CEP Futures Limited T/A Pet Comm

Terms & Conditions
  1. Definitions
    • “Agreement” means this contract, between Pet Comm and the Client, which the relevant parties agree consists of the entirety of the relationship between the parties, to the complete and unqualified exclusion of any other terms, promises, warranties, representations, or other agreement of any kind in respect to the Services.
    • “Application” means the software (and any upgrades from time to time, and/or any other software, web portal or documentation which enables the use of the Application, which is accessible on the Internet through the World Wide Web and which displays all Listings available) provided Pet Comm, which permits the User to access through the User’s mobile phone, handheld device or Pet Comm’s web portal.
    • “Client” means the subscriber, a third-party supplier unrelated to Pet Comm that supplies and/or provides the Client’s Listing(s). Pet Comm does not sell, supply and/or provide the Client’s Listing(s). Pet Comm only supplies the Services of online Listings.
    • “Listing” means any content (including, documentation, digital files, photographs, illustrations, artwork, transparencies, editorial matter, notes, text or other copy, or goods and services, etc.), to be supplied and/or provided by the Client to the User, as displayed by any Listing posted and accessible via Pet Comm’s Application.
    • “Pet Comm” means Cepfutures Limited T/A Pet Comm, its successors and assigns.
    • “Services” means all Services (including any advice or recommendations, or Listing displayed) provided by the use of Pet Comm’s Application by the User.
    • “Subscription Fee” means the price payable (plus any GST where applicable) for the Services as agreed between Pet Comm and the Client in accordance with clause 14 of this Agreement.
    • “User” means the individual downloading, installing or using the Application on the User’s mobile phone, handheld device or through Pet Comm’s web portal and who, under this Agreement, may be furnished by Pet Comm with Access Details that allow the use of the Application. If the User is more than one person (e.g. a partnership, company, etc.), the term User is a reference to each person jointly and severally.

 

  1. Acceptance
    • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions where the Client checks the appropriate disclosure box (as prompted), which shall be subject to amendment from time to time.
    • Notwithstanding anything in this Agreement, the Client may not:
      • modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material or Listing from Pet Comm (including code and software) without the express written approval of Pet Comm; or
      • use data mining, robots, screen shaping, or similar data gathering and extraction tools on Pet Comm for establishing, maintaining, advancing or reproducing information contained on Pet Comm on their own site or in any other publication, except with Pet Comm’s prior written consent.
    • The Client acknowledges and accepts that:
      • Pet Comm has no association or responsibility for any or all transactions of payment that may default between the User and the Client and the method of debt recovery will be at the Client’s discretion, in accordance with their terms and conditions; and
      • the Client shall be responsible for all costs of downloading, set-up, installing, accessing and use of the Services (including, but not limited to, any data charges made by the Clients network service provider).

 

  1. Errors and Omissions
    • The Client acknowledges and accepts that Pet Comm shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      • resulting from an inadvertent mistake made by Pet Comm in the formation and/or administration of this Agreement; and/or
      • contained in/omitted from any literature (hard copy and/or electronic) supplied by Pet Comm in respect of the Services.
    • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of Pet Comm; the Client shall not be entitled to treat this Agreement as repudiated nor render it invalid.

 

