Terms and conditions for MPI portal

These Conditions of Use are Important

These terms and conditions ("Terms") explain your responsibilities and obligations relating to services and information that you use or request from us, or we provide to you, through MPI web applications ("Services"). Details of all Services currently available can be found at eatsafe.nzfsa.govt.nz.

These Terms are displayed during initial registration and again whenever they are amended. You must agree to the current version of these Terms in order to gain access to the Services.

By using the Services, you acknowledge that you have read and understood these Terms and you agree to be bound by them.

From time to time we may make available to you new services. If you wish to receive these new services you must accept any applicable terms which we will supply to you. Your access to, or use of any such new services, will be deemed to constitute your acceptance of any such terms.

Before you register for the Services you will need to be a current internet user with a browser that supports 128-bit encryption. You will only be able to use the Services that you specifically have permissions for, this will most likely be a subset of all available Services.

1. Definitions

In these Terms:

"RealMe"
means Government Logon Service, information on which is available at the following website http://www.logon.govt.nz
"including"
means including, without limitation to the generality of the surrounding words;
"Information Provider"
means a third party from whom we source information that we may provide to you as part of the Services;
"Logon"
means the combination of a username with one or more authentication keys such as a password or Security Code that is authenticated by the Government Logon Service when provided by you.
"our", "ours", "us" "we" and "MPI"
means the Ministry for Primary Industries, a stand-alone public service department;
"Security Code"
means a random single use electronic code generated by a Security Device to be used in conjunction with a Username and Password, to access the Services.
"Security Device"
means the physical device which generates a new Security Code.
"you", "your" and "yours"
means you, the user of our Services who is liable for all obligations under these Terms.

2. Applicable terms

When you use the Services, you must comply with these Terms and any other applicable terms and conditions, including the terms and conditions relating to any Services that we source from other people (for example the RealMe). You agree to pay all applicable fees and charges for the Services.

If these Terms contradict provisions in other applicable terms, these Terms will (in relation to your use of the Services) override those other terms to the extent that there is a contradiction.

3. Fees and Charges

The current fees and charges payable in respect of the Services (if any) will be notified to you and available on eatsafe.nzfsa.govt.nz.

You authorise us to debit your account for the amount of our fees and charges payable on transactions made through the Services. If at any time there are insufficient funds in your account to cover fees and charges we are authorised to overdraw your account by debiting fees and charges.

We reserve the right to charge you a fee for the issue of a Security Device or for any replacement, in the event a Security Device is either lost, stolen or damaged.

4. Changing these Terms, the Services, and fees

We reserve the right to change these Terms, the Services and fees and/or charges relating to the Services at any time. We will endeavour to give you reasonable notice of impending changes however the current version of the Terms must be agreed before you can gain access to the Services. You can access the current version of these Terms from the eatsafe.nzfsa.govt.nz website.

5. Operation of Services and any Security Device

You are responsible for ensuring that you are competent to access and operate the Services.

RealMe provides the logon management component of some of the Services. More information on the RealMe can be found online at the following web address: https://www.realme.govt.nz/what-is-realme/

Before being able to access certain Services, you will be required to have a Logon. The RealMe registration process includes agreeing to the RealMe Terms and Conditions which are available at the following web address: https://www.realme.govt.nz/terms-and-conditions/

Once registered you can then use your Logon to access our Services requiring authentication.

We may, at our sole discretion, require you to also use a Security Code generated by a Security Device to access certain Services. Further information about the RealMe Security Device is available at the following web address: https://www.realme.govt.nz/faqs/getting-realme-codes-by-token/

If you elect to use the Services you authorise us to act on your instructions when using the Services. This includes, at our sole discretion, any electronic instructions which we believe come from you by the use of your Logon. We will not be responsible or liable for acting in good faith on electronic instructions, which come from unauthorised individuals and you waive all rights and remedies against MPI in respect of any loss arising from unauthorised use of the Services and/or your Logon. We are not under a duty to verify the identity of the person(s) giving electronic instructions in your name.

You must co-operate fully with us in the event of any investigation or litigation relating to the Services or their use.

You must ensure that there are sufficient funds (or prearranged credit facilities) in your account for the purpose of conducting the Services. We shall not be liable for anything arising out of our failure to carry out any instruction due to insufficiency of funds and/or credit facilities. If we, at our sole discretion, decide to carry out the instructions regardless of an insufficiency of funds and/or credit facilities, we may do so without seeking your prior approval or giving notice to you. You will be solely responsible for the resulting overdraft thereby created and for all related debt recovery charges.

You are responsible for protecting your own computer(s) and or network from being affected by viruses or anything else likely to corrupt or compromise your data while using the Services or our website.

You agree to comply with any access procedures or security requirements or instructions published on the website or issued to you.

Personal information collected through the Services will, in compliance with the Privacy Act 1993, be used, viewed and corrected in accordance with the terms set out in our Privacy Statement.

6. Unauthorised Use or Disclosure of your Logon

We will not be responsible or liable for any loss or damage (including inconsequential loss or indirect damage) resulting from unauthorised use or disclosure of your Logon.

7. Our Response to your Requests

When you make a request in connection with the Services using your Logon, the request cannot be changed or withdrawn without our consent. Requests are binding on you as understood and acted on by us in good faith. In relation to the Services, without limiting the generality of this clause, we can:

  • decline any request where you do not have sufficient available funds in your account (or credit facilities) to satisfy the request; or
  • delay our response where we want to verify details of the transaction or your identity, or where requests are received outside our usual hours of business in New Zealand or any other applicable cut off time (in which case we will endeavour to respond to your request on the next business day).

Note: Usual business hours for the Services are deemed to be between 9:00am and 4:00pm (NZST) Monday to Friday.

