Legal notice

TERMS OF USE

Welcome to adaptil.co.nz . This website is owned and operated by Ceva Animal Health (NZ) Ltd, PO Box 201156, Auckland Airport, Auckland 2150, New Zealand.

These Terms of Use govern your access to and use of our website www.adaptil.co.nz (Website). Please read these Terms of Use carefully, and contact us at info.nz@ceva.com. if you have any questions.

Your use of our Website indicates that you have read and accepted these Terms of Use and you warrant that you have the legal capacity to accept these Terms of Use.

We are committed to protecting your privacy. By agreeing to these Terms of Use, you also agree to the terms in our privacy policy.

1. Licence

1.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Website for your personal use in accordance with these Terms of Use.

2. Our intellectual property rights

2.1 Our Website contains material which is owned by or licensed to us and is protected by New Zealand and international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website.

2.2 We own the copyright which subsists in all creative and literary works displayed on our Website.

2.3 As between you and us, we own all the intellectual property rights in our Website and nothing in these Terms of Use constitutes a transfer of the ownership of any intellectual property rights to you.

2.4 Your use of our Website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website without the express written permission of the owner.

3. Content

3.1 We allow you to post content on our Website (User Content). You are solely responsible for the User Content that you post on our Website.

3.2 When you add User Content to our Website, you:

(a) warrant that you have all necessary rights to post the User Content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way (including without limitation reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same; and

(c) consent to any act or omission by us or authorised by us which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

4. Prohibited conduct

4.1 You must not:

(a) use our Website for any activities, or post or transmit any material from our Website:

(i) unless you hold all necessary rights, licences and consents to do so;

(ii) that infringes the intellectual property or other rights of any person;

(iii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iv) that defames, harasses, threatens, menaces or offends any person;

(v) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

(vi) that would bring us, or our Website, into disrepute;

(b) use our Website to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation photographs, personal contact information or credit card details);

(d) perform any acts which would damage, interfere with or inhibit the use of our Website;

(e) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognised search engine and agents and other generally available third party web browsers;

(f) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of our Website;

(g) engage in any screen scraping or data acquisition and consolidation;

(h) alter or modify, or attempt to alter or modify, any of the code or material on our Website;

(i) cause any of the material on our Website to be framed or embedded in another website;

(j) create derivative works from the contents of our Website; or

(k) advocate, encourage or assist any third party in doing any of the foregoing.

4.2 We reserve the right to amend or delete any and all User Content and to block you from our Website if we believe that there is a violation of these Terms of Use.

5. Information

5.1 Any information made available on our Website, including any recommendations, statements and opinions contained on our Website whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.

5.2 Before acting on any Information, we recommend that you:

(a) consider whether it is appropriate for your personal circumstances;

(b) carry out your own research; and

6. Registration for a Reminder

6.1 Registering for our reminder systems requires you to enter your email address and the name of your pet.

6.2 You acknowledge that the email address you enter is your own and that you have full rights to enter it into the system.

6.3 We will hold any personal information that you submit in accordance with our privacy policy.

7. Third party links

7.1 Our Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, products or services.

7.2 If you access any third party website, service or content via our Website, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service or content.

8. Accessibility

8.1 Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website, we cannot warrant that our Website will be available at all times or at any given time.

8.2 We may, at any time and without notice, discontinue our Website, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance.

9. Disclaimer

9.1 To the maximum extent permitted by law, our Website is provided to you without warranties, express or implied, including without limitation, consumer guarantees of acceptable quality and fitness for a particular purpose. We do not warrant that:

(a) the functions contained in any material in our Website or your access to our Website will be error free;

(b) any defects on our Website will be corrected;

(c) our Website, App or server which stores and transmits material to you, are free of viruses or any other harmful components; or

(d) our Website will operate on a continuous basis or be available at any time.

9.2 You acknowledge and agree that we are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using our Website. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive or otherwise unsuited to your purpose.

9.3 To the maximum extent permitted by law:

(a) we make no representations or warranties (express or implied) in relation to the completeness, suitability or availability of any Information, images, products, services, or graphics published on our Website; and

(b) we exclude:

(i) all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use; and

(ii) all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from your use of our Website.

10. Indemnity

10.1 You indemnify us for all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:

(a) a breach of these Terms of Use by you; or

(b) any wilful, unlawful or negligent act or omission by you.

10.2 The indemnity under clause 10.1 will survive the termination of these Terms of Use.

11. Breach

11.1 If you breach these Terms of Use, notwithstanding any other rights we may have, we may, without notice to you, deactivate your account and block you from our Website.

12. Assignment

12.1 These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party.

13. Waiver

13.1 If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.

13.2 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

14. Enforceability

14.1 If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remainder of the remaining provisions.

15. Governing law

15.1 These Terms of Use are governed by and construed in accordance with the law of New Zealand and you, by agreeing to these Terms of Use, are deemed to have submitted to the non-exclusive jurisdiction of the courts of New Zealand and courts of appeal from those courts.

15.2 Our Website may be accessible from outside of New Zealand. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website.

PRIVACY POLICY

Ceva Animal Health (NZ) Ltd and its related bodies corporate (Ceva) are committed to compliance with privacy laws which apply to its businesses and which set out standards for the management of personal information. We will treat all personal information that we hold about you in accordance with the Privacy Act 1993.

This policy sets out the basis on which any personal information we collect from you, or that you provide to us, will be used by us. Please read the following carefully to understand our views and practices regarding your personal information.

