Terms and Conditions


Welcome to the NZimed website.

It is important that you read the following terms and conditions carefully because, by using this website and its forms, you will be deemed to have accepted these terms and conditions.

1. DEFINITIONS

Unless the context otherwise requires, these terms shall have the following meanings:

‘Agreement’ – These terms and conditions as varied by us from time to time and displayed on this Website.

 ‘Applicant’ – A person applying to Immigration New Zealand for a visa or permit, and registering to submit an online medical certificate through this Website.

‘Certificate’ – A medical certificate submitted to Immigration New Zealand as part of an application for a visa or permit.

‘Electronic Forms’ – The forms used to create the online medical certificate, as amended, added to or deleted from time to time.

‘Fee’ – The fee charged for the use of the Website and electronic submission to Immigration New Zealand, as amended from time to time. 

‘GST’ – Goods and services tax under the Goods and Services Tax Act 1985.

‘Health Information’ – Data, records, analysis and other information regarding your health.

‘Health Practitioner’ – A person within the meaning of the term as defined in section 5 of the Health Practitioners Competence Assurance Act 2003.

‘Immigration New Zealand’ – The division of the New Zealand Department of Labour principally responsible for, amongst other things, processing applications from immigrants and intending immigrants to New Zealand.

‘Immigration Adviser’ – A person, either registered or not, who provides advice or immigration services on behalf of an Applicant.

‘Intellectual Property’ – All intellectual property rights with respect to the Website, the Electronic Forms, the software and technology used to provide the Services, all trade names, brands, logos, trade marks and all trade names, brands, logos and trade marks of Immigration New Zealand.

‘Medical Centre’ – A clinic at which a Medical Examiner (or several Medical Examiners) and their representatives or support staff work who provide Health Information on behalf of an Applicant. 

 ‘Medical Examiner’ – Either a Health Practitioner or a Panel Doctor who provides Health Information on behalf of an Applicant.

‘Panel Doctor’– A medical doctor or other health professional who is normally resident outside New Zealand and who has been approved by Immigration New Zealand to provide Health Information.

‘Radiologist/ Radiographer’ – A radiologist or radiographer registered to provide chest x-rays and radiologist reports on behalf of an Applicant.

‘Security Information’ – User id, password and secret information provided by you for secure use of this Website.

‘Services’ – The services provided through this Website, including providing the Electronic Forms, and transmitting those Electronic Forms containing Health Information to Immigration New Zealand.

‘User’ – An Applicant, Medical Examiner, Medical Centre representative, Radiologist or any other person registered to access the Electronic Forms or use the technology provided through this Website.

‘Website’ – The website on which the online medical submission technology and Electronic Forms are hosted, www.nzimed.co.nz.

‘We’ or ‘Us’ – Refer to NZimmigrationmedicals Ltd and its associated companies, Princeps Holdings Ltd and Princeps Developments Ltd, who together provide the Intellectual Property, Electronic Forms, Services, Website and technology, under an agreement separating out ownership and rights for each.

2. OUR COMMITMENT

2.1 We will provide the Services with reasonable care and skill and within a reasonable time unless expressly advised otherwise.

2.2 However, we do not represent or warrant that any Service provided will:

  (a) operate on a fault-free or continuous basis or within any particular timeframe; or

  (b) be free of viruses or other harmful features;

and, in using the Services, the Applicant acknowledges that Immigration New Zealand reserves the right not to accept any Electronic Form it receives electronically if that Electronic Form has been partially or incorrectly completed or in any other way fails to meet their criteria for acceptance.

2.3 We undertake to comply with the New Zealand Privacy Act 1993 and otherwise to use our best endeavours to keep all Health Information secure against unauthorized access, loss, disclosure or destruction.

2.4 We will use all reasonable endeavours to restore this Website as quickly as possible if, for any reason as a result of our actions, it is unavailable.

2.5 Although we will do our best to keep this Website and the Electronic Forms up-to-date and accurate, we do not represent or warrant that all information or forms displayed on this Website are up-to-date or accurate at all times.