You agree to ensure all information provided to us in relation to requests or transactions processed through the Services is accurate. We accept no responsibility or liability for the accuracy of the information or for failure to transmit information in the manner requested by you. You must let us know as soon as you think there has been an error or mistake and we will endeavour to rectify the error wherever possible.

8. Prohibited uses of the Services

You must not use the Services for, or in connection with, any illegal purpose or activity. You must notify us as soon as possible if you become aware that the Services are being used for, or in connection with, an illegal purpose or activity.

You must not (and must not attempt to) tamper or interfere in any way with any part of the Services (including any internet site or any software relating to us or the Services or any Security Device or Security Code).

You must not (and must not attempt to) access anything relating to the Services (including any internet site or any software relating to us or the Services) that we do not intend you to access, including anything requiring authentication other than through your Logon.

You must not (and must not attempt to) access any part of the Services that will breach the legal rights or obligations of others.

You must not (and must not attempt to) create a link to any of the pages on this website without our prior permission. If you do create a link to any of the pages on our website, you acknowledge that you are responsible for all direct or indirect consequences of the link and you indemnify us for all loss, damage, liability, cost or expense arising from or in connection to the link.

You must not (and must not attempt to) use the Services in any way that is likely to cause offence to other users, bring the Services into disrepute, or cause damage to systems or Services.

9. Confidential Information

You acknowledge that information provided by us in connection with the Services ("Confidential Information") is confidential to us and any relevant Information Provider. You must not in any way (and must not attempt to):

  • disclose (except to the extent you are required to do so by law), download (other than as reasonably required to use the Services), copy or commercially exploit any Confidential Information;
  • remove or alter any proprietary marking, including any trademark or copyright notice, in or on the Confidential Information; or
  • incorporate or combine the Confidential Information with any other information or programme.

You acknowledge that you have no (and will not acquire any) right, title or interest in or relating to the Confidential Information or any related copyright, patent, trademark, service mark, proprietary property, trade secret or exclusive work. You must not make any representation or do anything that could be taken to indicate that you have such a right, title or interest.

10. Your and Our Liability

If you have acted fraudulently, you are liable for all claims, losses and consequences arising from or in connection with your use of the Services.

If you let any other person use your Logon, you are liable for all claims, losses and consequences arising from or in connection with all transactions made using the Services by or with the consent of that person.

If you have contributed to an unauthorised transaction you may be liable for some or all of the loss resulting from the unauthorised transaction. Examples of ways you can contribute to an unauthorised transaction include failure to comply with these Terms, or the terms and conditions relating to any Services that we source from other people, or leaving your computer unattended and left logged on to the Services.

If you have not acted fraudulently or negligently but have contributed to or caused losses from unauthorised transactions, you may be liable for some or all of the actual losses occurring before notification to us.

You agree to indemnify us for any loss or damage suffered by us, our customers, or any third party or for any claim which may be brought against us by a user or third party which results from your misuse of the Services or breach of these Terms including failure by you to prevent unauthorised misuse of the Services.

If you have promptly reported an actual or possible disclosure of your Logon to us, you are not liable for loss occurring after you have notified us unless you have acted fraudulently or negligently.

You are not liable for loss caused by:

  • fraudulent or negligent conduct by our employees or agents, or parties (including any relevant Information Provider) involved in the provision of the Services;
  • faults that occur in our systems, including the systems used to provide the Services;
  • unauthorised transactions occurring before you have received or created your Logon;
  • any other transactions where it is clear that you could not have contributed to the loss.

We will endeavour to ensure that any instructions received through the Services will be processed so long as there are suitable arrangements (at our discretion) to cover applicable charges and fees. However, to the extent permitted at law, we will not be liable for any refusal or omission to follow instructions or fulfil any other obligation due to causes beyond our reasonable control (including without limitation failure of an Information Provider or other electronic, telecommunications, power or computer processing failure).

Access to and use of the Services may not be possible from time to time due to causes including systems failure or maintenance. We will use reasonable skill and care to make Service access available 24 hours a day 7 days per week, with any required downtime kept to a minimum outside of business hours (NZST). We will attempt to provide at least 10 business days notice of any downtime likely to cause inconvenience.

Whilst every care has been taken in preparing the information contained on this website, such information is provided "as is" without warranty of any kind, either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for purpose, or freedom from computer viruses or security against computer hackers is given in connection with such information.

Due to the nature of the internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission.

Electronic messages or email sent to us over the internet cannot be guaranteed to be completely secure. We are not responsible for any damages incurred by you if you send a message to us, or if we send a message to you at your request over the internet. We currently do not process all instructions received by email where the sender requires verification (at our discretion).

Any software downloaded from the website is at your own risk and we do not accept or assume liability for any loss, damage (whether direct or indirect) howsoever caused, as a result of any computer virus, 'Trojan Horses', 'worms', software 'bombs' or similar items or processes.

To the extent permitted by law, we will neither accept responsibility nor liability to you or any other person for any direct, indirect, special or consequential loss or damage of any kind arising as a result of the use of, or unavailability of, the Services or this website.

11.Termination

You may stop your use of the Services at any time. You are responsible for advising us in writing if you wish to cease access to any Service (we may request proof of identity).

We may terminate the Services at any time by giving you notice. We may suspend access to the Services without notice if you have not accessed the Services for 90 days or more.

We may suspend or cancel Services at any time without notice if we believe that the Services are being misused or you are not complying with these Terms.

12. Intellectual Property

The Crown owns the intellectual property of any Services provided by MPI, including but not limited to forms, design, layout, templates and workflow. The forms, design, layout, templates, workflow and any other components developed for any MPI Services, are subject to copyright.

13. Governing Law and Jurisdiction

The Services and these Terms are governed by and must be construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the Courts of New Zealand.