animal onto the NZCAR regardless of whether it is later found that the registration is legal or illegal.
- CANZ may, in its absolute discretion, suspend or terminate the account of any Customer at any time and for any reason.
- Use of the NZCAR and the Websites
- 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 Websites.
- Material on our Websites 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 Websites or impairment of the availability or accessibility of the database or Websites; 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 Websites to transmit or send unsolicited commercial communications.
- Any visitor to the NZCAR must not use the Websites 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.
- 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.
- 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.
- Fees & Registration
- 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 Websites 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 organisations with ‘Implanter’ status.
- CANZ’s liability in providing the NZCAR and the Services is limited, and customers are advised to read the disclaimer of liability statement on the Websites.
- The NZCAR and the Services are information services only and CANZ makes no claim to any other function other than the storage and provision of the details supplied by you at the time of registration.
- The Guardian shall be the party responsible for ensuring that information stored in the NZCAR is current and accurate. It is the Guardian’s responsibility to notify CANZ of changes to these details.
- The Guardian shall acknowledge and agree that registration with the NZCAR is not a guarantee that the animal will be returned, nor does it guarantee or make any warranty on the condition of the animal at the time of recovery.
- The Guardian as listed on the NZCAR for an animal is responsible for maintaining up to date contact details on the NZCAR. The Guardian needs to give permission for details to be changed, however, if CANZ cannot contact the Guardian after a reasonable amount of time and effort, CANZ staff may change the records at the request of someone who claims responsibility for the animal. This is in line with the primary purpose of the NZCAR, which is to get lost animals back to the people who care for them. You acknowledge that the NZCAR is not an official legal ownership register and accordingly, being the Guardian on the NZCAR is not proof of ownership of an animal. CANZ is not responsible for determining who the legal owner of an animal is.
- It is possible to list two individuals on the NZCAR to share the role of Guardian by entering two names in the Guardian field. However, both individuals will need access to the associated email account.
- In the event of the death of the Guardian, and if there is a secondary contact listed, the secondary contact will become the Guardian and CANZ will update the NZCAR records accordingly. If there is no secondary contact listed, then CANZ staff may change the records at the request of someone who claims responsibility for the animal.
- CANZ disclaims any responsibility for the costs incurred in the recovery or return of an animal and the Guardian registered on the NZCAR for that animal shall assume total responsibility for arranging for the return of the lost animal and any costs incurred by CANZ or any other person. The Guardian agrees to indemnify CANZ and hold us, our officers and employees harmless from any costs (including legal costs), or losses incurred by us in the recovery or return of an animal.
- CANZ, as the owner of the NZCAR, expressly disclaims any liability for inaccurate or negligent use of the information stored in the NZCAR by any third party, including but not limited to, any authorised party to whom approval to retrieve owner details has been supplied.
- Every effort has been made to ensure that CANZ and no other person owns all intellectual property in all content on the Websites. Any concerns over the use of content, images, code or any other aspect of the site may be raised with CANZ during normal office hours.
- Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the CANZ. CANZ does not monitor the content of any other website and is not liable or responsible in relation to any content on them.
- Any dealings with any advertiser or supporter appearing on the NZCAR are solely between the customer and the advertiser or other third party. To the maximum extent permitted by law, CANZ is not responsible or liable for any part of any such dealings or promotions.
- The Customer confirms that the information and data provided to us on registering as a registered user was current, complete and accurate at the time it was provided, and the customer agrees to maintain and update the information and data as required to ensure it is kept up to date and is accurate and CANZ has no such responsibility.
- Reliance upon password: You agree to keep your Login details safe and you release us from and renounce any claim in respect of or arising from any reasonable reliance by us upon any use of your Login details, including us disclosing information relating to your registration and/or affairs with us to anyone who accesses the NZCAR with your Login details. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses incurred by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your Login details.
- CANZ shall protect the stored information with regard to all applicable laws of New Zealand, however it expressly disclaims any misuse of this information by third parties, either authorised users, employees or non-authorised users, if it has been obtained either by illegal means or for illegal purposes.
If you have any questions or concerns in relation to the NZCAR or these Terms please contact us as set out below:
+64 21 555 285
Companion Animals NZ
PO Box 27273