3. USER RESPONSIBILITIES

3.1 When using this Website and the Electronic Forms, all Users agree to:

  (a) comply with this Agreement;

  (b) ensure that all information entered is current, complete, accurate and is provided promptly;

  (c) ensure that all Security Information is at all times kept confidential and is not disclosed to any third parties;

  (d) if the User is an Applicant, ensure that all information provided to the Medical Examiner or representative is truthful and, to the best of his or her knowledge, accurate and complete.

3.2 The Website and the Electronic Forms may only be used to register for the Services, to enter and review Health Information for the purposes of generating a Certificate, and to transmit this information to Immigration New Zealand.

3.3 By agreeing to this agreement and using the website, the Applicant authorizes us and Immigration New Zealand to contact any of his or her Medical Examiners or representatives via the online site or through system generated emails in order to notify of the status of the Certificate or to verify or complete any Health Information or Electronic Form submitted on behalf of the Applicant.  These system generated emails may contain personal information and the type of visa as a reference for the Certificate for which the Applicant is applying.

3.4 The Website or the Electronic Forms may not be used:

  (a) in any way which breaches any statutory or legislative provision;

  (b) in any way which will or may damage or disrupt the Website, the Electronic Forms or the Services;

  (c) for sending objectionable language, or to abuse, threaten or defame;

  (d) for introducing any computer viruses, worms, Trojan horses or any other harmful or destructive items;

  (e) to use a false identity for the purposes of misleading others as to the identity of the sender or the origin of any message.

3.5 All Users agree to notify us immediately upon becoming aware of any actual or possible unauthorized use of the Security Information, Services or Electronic Forms.


4. PAYMENT

4.1 Medical Centres and Immigration Advisers will be billed monthly for the use of the Electronic Forms and Services, on the terms and amounts as agreed with us.  Payment is due the 20^th of the month following invoice.

4.2 Fees will be calculated either on a standard monthly fee for use or by the number of Certificates created in the system and linked to a particular Medical Centre or Immigration Adviser, depending on the agreement.

4.3 All Users agree that we may discontinue or withhold the Services if, for any reason, we do not receive the Fee associated with processing any Certificate.

4.4 We reserve the right to discontinue or withhold access to the Services if the levels of use of the Services fall below a threshold, to be determined at our sole discretion.


5. REFUND POLICY

5.1 No refund of the Fee will be made for any reason. However, we reserve the discretion to make a refund of the Fee for any circumstance which, in our sole opinion, we consider is exceptional and results in Users being materially prejudiced through no fault of the User.


6. INTELLECTUAL PROPERTY

6.1 Princeps Developments and associated companies either own or otherwise have the right to use the Intellectual Property and all Users agree and acknowledge that they will not assert any claim or right to or interest in the Intellectual Property other than in relation to those rights which are expressly provided in this Agreement.

6.2 All Users agree not to copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any other means) or use the Intellectual Property without our prior written consent, unless that copying, reproduction or use is requires for the purpose of using the Website, the Electronic Forms or the Services in the manner in which they are intended to be used.


7. DISCLAIMERS

7.1 Without limiting clause 8, we disclaim any liability in relation to:

  (a) the content of any third party website which may be linked to this Website at any time. The links that we provide in this Website are for the convenience of Users only and we do not necessarily endorse the content of those websites;

  (b) any harm, damage or cost you suffer from a computer virus or other manipulating programme which infiltrates a User’s computer software whether it was transmitted through the Website or Services or otherwise;

  (c) any act or omission of any third party, including Immigration New Zealand or Users, in providing or dealing with Health Information or Certificates;

  (d) the content of any communication which a User sends or receives using the Electronic Forms or this Website;

  (e) any corruption or loss of Health Information or other content which a User or anyone else may experience as a result of using this Website or the Services.


8. OUR LIABILITY

8.1 We (including our employees, officers and agents) will not be liable, whether in contract, tort or otherwise, to any User or to any third party claiming through a User for any direct, indirect or consequential damage, loss, cost or expense including loss of profits, loss of data or revenue, loss of used or wasted expenditure arising from the use of this Website, the Electronic Forms or the Services.

8.2 If, notwithstanding clause 8.1, a court of competent jurisdiction holds us (or any of our employees, officers or agents) liable in respect of any matter arising under or incidental to this Agreement, that liability will be limited to the amount of Fees and other payments made by a User to us in the six month period immediately preceding the date on which the event causing a User’s loss occurred.

