Terms and Conditions

By applying for a name in the .health.nz space, you agree to abide by the terms and conditions associated with this namespace and the current Dot Health Moderation Policy. These terms and conditions should be read in conjunction with the current Dot Health Moderation Policy.

1. Definitions

1.1 The Health Domain is a set of Internet domain names reserved for the health and disability sector. All domain names ending in .health.nz are part of the Health Domain.

1.2 Health Domain names are available to bona fide sector members (“Registrants”) for use in connection with health and disability services.

1.3 The Health Domain is moderated by the Ministry of Health on behalf of the health and disability sector. The Ministry of Health acts as Moderator for the Health Domain. The policy governing moderation (the “Dot Health Moderation Policy”) can be found at https://www.dnc.org.nz/content/moderation_policy_v2.pdf.

1.4 Health Domain names are registered through a specific authorised .nz Registrar – Modica Group, trading as One Squared – appointed by the Ministry of Health. Names may not be moved to a different registrar.

2. The Registrar’s Obligations

The Registrar agrees that it will:

2.1 comply with all .nz policies and accurately represent these to you;

2.2 disclose accurately and completely all the terms and conditions associated with your use of its services to register and maintain a domain name sought to be used by you;

2.3 comply with your lawful directions in a diligent and timely manner regarding your Health Domain name, subject to Moderator approval where this is required;

2.4 process any new Health Domain name registrations with the registry within 2 hours from the time it receives all the information required to complete a registration and approval from the Moderator if it is within advertised business hours of 8:30am to 5:30pm Monday to Friday excluding New Zealand statutory holidays, and otherwise within 48 hours;

2.5 notify you of the registration of your Health Domain name(s), including:

  • the details of the domain name;
  • your contact details;
  • our contact details;
  • a unique authentication ID for your Health Domain name; and
  • your obligations as a registrant.

2.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested and, if required, when such change is approved by the Moderator;

2.7 provide to you, or to someone reasonably believed to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;

2.8 use your personal information only as authorised by you;

2.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);

2.10 comply with any order of any authority having jurisdiction regarding any Health Domain name registered to you;

2.11 use best endeavours to deal with any complaints you may have about the services it provides for you.

3. The Registrant’s Obligations

You agree that you will:

3.1 comply with the Dot Health Moderation Policy. You agree that you have read and understood the current policy;

3.2 acknowledge that Health Domain names are available only to members of the health and disability sector as defined in the Dot Health Moderation Policy and warrant that you are a member of the sector;

3.3 make sure all information you give to the Moderator and/or the Registrar is accurate and complete, keep the Moderator informed of changes to any info srmation you give to the Moderator, and that you have the authority to enter into this agreement;

3.4 keep the unique authentication ID for your Health Domain name and any other security information that the Moderator gives to you confidential, safe and secure;

3.5 satisfy yourself that your use of a Health Domain name will not infringe anybody’s intellectual property rights and protect us, and everybody the Moderator is in any business relationship with to provide services to you, from any such claim;

3.6 ensure that you only use our services for a lawful purpose consistent with the Health Domain Moderation Policy;

3.7 acknowledge that the Dot Health Moderation Policy places limits on the permitted use of Health Domain names and that the Moderator may withdraw the name from you if these limits are breached;

3.8 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;

3.9 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;

3.10 protect the Moderator, and everybody the Moderator has a business relationship with, against any legal action taken against the Moderator because of the receipt or use of the Ministry’s Health Domain services by you or someone you are responsible for, including reliance by the Moderator or anybody the Moderator has a business relationship with, on information supplied by you.

Duties of Other Persons

3.11 You agree to make sure everyone you are responsible for or who uses a Health Domain name registered to you also meets the above duties.

4. Obligations of the Ministry of Health

The Moderator will:

4.1 assess all completed applications for Health Domain names and changes to details for name on a case by case basis, according to the Moderation Policy;

4.2 scrutinise and approve names and changes that meet the Moderation Policy on a timely basis, normally 2-3 days but may be longer if the case warrants;

4.3 provide reasons for declining any applications;

4.4 provide a process through which moderation decisions may be appealed.

4.5 pay the domain name fees and Registrar fees for all Health Domain names;

5. Registration of a Domain Name

When a Health Domain name is registered to you, you agree:

5.1 that the following information becomes available to any member of the public:

  • your name,
  • the name of your organization,
  • the name of a registered practitioner operating through your organization,
  • your contact details and
  • the domain name, its commencement and expiry dates and addresses/details of the name servers for the domain.

5.2 the domain name is registered in your name only because no other person has it according to the records of the register; and

5.3 neither the Moderator nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" (‘Whois’ domain search at http://www.dnc.org.nz) database shall not be taken as evidence of anything other than such registration; and

5.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

6. Register is the Record

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

7. Exclusion of Liability

The Ministry of Health and the Registrar exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:

7.1 InternetNZ, the registry and any other entity we are in any business relationship with;

7.2 every officer, employee, contractor, agent of us or any entity in clause 7.1;

7.3 anyone else we get to perform our duties under any agreement you have with us.

None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

8. Limitation of our Liability

The Ministry of Health and the Registrar have excluded all other liability we or any of the persons specified in clause 7 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 7 then this clause applies.

Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee payable to the Registrar for the domain name(s) concerned.

9. Law and Jurisdiction Applying to this Agreement

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 12 says otherwise.

To the extent legally permitted:

9.1 all our services are provided under New Zealand law;

9.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;

9.3 except as otherwise stated, you may take action against us only in a New Zealand court;

9.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur costs in any matter concerning that name then we may recover the costs incurred by us from you.

10. More Than One Person

You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

11. Each Clause Separately Binding

Each clause of the agreement you have with us is separately binding.

If for any reason we, you, or any of the persons specified in clause 7 cannot rely on any clause, all other clauses of the agreement are binding.

12. Rights and Responsibilities that Continue

The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 3, 5, 7 – 11, and this clause 12.