How these terms apply

These terms govern your use of MyOSPRI and any related Services, and are between you and us. By using or registering to use MyOSPRI you agree to these terms.

Unless the context requires otherwise, in these terms:

  • Application means an application or system accessible via the MyOSPRI, including the eASD system and NAIT system.
  • CGA means the Consumer Guarantees Act 1993.
  • eASD data has the meaning given to that term in clause 7.
  • eASD system means the application made available by OSPRI for the purpose of making animal status declarations in respect of the TB Management Order.
  • FTA means the Fair Trading Act 1986.
  • Platform has the meaning given to that term in clause 1.
  • NAIT means National Animal Identification and Tracing (NAIT) Limited.
  • NAIT data has the meaning give to that term in clause 7.
  • NAIT Act means the National Animal Identification and Tracing Act 2012.
  • NAIT system means the 'NAIT information system' as described in the NAIT Act and administered by NAIT.
  • MyOSPRI is the web or mobile application used to complete biosecurity obligations mandated through relevant legislation.
  • OSPRI website means the website maintained by OSPRI. As at the time these terms were most recently updated, the OSPRI website could be accessed at ospri.co.nz.
  • OSPRI means OSPRI New Zealand Limited.
  • Privacy Act means the Privacy Act 2020.
  • TBFree means TBfree New Zealand Limited.
  • TB Management Order means the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Order 1998.
  • Terms means these terms of use for accessing the Platform and Services.
  • Services means services provided to you through the Platform.
  • You means the person addressed by these terms.
  • We, us, and our refers to OSPRI.

References to any law means that law as amended or replaced from time to time.

In addition to these terms, you may be required to agree to other terms and conditions (for example, via a pop-up screen) in order to receive certain Services. To avoid doubt, those terms and conditions will apply to you in addition to these terms, and will prevail over these terms to the extent of any inconsistency.

You agree we can make changes to these terms from time to time, and such changes will become effective immediately upon us posting the changed terms in MyOSPRI or on the OSPRI website. However, if there is any change which we consider is likely to be materially detrimental to your existing rights under these terms, we will give you reasonable advance notice of the change. (Reasonable advance notice includes us publishing the new terms in MyOSPRI or on the OSPRI website 14 days or more before the new terms are described as taking effect.)

By continuing to use MyOSPRI, you’ll be taken to have accepted the latest version of these terms, and you are responsible for checking for changes. If you object to any change to these terms, or you don’t wish to keep your account for any reason, you can close your account at any time by emailing us from our Contact us page.

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Registration to use MyOSPRI

In order to use MyOSPRI, you must register your details and create credentials for logging on to MyOSPRI. As part of this process, we may need you to you verify your identity using 2-factor authentication, which may be facilitated with the assistance of our authentication provider. You agree that if you register to act on behalf of another person or entity (that is, not in your personal capacity), including where the person is an organisation, you have all necessary authority to bind that entity.

In addition to registering to use MyOSPRI, you may also have to provide or register additional information to use particular Services.

Taking care with passwords

You must ensure that your login credentials are suitable, and that you keep these confidential and secure. In particular, you must take reasonable care to:

  • choose a password that is known only to you which cannot be easily guessed
  • not disclose your password to anyone
  • not allow anyone to see your password, or have the opportunity to see it or record it when you enter it on a computer, and
  • change your password at regular intervals.

Effect of credentials

You agree that we’re entitled to rely on the authenticity and authority of your credentials to process actions or requests you submit via the platform and that we may do so without further enquiry.

You acknowledge that when you log in to use MyOSPRI, you are confirming your identity and providing an authenticated electronic signature. For information in an electronic form, an electronic signature is a method used to replace a written signature to identify a person and to indicate approval of the information, including any statutory declaration required to be made by the person in charge under the Animal Products Act 1999.

Compromised or misuse of login credentials

You agree that you’ll immediately change your password and notify us if you:

  • believe the secrecy of your password has been compromised
  • you become aware of any unauthorised use of your username or password
  • not knowingly or recklessly use or attempt to use your login credentials for a purpose for which it was not intended, including any unlawful purpose, and
  • notify us if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of your login credentials.

You agree you won’t do anything in relation to MyOSPRI or the Services that can reasonably be considered offensive, unlawful, defamatory or inappropriate, or which is a breach of privacy or confidence.

In addition, you won’t:

  • allow any other person the use of your account, or to act in your name, except as expressly agreed with us — where applicable this may be agreed with us via terms and conditions presented to you within MyOSPRI
  • attempt to access or use any other person’s account
  • use MyOSPRI or the Services in a manner which could cause us to breach any law
  • attempt to interfere with or disrupt our systems in any way, or
  • upload, transmit or distribute any malware or spyware in relation to MyOSPRI or our systems.