8.3 All Users agree to indemnify and hold us harmless for and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of a User’s Security Information by a User or authorised by a User.


9. VARIATION

9.1 We may change the terms and conditions of this Agreement, including the Fee, at any time for one or more of the following reasons:

  (a) to reflect a change or an expected change in Immigration New Zealand requirements, general good practice or the cost of providing our services to our customers;

  (b) to conform with or anticipate any changes in the law, any codes of practice or a regulatory body;

  (c) to ensure that our business is run prudently and remains competitive;

  (d) to take account of a ruling by a court, ombudsman, regulator or similar body;

  (e) to make the terms and conditions fairer or clearer for a User;

  (f) to rectify any mistake that might be discovered in due course.

9.2 We will give a User reasonable notice by email or notice on our website of any material change in fees or service levels in these terms and conditions. We strongly recommend that a User regularly check the website at www.nzimed.co.nz/Register for the most recent terms and conditions.


10. TERMINATION OR SUSPENSION

10.1 We can terminate this Agreement at any time:

  (a) if we give a User 30 days’ notice; or

  (b) with immediate effect if a User has breached this Agreement, or if we have reason to believe that a User has used, or intend to use, the Website in a grossly negligent manner or for fraudulent or other unlawful purposes or if we are unable to continue to process a User’s completed Electronic Forms because of the actions of third parties.

10.2 We can suspend the Services at any time with immediate effect (and until a User’s default has been remedied or the Agreement terminated) if:

  (a) we discover that any of the information that a User provided to us when a User registered to use this Website was incorrect; or

  (b) a User, including a registered Medical Centre or Immigration Adviser, has failed to pay the Fee; or

  (c) a User has breached this Agreement or we have reason to believe that a User has used, or intend to use, the Website in a grossly negligent manner or for fraudulent or other unlawful purposes or if we are unable to continue to process a User’s completed Electronic Forms because of the actions of third parties.

10.3 A User can terminate this Agreement at any time by writing to us at our address set out in clause 14.


11. A USER’S INFORMATION

11.1  Through the NZimed website, we act to collect and store health and personal information about an Applicant (and anyone else named in the Certificate), from the Applicant, Medical Examiner and representatives, medical laboratory, Radiologists/Radiographers, and Immigration Advisers, as relevant.  The information is submitted to Immigration New Zealand which will use it to help determine eligibility for a visa or permit.  Immigration New Zealand and any User may also communicate through the NZimed website, such communications may be collected and stored on the NZimed database.

11.2 A User may also provide us directly with personal information in connection with completing the Electronic Forms for the purposes of creating a Certificate. 

11.3  We will hold all User information on secure servers.  It will be transmitted to Immigration New Zealand as soon as the on-line document has been completed with all the information required.

11.4 We are committed to maintaining a User’s personal information in accordance with the requirements of the Privacy Act 1993.  An Applicant and any User to which the Applicant has provided authorisation is entitled under the Privacy Act 1993 and the Health Information Privacy Code 1994 to view the Applicant’s information through the website at any time in the process. 

11.5  By registering with NZimed, an Applicant authorises us to obtain through the website health and personal information about the Applicant (and anyone else named in the Certificate) and to transmit it to Immigration New Zealand.

 11.6  If a Fee has been paid in conjunction with a Certificate created, we shall retain the certificate information for as long as it is required. However, if no Fee has been paid, the Certificate will be deleted 3 months after the date of a User’s last entry.

11.7 If we discover that the information we hold about a User is incorrect, we may suspend or cancel the Services for a User until we can establish the correct information in order to protect us both.


12. COMPLAINTS PROCEDURE

12.1 Complaints regarding any element of the Services provided by us should be sent in writing or by email using the details set out in clause 14 of this Agreement.


13. GENERAL

13.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

13.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

13.3 A User may not assign or transfer any of a User’s rights and/or benefits under these terms and conditions and a User shall be the sole party to the contract between us. We may assign our rights and benefits at any time without prior written notice to a User. We may subcontract any of our obligations under this Agreement.

13.4 This Agreement is governed by New Zealand law.