  1. Conditions of Use
    • The Client agrees to:
      • only use Pet Comm for the purposes of Listing and/or seeking business opportunities, and is non-transferrable, except with the express approval of Pet Comm (and any other Client concerned, if applicable); and
      • at all times to deal with Pet Comm in a manner which abides by all applicable laws of New Zealand, or any other relevant jurisdiction (including, but not limited to, privacy and copyright issues).
    • The Client agrees that:
      • all personally identifiable information is, at all times, subject to the Privacy Policy (as per clause 18); and
      • the Client is responsible for their own actions in accessing Pet Comm, or for any action done with the consent of the Client (including where clause 2 applies, unless the Client’s Access Details were mistakenly disseminated by Pet Comm).
    • The Client agrees and warrants that they shall not use Pet Comm:
      • in any manner that:
        • breaches the Privacy Policy of Pet Comm, including but not limited to, any information that might reasonably be used to identify, locate or contact (unsolicited) any person;
        • transmits chain letters, junk mail or unsolicited email of any kind;
        • exploits minors, solicits information from minors, or encourages, promotes or incites inappropriate behaviour in minors, or the use of drugs by minors, or causes the image of a minor (whosoever that minor may be) to be posted on Pet Comm;
        • constitutes, incites, solicits, or attempts to be, or conspires to be, criminal conduct in New Zealand, or in any other jurisdiction;
        • infringes any legal, equitable or moral right of any third party in any jurisdiction;
        • breaches any intellectual property right of any third party without the express consent of said third party;
        • impersonates any person whomsoever;
        • harasses any person with unwelcome behaviour or solicits money from any person;
        • deploys any robot, spider, worm or other device, to copy, retrieve, alter or reproduce the navigational structure or presentation of Pet Comm, or any other information or material stored thereon;
        • redirects, or causes to be redirected, any other Client of Pet Comm;
        • except, and only to the extent, permitted by statute, modifies, adapts, sub-licences, translates, sells, reverse engineers, deciphers, or other disassembles any part of Pet Comm.
      • they shall not operate multiple accounts without the express prior written approval of Pet Comm.
    • Pet Comm may remove and refuse to post, at their sole discretion (and irrespective of the subjective opinion of the Client), any Listing that is in breach of this Agreement, or that (in the sole opinion of Pet Comm) is determined may bring Pet Comm into disrepute. Pet Comm will not be liable to the Client for any loss or damage the Client suffers because Pet Comm has exercised its rights under this clause.

 

  1. Client’s Acknowledgements & Responsibilities
    • The Client acknowledges and accepts that:
      • as soon as reasonably practicable following the signing of the Subscription Agreement, the Client will provide Pet Comm with the Listing details;
      • return of a defective goods or nonconforming items in or a part of any Listing will be accepted at all times subject to the Client’s return policies and in accordance with the Competition and Consumer Act 2010; and
      • will not impose a more restrictive return policy on the User than the Client’s regular return policy as applied to the Client’s purchaser in the ordinary course of the Client’s business.
    • The Client agrees that Pet Comm may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Services which Pet Comm has created for the Client.

 

  1. Limitation of Liability
    • Due to the inherent nature of websites in general, Pet Comm cannot guarantee uninterrupted or continuous availability of Pet Comm, or the Listing, and the Client accepts that Pet Comm may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, Pet Comm shall provide the Client with advanced warning of the same. Pet Comm shall accept no liability in relation to Pet Comm’s downtime, whether scheduled or otherwise.
    • Pet Comm makes no representations, statements, conditions or agreements, unless expressed by the Director of Pet Comm in writing, concerning the Listing that is posted or available via Pet Comm’s website, nor is Pet Comm bound by such.
    • The Client acknowledges and accepts that Pet Comm may, in their absolute discretion, replace or amend the Listing to better reflect the going concern (etc.), and may alter the location of such a Listing via the Application.
    • Pet Comm makes no guarantee that:
      • Pet Comm (and Listings) will be accessible on all occasions; or
      • where Pet Comm provides links to outside resources, that the URL location of such resources are maintained, and remain accessible to any Client of Pet Comm.

Therefore, the Client indemnifies Pet Comm against any and all claims for any loss or expense incurred by the Client, and/or any refund on any Subscription Fee, due to lack of functionality.

