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Terms and conditions for NZFSA web applications

These terms and conditions apply to all people (including their employer or agent) who have been granted, or are applying for, access to use an NZFSA web application.

Please read these terms and conditions carefully before you use any NZFSA web application (Application).

Access to and use of any NZFSA web application signifies both your acknowledgement and acceptance of these terms and conditions.

Any links to further information associated with these terms and conditions are of a supporting nature only and are not themselves part of these terms and conditions.

1. NZFSA web applications covered by these terms and conditions:

Application	Core purpose
Animal Products E-cert	Administration of export certificates and eligibility documents for the export supply chain for animal products
Dairy Products E-cert	Administration of export certificates for dairy products
Quota Management System (QMS)	Administration of quota certificates for dairy products
E-cert supporting applications	Any NZFSA or MAF application that interacts and/or supports an E-cert system
Residues	Recording of meat, seafood and other samples and their contaminant test results
National Microbiological Database (NMD)	Recording of meat samples and their microbiological test results

2. These terms and conditions explain:

• the correct use of an Application; including password security and cancellation of access

• your rights, responsibilities, and obligations once you are registered to use an Application.

3. Amendments to these terms and conditions

NZFSA reserves the right to change these terms and conditions at any time, without consultation or discussion with any Application user. Any amendments will be effective from the time NZFSA notifies the user of the amendment, unless otherwise stated.

You must access any Application in the ways described in these terms and conditions (including any amendments issued by NZFSA in the future).

Any amendment may be notified in one or more of the following ways:

• email to your last known email address or mail to your last known postal address

• by displaying information on the Application’s welcome page or help site

• as part of your Application login.

4. Access to an NZFSA web application

You must access any NZFSA web application in the ways described in these terms and conditions (including any amendments issued by NZFSA in the future).

Access to an Application is restricted to those users registered with NZFSA and to whom a user ID has been issued. For most users this is a personalised user ID which provides access (refer Section 5).

We will provide you with a User ID and password to enable you to access an Application. This user ID and password is provided at the sole discretion of NZFSA.

New Zealand users of Applications must be employed by a New Zealand registered company and resident in New Zealand.

Everyone with access to any Application needs to be adequately trained so they are a competent user. The employer has the responsibility of ensuring that all users are adequately trained to be competent users.

Access to an Application is provided so that you can use the Application for the purpose for which it was intended. The core purpose of each Application is outlined in Section 1. This purpose may be expanded in the future to include other uses, approved by NZFSA.

Access to an Application is provided at the sole discretion of NZFSA and can be terminated by us for any reason at any time. Reasons for termination may include, but are not limited to:

• any breach of these Terms and Conditions

• NZFSA learning of your death, bankruptcy or lack of legal capacity, or that a bankruptcy petition has been presented against you

• non-payment of an invoice for NZFSA services covered in these terms and conditions

• non-activity (exceeding twelve months) of your user ID on the Application (this does not apply to Competent Authority users)

• you have acted fraudulently in relation to the use of the Application

• you no longer reside in New Zealand

• any other grounds we consider reasonable.

If your access is to be terminated we will to notify you in advance using the contact details you have provided.

5. Your user ID and password

You are granted access to an Application in accordance with the scope of the user ID provided by NZFSA. Upon the provision of access, you may make use of the data, forms and templates contained in that Application.

Your user ID may be up to nine digits and enables NZFSA to identify you and your accounts when you access an Application.

Personalised user ID

For those people with a personalised user ID:

• you may change your password at any time. This option is available through the Application

• you are required to change this password as part of your first login to the Application.

The password you choose should be a minimum of 8 characters and include at least 1 letter and 1 number. This will be your own confidential password to access the Application and you must choose a password that is unique and not used for any other services you may use.

NZFSA can change or terminate your user ID(s) and/or password(s) at any time for any reason. If we change or terminate your access, we will notify you of this using the contact details you have provided. Depending on the reason for terminating your user ID(s) and password, we may issue you with a new user ID or password.

Where you have been issued with a personalised user ID, you must not:

• disclose your password to anyone else, including work colleagues or family

• write it down, or keep it in a file on your computer, including any password saving facility

• create or use a password that relates to any known personal information about yourself eg family, street or pet names, your birthday, or includes obvious or sequential numbers such as 54321, or repeating numbers such as 22222

• leave your computer unattended and left logged into an Application unless you have a password protected screen saver enabled and other people do not have access to that password.

The security of your user ID and password is your responsibility. To the extent permitted by law, NZFSA will not be held responsible for any claim or loss that results directly or indirectly, from any unauthorised use or misuse of your user ID and/or password, unless the loss was the direct result of a NZFSA employee's fraudulent act or omission. You must compensate NZFSA for any loss suffered by NZFSA from any wrongful use or misuse of your user ID or password.

Anyone using your user ID and password will be able to access your user account, whether or not they are authorised by you to do so. NZFSA has no obligation to take any steps to verify any instruction received from your user ID or appearing to be sent by you from an Application.