1. Personal Information we collect from you

The personal information we collect and hold is what is reasonably necessary for our business functions and activities. When we collect and hold personal information, it is of the following kinds:

(a) your personal details such as your name, addresses, telephone numbers;

(b) names of your pets and details of your pets;

(d) your stated or likely preferences, for example whether you may be interested in particular products or promotions; and

(e) information collected automatically when you use our Website, such as usage details, geo-location data, IP addresses.

You generally have the option of not identifying yourself or of using a pseudonym when dealing with us. You should note that in some circumstances, using a pseudonym or remaining anonymous may mean that we cannot provide our products and services to you.

2. How we collect personal information

We collect personal information from the following sources:

(a) when you contact us in relation to a product or service you have purchased;

(b) information collected through cookies, and other tracking technologies (which may not be information which identifies you);

(c) when you provide content and other information when you use the Website, the Services or post on our social media accounts;

(d) when you:

(i) visit our Website and any other webpage that we own and manage, or when you click on our advertisements on the online media of other companies;

(ii) manage/change your customer, partner or supplier account information;

(iii) contact us by phone, email, post or via the Website;

(iv) attend onsite pilot programmes;

(v) subscribe to receive our newsletter or promotional materials or sign up to a mailing list; and/or

(vi) participate in surveys, or competitions or other promotional activities.

Ceva may also collect your personal information from third parties, provided that you have provided your consent (express or implied) for such third parties to share your personal information with Ceva. This may include (but is not limited to) the collection of your personal data from:

(a) our affiliates or related bodies corporate;

(b) our business partners (such as sales agents or the distributors of our products and services;

Personal information we hold is generally stored in computer systems. These may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.

3. Use made of Personal Information

The personal information we collect may be used in a number of ways including:

(a) to provide you with information or services that you request from us;

(b) generating bills, managing accounts and carrying out debt-recovery functions;

(c) providing customer, partner and supplier technical support and other customer/partner/supplier relationship management functions;

(d) dealing with enquiries or complaints;

(e) collecting and analysing product performance, service and reliability data in connection with our products and services;

(f) carrying out market research and product analysis and development;

(g) complying with our obligations under the law;

(h) training our staff;

(i) in any other way we may describe when you provide the information;

(j) in the event of a change of business ownership, merger, sale or other business transaction, transferring your information to a successor entity;

(k) for various communications and marketing purposes (unless you opt out of direct marketing when you provide the information or in the future); and

(l) conducting our internal business and management processes, for example accounting or auditing purposes.

Ceva will not sell, distribute, or disclose your personal information to any third parties unless we are permitted or required by law to do so. We may disclose personal information about you to:

our employees, contractors, agents, and advisors as required to supply you with your Products and associated purposes only; and
any third parties that you have asked or authorised us to share your personal information with.

Before Ceva discloses any personal information to a third party in accordance with this privacy policy, we take steps to ensure that the third party will protect your personal information in accordance with applicable privacy laws and in a manner consistent with this Privacy Policy. Third parties are required to restrict their use of this information to the purpose for which the information was provided.

We may store some information (known as a cookie) on your computer when you look at our website. We are able to read these cookies for information purposes when you revisit our website. The type of information we collect as a result of a cookie being accepted by you is specific to your PC and includes the IP address, the date and time the PC visited the website, what parts of our website were looked at and whether the web pages requested were delivered successfully. This information is anonymous; it represents the computer itself rather than the person.

4. Disclosure of Personal Information Overseas

We may transfer your personal information to overseas recipients for business purposes and operational, support and continuity purposes, for example, when we use IT service providers or data storage services which are located overseas. Countries where these recipients are located may have data protection laws which differ to the data protection laws in New Zealand.

Ceva also engages third party software service providers who, for example, provide data analysis services (but do not access personal information regarding you in providing these services). These software service providers may be located anywhere in the world.

We may provide the information to Ceva affiliate offices and companies which may be located outside New Zealand, to enable them to send you information which may be of interest to you.

In any situation where we transfer your personal information out of New Zealand, we will take reasonable steps to protect your personal information in accordance with this Privacy Policy.

5. Access and Correction to Information

5.1 Access to Personal Information

We will provide you with access to any of your personal information we hold (except in limited circumstances recognised by law). If you wish to access your personal information or have an enquiry about privacy, please contact our Privacy Officer at: [info.nz@ceva.com]

Alternatively, you can write to us at:

Ceva Animal Health (NZ) Ltd
PO Box 201156, Auckland Airport,

Auckland 2150, New Zealand Before we provide you with access to your personal information we may require some proof of identity. We may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.

5.2 Correction of personal information

If you need to correct your personal information, please contact our Privacy Officer at one of the above contact points.

6. Changes to Privacy Policy

Ceva may make amendments to this privacy policy. An amended version of the privacy policy will be posted on this page at least 2 weeks prior to the change being made.

7. Complaints

If you wish to complain about a breach of the privacy rules that bind us, you may contact our Privacy Officer at one of the above contact points. We may ask you to put your complaint in writing and to provide details about it. We may discuss your complaint with our personnel and our service providers and others as appropriate.

Our Privacy Officer will investigate the matter and attempt to resolve it in a timely way. Our Privacy Officer will inform you in writing about the outcome of the investigation. If our Privacy Officer does not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, our Privacy Officer will inform you that your complaint may be referred to the Privacy Commissioner for further investigation and will provide you with the Commissioner’s contact details.

8. More Information

More information about privacy law and privacy principles is available from the Privacy Commissioner. The Privacy Commissioner may be contacted at https://www.privacy.org.nz/about-us/contact/) (New Zealand).

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