  • Pet Comm acts only as a medium through which the Client places a Listing and/or seeks business opportunities. Whilst Pet Comm shall make all effort to ensure the reliability of the Application (including Listing and/or Services), Pet Comm disclaims any liability whatsoever for any loss and/or damage caused by the Client’s utilisation of, or reliance on, Pet Comm (including any decision made, or action taken by the Client in reliance upon any such information contained on, or omitted by Pet Comm, and whatsoever Listing and/or material is contained thereon), including, but not limited to, any representations made by Pet Comm, or servants of Pet Comm, concerning the Listing, Pet Comm and/or Services provided.
  • Any Listing and/or goods posted via the Application do not represent the views of Pet Comm, and is not endorsed by Pet Comm. This clause extends to cover any claims in connection with any actual, or anticipated, use and enjoyment the Application, and any inability to use and enjoy Pet Comm’s Application.
  • Any liability whatsoever, howsoever incurred, in any form of action on the part of Pet Comm, shall be limited, subject to the maximum extent possible on a reasonably arguable view of the law, to the value of the consideration provided by Pet Comm.
  • The Client indemnifies, and will keep indemnified, Pet Comm against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Pet Comm in connection with:
    • any breach of these terms and conditions by the Client;
    • any negligent act or omission by the Client;
    • the Listing, or proposed Listing, of any content provided by the Client via the Application; and
    • an actual or alleged breach of any law, legislation, regulation, by-law, ordinance or code of conduct by Pet Comm which occurs as a consequence of the Listing displayed via the Application.
  • Pet Comm cannot, and does not, guarantee or warrant the Application will be free from infection, viruses, worms, Trojans or other code that manifest contaminating or destructive properties. The Client shall be responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to Pet Comm for the reconstruction of any lost data.
  • Pet Comm does not guarantee the continued availability of any particular Listing, displayed via the Application, and shall not be liable to the Client (or any other party) should the Listing expire at any time prior to removal or deletion of the same.

 

 

 

  1. Compliance
    • It is the Client’s responsibility to ensure that any goods or services supplied by them pursuant to this Agreement complies with all the laws and regulations in New Zealand (including without limitation to those relating to product safety). The Client agrees to promptly provide valid, correct and complete evidence of compliance to Pet Comm as and when requested by Pet Comm.
    • The Client agrees to indemnify Pet Comm against all costs, losses, damages and expenses incurred by Pet Comm arising out of or in connection with a breach of the warranty in clause 1 any fault or defect in goods or services provided by the Client to the end User pursuant to this Agreement, and any product recalls, including (without limitation) the cost of any refunds provided to the end User, damage to property, and death and personal injury.

 

  1. Intellectual Property
    • Pet Comm shall retain all legal and equitable rights in the Services, and all material (including any trademarks) posted on the Application by Pet Comm, irrespective of origin, unless otherwise agreed.
    • The Client may not reproduce, copy, transmit, publish, edit, upload, or deal with, in any way whatsoever, any material posted by Pet Comm (or other Client) via the Application, unless by the express prior written permission of Pet Comm.
    • The Client warrants that they shall not use the Application in any manner that infringes the copyright, or any other intellectual property, of any other person or entity, and agrees to indemnify Pet Comm against any action taken by a third party against Pet Comm in respect of any such infringement.

 

  1. Termination
    • Without prejudice to any other remedies Pet Comm may have:
      • if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions, Pet Comm shall be entitled to suspend or terminate the Client’s access to the Application. Pet Comm will not be liable to the Client for any loss or damage the Client suffers because Pet Comm has exercised its rights under this clause; and
      • notwithstanding anything else in this Agreement, Pet Comm unreservedly maintains the right, exclusive of procedural fairness, to suspend or terminate the Client’s access to the Application (and/or remove any Listing), in the subjective opinion of Pet Comm, the decision to do so is in the best interests of Pet Comm or other clients of Pet Comm.
    • Pet Comm can terminate the Client Subscription at any time upon written notice. However, the Client will not be entitled to a refund of any Subscription charges already paid to Pet Comm.
    • Where the Client wishes to terminate their Subscription, this may be done at any time by clicking the cancel Subscription button on the Application. From the moment of termination, the Client won’t be charged for the Client’s subscription anymore; however, the Client will be liable for any applicable charges up to the actual date of termination on a pro-rata basis (including any outstanding amounts from the current or previous months).