If for any reason you believe that another person knows your password, or if you discover any unauthorised use of your user ID and/or password has taken place, you must change your password immediately and notify the Application administrator in writing (which can include via e-mail).

Generic user ID

Competent Authorities may be provided with a generic E-cert user ID for use by any of their officials. For those people with a generic user ID:

• changing your password will deny access to any other people using that user ID

• please manage your user ID and password to ensure that only appropriate people have access to the Application.

6. Using a NZFSA web application

You are responsible for using, having, or obtaining a computer and software that is compatible with the use of any Application. This includes, but is not limited to, a web browser and PDF reading software (for reading documents or invoices) and e-mail. All costs or charges relating to setting up and maintaining your equipment are your responsibility.

You are under an obligation to keep confidential your login details to any Application as well as the data, forms and templates provided by that Application.

All data, forms and templates provided in any Application are provided on an ‘as is’ basis without any warranty of any kind. NZFSA will not accept liability for any direct, indirect, special or consequential damages, losses or expenses arising and relating to the use, or lack of use, of an Application.

You must not use any Application for any unlawful or illegal purposes.

You must not use or access the contents of an Application to breach the legal rights or obligations of others.

You must not upload files that are known to or are likely to contain computer viruses, corrupted files or similar software or programmes that may damage an Application or the operation of another computer or computer system.

You must advise the Application administrator in writing immediately of any information or event that you are aware of that is likely to impact on the integrity of any Application, its system, another user, or New Zealand’s credibility.

The Crown owns the intellectual property of any Application, including but not limited to forms, design, layout, templates and workflow; with this ownership vested in NZFSA. The forms, design, layout, templates, workflow and any other components (such as user administration and templates management), developed for any Application, are subject to Crown Copyright.

New Zealand user

Your company must nominate a company representative who is responsible for the distribution of any Application information within your organisation. This person will also coordinate user access; ensure all users are adequately trained to be competent users; and provide advice to NZFSA about any Application issues.

You must use any Application in a manner which is consistent with its core purpose.

Competent Authority user

You are required to use any Application in a manner which is consistent with its core purpose and international agreements.

7. Your Liability

You will be liable for all loss, including any loss suffered by third parties, if you act negligently or fraudulently, either alone or together with any other person in using the Application.

You may be liable for some or all loss arising from any unauthorised use of any Application if you have caused or contributed to that loss by, for example, failing to comply with any of these terms and conditions.

8. New Zealand Food Safety’s liability

NZFSA will not be liable for any direct or indirect loss or damage resulting from your use or inability to access any Application at any time for whatever reason. Nor will we be liable for any failure or delay in providing the service via the Internet.

The Applications are made available on an ‘as is’ basis. We will not be responsible for costs, losses or any other liabilities resulting from faults in, or a malfunction of, any equipment (including telecommunications equipment) which supports the Application service. This is regardless of whether that equipment is ours or used by us to provide these services.

An Application may provide additional functionality to accommodate the efficient transfer and re-use of data. This additional functionality does not constitute a responsibility to provide this additional functionality; nor does it indicate acceptance of any related liability arising from this additional functionality.

NZFSA does not accept responsibility or liability for the accuracy of the information you enter into any Application.

We accept no responsibility or liability for any consequential impacts, for example:

• if NZFSA is not advised of a change in e-mail address and we suspend your access for non-payment of an invoice, after reasonable but unsuccessful efforts to contact you

• if NZFSA is not advised of a person’s changed status when a person leaves your company and they continue to use an Application.

Any company, organisation or person who develops or uses software, business processes or anything else that is not part of any Application, but relies on or utilises data from (or sends data to) the Application, does so at their own risk.

9. Our commitment to you

Our commitment to you in respect to any Application:

• NZFSA will endeavour to provide a secure system with which you can carry out your Application transactions, so long as your web browser supports 128 bit encryption

• NZFSA will use reasonable care and skill to make access available to each Application during the times set out in Section 10

• scheduled downtime will be kept to a minimum and undertaken at a time of least impact, to cause as little inconvenience as possible. Where significant downtime is scheduled which will affect you, at least 10 business days notice will be provided in writing wherever possible.

• NZFSA will provide you with the ability to request new user access to an Application, or create or maintain NZFSA controlled passwords, between the hours of 9.00am and 4.00pm (New Zealand time) on business days.

• NZFSA will set up new users and provide user passwords within one business day of the appropriate documentation being provided.

10. Availability of each Application

Application	Availability
Animal Products E-cert	24/7
Dairy E-cert	24/7
Quota Management System	24/7
Residues	9am - 4pm
National Microbiological Database	9am - 4pm

Unavailability of service

Access to, and use of, an Application may not be possible from time to time. The causes may include:

• incompatibility of the Application with the computers or computerised systems through which access is sought

• a systems failure of the Application

• access denied because the Application is being repaired or upgraded.

Please take note of any on-screen notices that explain an access failure or system malfunction.