Only use MyOSPRI for legitimate purposes

You agree that you’ll only access and use MyOSPRI, including any information available to you from MyOSPRI for the purpose of discharging your obligations at law — for example, to comply with the Animal Products Act 1999, the Animal Welfare Act 1999 or the Biosecurity Act 1993 — or as otherwise expressly permitted by us.

Get others' consent if you’re sharing their information

You agree that before providing us with anyone else’s personal information, you’ll obtain any necessary consents or authorisations from the individuals so that, without us taking any further steps, we may collect, use and disclose such information as described in the ‘How we can use your information’ section below and as set out in our privacy policy.

Privacy policy

Before you provide us with others’ personal information, you must take reasonable steps to ensure that the affected individuals know how their personal information will be treated according to the ‘How we can use your information’ section and our privacy policy.

Suspension of your login and access

We may suspend or disable your login credentials and your access to MyOSPRI if:

  • we consider doing so is necessary to protect the security of MyOSPRI, our Services, our systems or any person
  • your credentials are being misused or have otherwise been compromised, or we consider this likely to be the case, or
  • you breach these terms.

In some cases, you may be able to use Services in MyOSPRI while offline. However, when using any Service that is accessible offline, you should know that we won’t process any data you input until that data is received by us after your internet connection is restored.

When and how often you have access to the internet could affect your ability to comply with any legal obligations that impose timeframes for you to provide particular data or perform certain actions. Note that we won’t be responsible for your failure to comply with those obligations — more information is provided in the ‘Liability’ section.

To avoid issues, we recommend you sync data with MyOSPRI over the internet regularly and at least once a day.

It’s important you understand that you don’t own any intellectual property in MyOSPRI, and can only use MyOSPRI for limited purposes.

We retain all rights in the intellectual property in MyOSPRI

We own or are licensed to use all intellectual property rights in MyOSPRI, including the rights in all components of MyOSPRI. Except as expressly described in these terms, your use of MyOSPRI doesn’t give you any rights in MyOSPRI, or any of its components or content. You agree you won’t copy, modify, adapt, reproduce or republish any part of MyOSPRI, its components or content, including any underlying source code or object code.

You retain your rights in your content, but you also license these rights to us

Despite the above paragraph and except to the extent law provides otherwise, as between you and us, you retain any rights you have in any content you upload. However, you grant us a licence to use this content for the purposes described in our privacy policy and as set out in the ’How we can use your information’ section.

We can use your feedback

Where you provide us with feedback or suggestions about MyOSPRI, you promise us that this information is not confidential to you or any other person, and you transfer to us all rights in feedback or suggestions. We can use such feedback or suggestions as we see fit, without any obligation to you.

Your licence to use MyOSPRI is limited

You understand and agree that we only grant you a limited, revocable, non-sublicensable, non-exclusive, royalty-free licence to use MyOSPRI for the purpose of accessing the Services and in accordance with these terms.

Provide accurate information

When you provide any information via MyOSPRI, including when you register to use MyOSPRI or any particular Service, you must ensure it is true, accurate and correct.

Information you provide generally

We may collect, use and/or disclose information you provide through MyOSPRI generally for the purposes of:

  • providing MyOSPRI to you or other users
  • allowing us to comply with any statutory duties or other obligations at law
  • to help improve MyOSPRI or our Services, and/or
  • as otherwise required or permitted by law.

Information provided for Animal Status Declarations (ASDs)

In the case of information you provide through MyOSPRI in connection with making an electronic ASD we may also collect, use or disclose that information for the purpose of:

  • providing you with access to MyOSPRI and relevant Services, including to allow you to enter data regarding consignment stock movements and associated animal status information, and to make animal status declarations electronically
  • making available your information to the intended receiver of livestock to the extent permitted or required under relevant legislation supporting the Animal Products Act 1999
  • assisting agencies with public powers to improve their disease management and prevention capabilities, and to respond to biosecurity incursions or dangers, including to allow TBfree and other relevant agencies to exercise functions or powers under the Biosecurity (National Bovine Tuberculosis Pest Management Plan) Order 1998, the Animal Welfare Act 1999, the Biosecurity Act 1993, the Animal Products Act 1999.

Our use is subject to law

Our collection, use or disclosure of your information as set out above is subject to any relevant laws that limit our ability to collect, use or disclose your information as described.