 

  1. Advertisers and Linked Sites
    • The display via the Application of any Client, or the provision of a link to third-party websites, does not constitute Pet Comm’s endorsement of either the Client or third-party provider, or any of their website content or business practices. As Pet Comm does not have any control of the content of any third-party websites, access to such websites is at the Client’s sole risk and it is recommended that the Client thoroughly review the terms and conditions of use and the privacy policies of any third-party website immediately before accessing such a site.
    • Pet Comm shall accept no liability in regards to any dealings, promotions or activities between the Client and the end User, or third-party providers.

 

  1. Complaints Process
    • Any complaint made regarding a Listing (or another Client) shall be investigated by Pet Comm, who may:
      • contact the Client (or another Client), who is the subject of the complaint. Pet Comm will not disclose the identity of the complainer;
      • where the complaint is formally made in writing and is substantiated by evidence capable of sustaining the complaint, require an explanation by the Client (or another Client) in question, which may be communicated to the complainer if it is deemed by Pet Comm to be reasonably necessary to do so; and
      • at their sole discretion, suspend or cancel any access to Pet Comm (or any the Services), where it is upheld that there has been a breach of these Terms and Conditions by the Client (or any other Client).

 

  1. Jurisdiction
    • The Application (excluding any linked third-party sites) is controlled by Pet Comm from their principal business premises in New Zealand. The Client agrees that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or the Client’s use of the Application.
    • The Client further acknowledges and agrees that the filing of a claim against Pet Comm (if any) must be made in accordance with the exclusive jurisdiction of the Canterbury Courts of New Zealand and that any legal proceedings will be conducted in the English language.
    • Pet Comm makes no representation that Services offered and/or any Listing displayed via the Application is appropriate, available or suitable for use in countries outside of New Zealand and accessing and/or utilising the Application which is illegal in your country of domicile is strictly prohibited.

 

  1. General
    • The failure by Pet Comm to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Pet Comm’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • Subject to clause 9, Pet Comm shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Pet Comm of these Terms and Conditions, (alternatively Pet Comm’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
    • Pet Comm may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
    • These Terms and Conditions may only be modified by a written amendment signed by an authorised executive of Pet Comm, or by the posting of a revised version of Terms and Conditions on Pet Comm website. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Application will be governed by the laws of New Zealand, excluding its conflict of law provisions.
    • Pet Comm reserves the right at all times, without the need to have to provide any notice to the Client, to alter the functionality and/or appearance of the Application, including but not limited to, any Listing displayed by Pet Comm and/or as such Listing is represented on mobile communication devices.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
    • If the Client is acquiring access to Pet Comm for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the agreement between the Client and Pet Comm.
    • The Client and Pet Comm warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent, and that this Agreement creates binding and valid legal obligations on them.
    • Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the CGA or the FTA of New Zealand (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

 

 

Terms and Conditions for a Listing via Pet Comm’s Application

 

  1. Subscription and Payment
    • In subscribing for the use of the Services, the Client is required to pay the Subscription Fee for the on-going use of the Services (e.g. a Listing via the Application), the amount of which is stipulated, and which shall be due and payable, as per Pet Comm’s Subscription Agreement. Pet Comm may adjust the Subscription Fee (as per clause 3) upon providing one (1) month’s written notice to the Client. The Subscription shall continue on a month by month basis, unless terminated by way of the Client providing Pet Comm with one (1) month’s written notification prior to expiration of the then current month. Following receipt of notice and/or request via the Application from the Client, the Subscription shall terminate at the end of the then current monthly term. The Client must pay to Pet Comm the remaining Subscription Fees which would otherwise have been payable to Pet Comm during the current Subscription term, in accordance with clause 9.
    • At Pet Comm’s sole discretion the Subscription Fee (subject to clause 3) shall be as indicated on:
      • any invoice provided by Pet Comm to the Client; or
      • Pet Comm’s Subscription Agreement.
    • Pet Comm reserves the right to change the Subscription Fee for any variation by the Client of the original Listing (including, copy, specifications, instructions and/or content), or by the Listing being (in Pet Comm’s opinion) poorly prepared, or the Client’s requirements being different from those originally submitted or described.
    • Time for payment being of the essence, the Subscription Fee will be payable by the Client on the date/s determined by Pet Comm, which may be:
      • charges are a monthly subscription (billed on the twentieth (20th) day of each month, with the first month billable being charged on a pro-rata basis) which will be payable in advance by direct debit from the Client’s nominated credit card (through a secure server using SSL (secure sockets layer) encryption technology); and
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Pet Comm.
    • Payment may be made by electronic banking, credit card (plus a surcharge may apply per transaction), or by any other method as agreed to between the Client and Pet Comm.
    • Unless otherwise stated the Subscription Fee does not include GST. In addition to the Subscription Fee the Client must pay to Pet Comm an amount equal to any GST Pet Comm must pay for any provision of Services by Pet Comm under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Subscription Fee. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Subscription Fee except where they are expressly included in the Subscription Fee.
    • Receipt by Pet Comm of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • Where the Client is acting on behalf of any third-party (and that third-party is intended to be responsible for the payment of the Subscription Fee), then the Client:
      • warrants and declares that they are a duly authorised representative of such third-party, and have the full authority to contract with Pet Comm for the provision of Services on the Client’s behalf, and such authority shall continue until the Agreement is terminated (as per clause 9) or the intended third-party otherwise notifies Pet Comm in writing that the said Client is no longer their duly authorised representative;
      • acknowledges that they shall be liable for the payment of the Subscription Fee as if they had contracted the Services on their own behalf in the event that the third-party does not pay the Subscription Fee when due.