In the event of any unexplained access failure or system malfunction, please contact the Application administrator so that, if necessary, alternative access arrangements can be made.

Every organisation with access to use an Application should have a business continuity plan in place in the event that their hardware, IT system or internet connection, or the Application becomes unavailable.

11. Use of information including personal information

All information held by NZFSA is official information and may be subject to requests for information made under the Official Information Act 1982. NZFSA will consider any such request on a case by case basis taking into account and processing the request as per:

• the need to operate under a principle of availability

• any lawful grounds to withhold information from release

• the need to comply with section 161 of the Animal Products Act 1999 (relating to the disclosure of information for the purpose of ensuring product safety).

12. Charges

Where cost recovery is undertaken for an Application, NZFSA will send your billing company a monthly invoice outlining your charges. You must pay by the due date any and all charges invoiced to you for your use of the Application irrespective of whether the invoice is in dispute.

Animal Products E-cert user charges

Refer http://www.nzfsa.govt.nz/ecert/animal-products/billing/index.htm

E-cert charges do not apply to Competent Authority users granted access permissions by NZFSA.

13. Problems and Disputes

Where you have a problem or dispute regarding these terms and conditions or the use of an Application refer the issue in writing (which can include via e-mail) to the Application administrator with the following information:

• your name and applicable user ID(s)

• details of the problem or issue in dispute

• the Application you use

• the background and any relevant information related to the disputed issue

• your preferred resolution.

If a response cannot be completed in a timely manner, we will contact you with details of the likely response time and the reason for that delay.

14. Cancellation

You must advise NZFSA in a timely manner when you need to change or cease access to any Application.

You may cancel your access to any Application by contacting the Application administrator (either directly or via your company representative). You will remain responsible for any activity made on your account until your user ID is cancelled. NZFSA will confirm in writing when your user ID is cancelled.

15. User Indemnity and Acknowledgement

You agree to indemnify and protect NZFSA against all loss, costs, or damage suffered by us, our customers or a third party as a result of any breach of these terms and conditions or their use of the Application. Also for any claim or action brought against us by a customer or third party which results either from your misuse of any Application, or failure to take all reasonable steps to prevent unauthorised use of an Application.

You acknowledge that any infringement of intellectual property or copyright, including any unauthorised reproduction by you of any information contained in any Application, or any part of it, may result in legal action being taken against you.

16. Definitions of terms used

The following definitions apply to the words used in these terms and conditions, unless specifically stated otherwise.

9am - 4pm – the period from 9.00am to 4.00pm on business days (New Zealand time)

24/7 – 24 hours per day and 7 days per week, less any agreed downtime

Account – the permissions associated with an individual user ID

Application – an abbreviation for any NZFSA web application

Application administrator – The NZFSA people responsible for setting up user access for the Application. Contact details are given below.

Application	Email address	Phone
Animal Products E-cert	ecert.admin@nzfsa.govt.nz	04 894 2549
Dairy E-cert	ecert.admin@nzfsa.govt.nz	04 894 2549
Quota Management System (QMS)	ecert.admin@nzfsa.govt.nz	04 894 2549
E-cert supporting applications	ecert.admin@nzfsa.govt.nz	04 894 2549
Residues	Susan.Morris@nzfsa.govt.nz	04 894 2403
National Microbiological Database	Gail.Duncan@nzfsa.govt.nz	04 894 2620

The Application administrator for Competent Authority users is Drasko.Pavlovic@nzfsa.govt.nz

Business day – every day except Saturday and Sunday, any national public holiday, regional public holiday, and NZFSA designated holiday

Competent Authority – an organisation recognised by the World Trade Organization as a Competent Authority, for the purposes of Sanitary and Phytosanitary Agreements

Company representative – a person is appointed by the company to manage the administration of user IDs and access to an NZFSA web application. They are also the channel for any information between their organisation and NZFSA; for example advising NZFSA of any user or company issues. This person may be referred to as the company coordinator.

Downtime – the period when an Application is unavailable

E-cert – the NZFSA web application used to create and manage documents, which assist in providing Government to Government assurance that products received by an importing country meet their standards. E-cert is the shortened name for electronic certification.

NZFSA – the department of State known as the New Zealand Food Safety Authority

NZFSA web application – an electronic tool provided by NZFSA, used to carry out a range of transactions and activities via the internet. Each tool (Application) has a particular purpose. The list of Applications is outlined in Section 1 of these terms and conditions.

Password – secret authentication data that, together with a user ID, is used to gain access to an Application. A password is used to help prevent unauthorised access to and use of any Application.

User ID – an identification number issued by NZFSA that, together with a password, is used to gain access to an Application. This is generally a personalised user ID, ie issued to a specific individual for use by that individual only.

User - a person who has been granted access to use an Application, including their employer or agent

We, us or our – the New Zealand Food Safety Authority (NZFSA)

You or your – a person using any NZFSA web application, including their employer or agent.