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:
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.
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.
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:
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.
You agree that you’ll immediately change your password and notify us if you:
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:
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.
We may suspend or disable your login credentials and your access to MyOSPRI if:
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 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.
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.
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.
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.
We may collect, use and/or disclose information you provide through MyOSPRI generally for the purposes of:
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:
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.
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.
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.
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.
You have rights under the FTA and/or the CGA. Check the government’s consumer website for more information.
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 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.
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.
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.
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.
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