 

 

  1. Default and Consequences
    • Where the Client defaults in payment of the Subscription Fee (of any part thereof), Pet Comm shall suspend the Services by deactivating Access Details previously supplied to the Client for the purpose of accessing Pet Comm and/or removing/deleting any Listing.
    • Pet Comm shall not be liable, and shall make no allowance, whatsoever where the Client fails to utilise Pet Comm for any reason, unless Pet Comm confirms special prior arrangements in writing. In the event the Client is unable to access Pet Comm, the Client must notify Pet Comm immediately. Furthermore, Pet Comm shall not issue a refund on any Subscription Fee, unless the Client is granted such right under any applicable New Zealand legislation.
    • Interest on any overdue Subscription Fees shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Pet Comm’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Client owes Pet Comm any money the Client shall indemnify Pet Comm from and against all costs and disbursements incurred by Pet Comm in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Pet Comm’s collection agency costs, and bank dishonour fees).
    • Without prejudice to Pet Comm’s other remedies at law, Pet Comm shall be entitled to cancel all or any part of the Services provided to the Client and all amounts owing to Pet Comm shall, whether or not due for payment, become immediately payable if:
      • any money payable to Pet Comm becomes overdue, or in Pet Comm’s opinion the Client will be unable to make a payment when it falls due;
      • the Client has exceeded any applicable credit limit provided by Pet Comm;
      • the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

  1. Change in Control
    • The Client shall give Pet Comm not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by Pet Comm as a result of the Client’s failure to comply with this clause.

 

  1. Confidentiality
    • The Client is responsible for maintaining the confidentiality of the Access Details furnished by Pet Comm to the Client. Furthermore, the Client agrees that Pet Comm shall be in no way liable whatsoever for any unauthorised use of the Services.
    • The Client warrants that they shall take all reasonable steps to maintain the confidentiality of the Access Details, and shall notify Pet Comm immediately when the Client, or a reasonable person in the position of the Client, has reason to believe that there has been unauthorised use of such Access Details.
    • The Client acknowledges that where it is determined by Pet Comm (at their sole discretion) that any unauthorised third party has accessed Pet Comm through the Client’s Access Details, Pet Comm reserves the right to restrict the Client’s access to Pet Comm pending resolution of such.