Third party providers

In order to make MyOSPRI available to you, you should know that where practical, we might use cloud software services where your information will be stored by a third party on our behalf, to the extent relevant to the purposes above. For example, we currently use Auth0 to help facilitate authentication of users’ identity as part of registering to use MyOSPRI.

Your rights under the Privacy Act

Under the Privacy Act 2020 you have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. More details about how to do this can be found in our privacy policy.

Privacy policy

There are some things we can’t guarantee

While we will make reasonable efforts to ensure you can use MyOSPRI and its Services, you should know that there are limits to our liability to you. This partly reflects the nature of the way MyOSPRI is provided — over the internet — and means that you should think carefully about whether you’ll sometimes need to use other options to meet your legal obligations.

Subject to your rights under the Fair Trading Act 1986 (FTA) and Consumer Guarantees Act 1993 (CGA), you acknowledge and agree to the following.

  1. Although we’ll use reasonable efforts to ensure MyOSPRI and the Services are suitable and generally available, we do not guarantee that MyOSPRI will:
    • always be available, timely or uninterrupted, or
    • that Platform or Services will always perform reliably or be suitable for your needs.
  2. As far as permitted by law, we aren’t liable for any loss you suffer because you‘re unable to access or use MyOSPRI or Services.
  3. Likewise, we’ll use reasonable efforts to ensure that information provided through MyOSPRI is accurate and up to date, but we don’t warrant that this will always be the case. To the extent permitted by law, we exclude all express and implied warranties and representations about any information we provide through MyOSPRI.
  4. MyOSPRI may contain links to third party websites which are not operated by us. We aren’t responsible for, and don’t have control over, these third party websites or their content — so before doing anything, we recommend that you review the applicable privacy policy and terms and conditions for that site.
  5. Except where we specifically tell you otherwise, your ability to use MyOSPRI, and to perform any relevant actions via MyOSPRI for the purpose of complying with your legal obligations, such as making an electronic Animal Status Declaration, requires you to have a reliable internet connection and suitable device.
  6. You, and not us, are solely responsible for compliance with any obligations applying to you under applicable laws. We also do not review or control information that you upload, and we are not responsible for its accuracy or completeness — you are responsible for, and assume all risk associated with, any use or reliance placed on such information by you and any third parties.

We aren’t responsible for your loss

Subject to your rights under the FTA and CGA, as far as permitted by law we aren’t responsible for any loss, damage or other liability (liabilities) that you may suffer in connection with your use of MyOSPRI or the Services or any interruptions or errors, or through your access to or use of any information or content via MyOSPRI. However, this won’t be the case to the extent that we cause or contribute to the liabilities through our breach of these terms or our unlawful conduct. This clause will apply whether the liabilities arise in tort (including negligence), contract, breach of statutory guarantee or warranty, breach of statutory duty, equity or otherwise.

Your rights under the Fair Trading Act (FTA) and Consumer Guarantees Act (CGA)

You have rights under the FTA and/or the CGA. Check the government’s consumer website for more information.

Fair Trading Act

Consumer Guarantees Act

However, if you’re in trade, and the use of the Services are acquired by you in trade, then you and we agree to contract out of the provisions of the CGA, and sections 9, 12A, 13 and 14(1) of the FTA. For this purpose, ‘in trade’ has the same meaning as in the FTA and CGA. Otherwise, nothing in these terms takes away from your rights under the FTA or the CGA.

To avoid doubt, nothing in these terms limits your rights under the CGA or FTA except to the extent you contract out of relevant obligations under those laws as set out in this section.

You may need to indemnify us

You agree to indemnify and hold us harmless for any loss, liability, claim, demand, damage or expense (including all legal fees on a solicitor-client basis) arising directly or indirectly from your breach of these terms, including but not limited to any costs and/or damages associated with any claim of interference with privacy as a result of your use, disclosure or other processing of information in a manner not permitted by these terms. However, you’ll not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.

We won’t waive our rights

If at any time we don’t enforce a provision of these terms, or give you extra time or other leeway to comply, this doesn’t mean that we have waived that provision or given up our rights to enforce that provision, or any other provision.

Severability

If a provision of these terms is found to be invalid, unenforceable or in conflict with the law, that part is replaced with a provision which, as far as legally possible, accomplishes the original purpose of that part. The remaining terms will continue to be binding.

You can’t assign your rights

Unless we give written consent, you must not assign your rights or delegate your obligations under these terms. To the extent law permits, we may assign these terms to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of assets.

Governing law and jurisdiction

These terms are governed by New Zealand law and you agree to the non-exclusive jurisdiction of the New Zealand courts in relation to all disputes arising out of or in connection with these terms, the Platform or Services.

Last updated 28 June 2021