Terms & Conditions

1. Definitions

“Data Zoo” means Data Zoo Limited of Textile Center, Level 3, 1 Kenwyn Street, Parnell, Auckland 1142 (Company Registration No: 3287828);
“Information” means data or information, which is made available on the Systems in response to a search conducted by You or actioned by you;

“Systems” means the service performed by Data Zoo from the products as listed on the Data Zoo website under “Data Zoo solutions” and any products associated with them, such as FindU, IDU, TraceU and MV Chk.

“Service” means the Systems used by Data Zoo

“You” means you as the user of the Data Zoo Service and “Your” or “Yours” shall be interpreted accordingly. It also includes, but not limited to, its employees or agents.

2. Agreement

Access to the Data Zoo Systems is subject to the Terms and Conditions set out below. By using the Data Zoo service You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions please do not use or access any of the Data Zoo Systems.

Data Zoo reserves the right to amend or change any of these Terms and Conditions. Access to the Data Zoo Systems shall apply to the current Terms and Conditions as published on our website or logon screen.

3. Confidentiality

The service provided by Data Zoo including the programs, Systems, Information, data documents, policies and any communication (Confidential Information) to You about our Data Zoo services are confidential. You are not entitled to disclose, sell, assign, lease or otherwise dispose of the Confidential Information to a third party that is not associated with your terms of access to Data Zoo Systems.

Data Zoo or any of its associated entities is the owner of the intellectual property rights including trademarks associated with Data Zoo’s Systems.

4. Access

Data Zoo reserves the right to amend or change any or all the Information provided in its Systems. If a data source is removed Data Zoo will use its best endeavours to replace this dataset where possible.

You agree to maintain adequate security safeguards to prevent access to the Data Zoo Systems and Information by any unauthorised person at all times. You are responsible for any unauthorised access and as such could breach the Terms and Conditions of access. If you believe at any time that your access been compromised then you must contact Data Zoo immediately.

The use of the Information by You shall be limited to the ordinary course of Your business activities. The Data Zoo Systems are not available to You or any third party for personal use. There are no exceptions. Any breach in this condition will result in immediate termination of the Data Zoo service and could result in legal action.

You agree to be bound by the Data Zoo privacy policy as displayed in the Systems logon page and website. If you have any questions please contact our Privacy Manager.

Access to the Systems will be monitored by an IP log for security reasons. If You do not wish Your IP address to be logged then You should not use the Systems.

5. Disclaimer

The Service is provided on an ‘as is’ basis. Whilst Data Zoo will use all reasonable endeavours to ensure accuracy of Information, Data Zoo:

1. Does not warrant or guarantee the accuracy or reliability of the data supplied through the Data Zoo Systems;

2. Disclaims all or any warranties, expressed or implied, relating to the Systems, including in particular any warranties of merchantability or fitness for a particular purpose or to achieve a particular result;

3. and its data suppliers will not be liable to You under any circumstances whatsoever for any direct, indirect, consequential, punitive or special damages arising from Your use of the Service or from any errors or inaccuracy in the Information;

4. Reserves the right, at its discretion and without liability to You, from time to time to make changes to the Information, to alter the nature of the Systems, and to withdraw any or all parts of the Systems;

5. Hereby limits its financial liability to You for any breach of these Terms and Conditions (except for any matter for which it would be illegal for a party to exclude liability) to the subscription fees received by Data Zoo from You in the three months preceding any claim;

6. Does not warrant that the Data Zoo Service will be free from interruption.

You are therefore advised to check any information provided to You through the Systems as any reliance that You place on the accuracy of that Information is at Your own risk.

6. Indemnity

You hereby indemnify Data Zoo and its data providers against any demands or claims including expenses suffered by Data Zoo or its data providers from any breach by You of these Terms and Conditions or any unlawful use of the Systems or Information by You.

7. Packages

Access to the Systems is via a (1) Pre-purchased credits or (2) Monthly contracts (3) Batch process.

(1) If You pre purchase a credit package Your available credits will be reduced each time You conduct a search. Once You have used all of Your credits You must purchase additional credits to continue using the System.

Credits used are on a monthly subscription and expire at the end of each month unless varied in writing.

Credits are non refundable and non transferable. Any used credits will be forfeited.

(2) If You purchase a contract package Your credits will increase each time You conduct a search. At the end of each month you will be charged for the credits used. An invoice will be raised for the credits used. Payment of this invoice is due at the end of the month the invoice is raised.

(3) A batch process is where You process or get Data Zoo to process customer information on Your behalf through our Systems. You will be quoted on the cost and when accepted and processed you will be invoiced. The payment terms are 30 days from the date that the invoice was issued.

8. Restrictions on Use of the Data Zoo Systems

You may not collate, sell, rent, lease, publish or display the Data Zoo Systems to any third parties. You may not integrate the Data Zoo Systems into another intranet, extranet or any other service. You may not use automated scripts, software, spiders or any other automated means to perform searches on the Systems. Any attempt to extract or download significant amounts of Information from the Data Zoo Systems or to compile a database from Information obtained from the Service is strictly forbidden.

You may not copy, adapt, vary, disassemble, decompile or reverse engineer the Data Zoo service or Information provided to You from the Data Zoo Systems provided for any other use by You or anyone else.

You are only entitled to use Information in fair, lawful and responsible ways and Information may not be used in any malicious, illegal or anti-social activity.

You agree that in relation to all Information derived from the Data Zoo Systems You will comply with all applicable laws.
You are warned that obtaining Information from the Data Zoo Systems with the intention of using it for purposes other than allowed for in these Terms and Conditions may be an offence under the allowable use of the data and You should be prepared to justify Your use of the Data Zoo service to the relevant authorities.

You agree that if any complaint is made which relates to Your use of Systems You will assist Data Zoo, its data suppliers, or the relevant authorities in investigating the complaint and You shall take such steps as are reasonably necessary to remedy the complaint as soon as possible. Data Zoo and or the its Data Suppliers reserve the right of audit for transaction made to Data Zoo.

9. Restrictions on certain databases

Access to the databases listed below is only under the strict conditions as outlined. If you have any doubt you must not use them and contact Data Zoo immediately.

Where the customer has given written or electronic verification that such a search is allowable.

MOTOR VEHICLE – provided by NZTA
Where the customer has given written or electronic verification that such a search is allowable.

MOTOCHEK – provided by NZTA
To allow credit providers to verify information provided by the customer where consent to obtain this information has been given by the person to whom it relates to.

To check or confirm details where You have an existing security interest in the relevant motor vehicle.

To assist in the recovery of debts where You have been engaged as an agent by the person who has a security interest in the relevant motor vehicle.

The DIA confirmation service is only available where the customer has given written or electronic verification that such a search is allowable.

CREDIT BUREAU – provide by Centrix
The Credit Reporting Privacy Code stipulates access to credit reporting data services on an individual is available for the purpose of enforcement of a debt owed by the individual concerned. In this case, authorisation of the individual is not required.

10. Suspension of the Data Zoo service

Data Zoo will terminate or put Your Access to the Data Zoo Systems on hold if it believes You have breached the Terms and Conditions. If Your service is terminated you will forfeit any unused credits.

Data Zoo reserve the right to suspend Your account without notice if:

1. You have supplied Data Zoo with a false email address or false personal data or

2. Where it comes to Data Zoo’s attention that Information obtained from the service is being used in an inappropriate way.

3. If you have breached these Terms and Conditions