 

  1. Privacy Policy
    • All emails, documents, images, or other recorded information held or used by Pet Comm is “Personal Information” as defined and referred to in clause 6 and therefore considered confidential. Pet Comm acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines and as set out in the Act and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Pet Comm acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Pet Comm that may result in serious harm to the Client, Pet Comm will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
    • By entering into an Agreement with Pet Comm, the Client agrees that Personal Information provided may be used and retained by Pet Comm, and:
      • shall be stored on secure systems, safeguarded by physical, technical (firewalls, SSL encryptions, etc.) and procedural methods;
      • testimonials, complaints and other feedback stored indefinitely;
      • all requests and enquiries regarding Personal Information held by Pet Comm can be made at admin@petcomm.co.nz; and
      • such Personal Information shall be used by Pet Comm for the following purposes (and for other purposes as shall be agreed between the Client and Pet Comm, or required by law from time to time):
        • the provision of Services (including, but not limited to, the management of Pet Comm, communicating with the Client (or any other Client), record any complaint); and/or
        • the marketing of Services by Pet Comm, its agents or distributors; and/or
        • analysing, verifying and/or checking credit, payment and/or status in relation to the provision of Services; and/or
        • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
        • enabling the daily operation of the Client’s account and/or the collection of amounts outstanding in that account in relation to the Services; and/or
        • to collate data for business development purposes, and to improve/customise Services provided by Pet Comm.
      • Personal Information held by Pet Comm may be released and/or exchanged to entities other than the Client, specifically:
        • a credit reporting agency; for Pet Comm to obtain a credit report containing personal credit information and/or a criminal report check about the Client in relation to credit provided by Pet Comm;
        • credit providers, either named as trade referees by the Client, or named in a consumer credit report issued by a credit reporting agency, for the following purposes:
          • to assess any application; and/or
          • to notify other credit providers of any default made; and/or
          • to exchange information with other credit providers as to the status of any credit account, where in default with other credit providers; and/or
          • to assess creditworthiness.
        • third parties authorised by the Client (or any other Client) to receive information;
        • other third parties, required by law, including (where under warrant) law enforcement agencies.
      • The Client understands that the Personal Information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 2020.
      • Pet Comm may give Personal Information about the Client to a credit reporting agency for the following purposes:
        • to obtain a consumer credit report;
        • allow the credit reporting agency to create or maintain credit information files.
      • The Personal Information for actual, or anticipated collection and/or exchange by Pet Comm includes:
        • personal particulars (name, sex, address, previous addresses, primary contact email address, date of birth, nationality, name of employer, driver’s licence number, sporting affiliations and other interests);
        • any correspondence involving the use of Pet Comm (emails, posts, comments or opinions, feedback, etc.);
        • other personal information provided through competitions, surveys or other activities;
        • non-personally identifiable information (IP address, technical information on your browser, device and operating systems, date and time of visits to Pet Comm, clicks and activity on Pet Comm, any referral pages/sites visited, etc.);
        • details concerning an application for credit or commercial credit and the amount requested;
        • advice that Pet Comm is a current credit provider;
        • advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
        • overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
        • information that, in the opinion of Pet Comm, a serious credit infringement has been committed (that is, fraudulently or shown an intention not to comply with credit obligations);
        • credit provided by Pet Comm that has been paid or otherwise discharged.
      • The Client acknowledges and accepts that Personal Information held by Pet Comm shall be accessed by employees and sub-contractors or Pet Comm under the following restrictions:
        • the Personal Information shall only be used for the purpose of performing the duties set by Pet Comm;
        • any required contact shall be made via email, at no cost or inconvenience, to the Client;
        • where (b) applies, the employee or sub-contractor will identify themselves as a representative of Pet Comm.
      • The Client shall have the right to request Pet Comm for a copy of the information retained by Pet Comm about the Client, and the right to request Pet Comm to correct any incorrect Personal Information.
      • The Client acknowledges that Pet Comm uses a technology called cookies (a small element of data that Pet Comm may send to your computer) that may be used to provide the Client with specific information for the purpose of Pet Comm’s tracking site usage and traffic. These cookies do not read the Client’s hard drive but may be stored on the hard drive to enable Pet Comm to recognise the Client upon return to the same.
      • The Client can make a privacy complaint by contacting Pet Comm via e-mail. Pet Comm will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.
      • The Client/User may request to be removed from any mailing list of Pet Comm, and Pet Comm will comply with such request.