PHOENIX ANIMAL WELLNESS CLIENT SERVICE AGREEMENT (Terms & Conditions
V 2026.2 effective 24.9.26)
Kerikeri Animal Wellness Centre Ltd Trading as Phoenix Animal Wellness.
We provide general companion animal veterinary services from our clinic at 243 Waipapa Rd, Kerikeri
Tel 24/7: 099 456 400
Email: admin@phoenixanimalwellness.co.nz
Web: www.phoenixanimalwellness.co.nz
We see dogs, cats, and small animals. We do not provide large animal or equine services. We provide the following services: Consultations, laboratory testing, diagnostic imaging, surgery, dentistry, some reproductive services, hospitalisations, prescription and supply of veterinary medicines. We are a general practice, providing some specialist referral services; Orthopaedic surgery, BOAS surgery, some reproduction services. For full details of all our services please see our website.
Thank you for entrusting the care of your pet(s) to Phoenix Animal Wellness. This document outlines the terms of the contract established between us (Phoenix Animal Wellness) and yourself (the registered animal owner or individual requesting veterinary services) which begins when you register your animal with our veterinary practice or when you ask us to provide veterinary services.
By using our services, you are requesting that Phoenix Animal Wellness accepts your animals into our care. This agreement applies to the animals registered under your name in our practice management system and will remain in effect while your animals continue to be seen by us, and for 24 months from your most recent visit. Your client record is available on request, and we will update it whenever you add or remove a pet. We will contact you to review this agreement as necessary. To view your registered animals, you can create a profile through our online pet portal here: https://phoenixanimal.apse2.ezyvet.com/external/portal/main/login
CONSENT
By using our services, you are consenting to:
Acknowledgement that veterinary procedures carry an inherent level of risk, including the possibility of complications or death.
We confirm that we will seek the client's informed consent before undertaking treatment wherever possible.
We maintain the authority for the practice to proceed with treatment without prior consent where it is not possible to contact the client and treatment is necessary in the interests of the animal's welfare
Informed consent is documented by agreeing a treatment plan when you have a consultation, which will be recorded in the clinical notes, or by a signed consent form when your pet is being admitted for a procedure.
OUT OF HOURS EMERGENCY SERVICES
Our veterinarians have a professional obligation to provide, or make provision for, out of hours emergency services for their registered clients. These services may be provided by Phoenix Animal Wellness veterinarians and veterinary nurses. To contact our emergency service please call: 099 456 400
Additional fees are applicable for out of hours call outs.
FEES
All fees and charges for Goods and Services can be made available at any time on request. Our fees are determined by the level of expertise, time spent, hospitalisation and product, medication and material costs. All goods and services are invoiced inclusive of GST, payable in New Zealand dollars by Eftos, credit card, Afterpay or cash. Payment is due at the time of treatment unless there is a prior agreement with management.
ESTIMATES
We will endeavour to provide an estimate as to the probable costs of a course of treatment or procedure before the treatment or procedure is undertaken.
Estimates are provided as an approximation only, and the final fee could vary from this estimate depending on several factors which include but are not limited to: complications that arise during treatment and the pet’s response to the treatment. A pet’s illness/ailment may not follow a typical course of treatment and sometimes unforeseen expenses may occur – we will inform you of any additional costs at our earliest opportunity dependant on your pet’s health and safety.
The client’s liability for the full cost of treatment continues regardless of the estimate given at admission.
TERMS OF PAYMENT
Payment is due at the time the Goods or Services are purchased or at the time of discharge from our care. Exceptions are only by prior arrangement.
You may pay using cash, bank transfer, or credit/debit card and third party payment options. Afterpay is available to pet parents in-clinic only. Afterpay late fees, eligibility criteria and terms & conditions apply. Visit afterpay.com for full terms.
We may require you to pay a deposit, being an advance payment for the delivery of Services before we commence the Service. Clients referred to us from other vet clinics will always be required to pay a 50% deposit prior to any procedure. Major procedures or long hospitalisations may require a deposit or part payment. For surgical procedures where a deposit has been paid, the deposit will be refunded if we cancel the procedure or if your animal is assessed as medically unsuitable to proceed on the day.
If for any reason you are unable to settle your account as specified, we ask you to discuss the matter with a member of our team as soon as possible and before treatment takes place. Emergency treatment to alleviate pain and suffering will always be provided irrespective of a client’s ability to pay. We may suspend non-emergency services where there are outstanding unpaid amounts. Outstanding accounts may be referred to a debt collection agency.
We have ethical considerations as a veterinary profession. However, under the Animal Welfare Act 1999, the owner or representative is responsible for the animal. Your inability to pay does not pass that responsibility to us.
Unless we have agreed on an alternative payment plan, if payment is outstanding for 7 days from the due date, we may suspend delivery of the goods or performance of the service until payment is made in full. We reserve the right to cancel any agreed discounts for the goods and services already provided in the absence of payment in full by the due date.
SCHEDULING OF SERVICES
Consultations and surgeries should be scheduled in advance. Short notice routine appointments will be accommodated wherever possible.
On the day (urgent) consultations will be facilitated where animal welfare would otherwise be compromised.
Consultations and surgery bookings are made to ensure that our veterinarians and veterinary nurses have appropriate time scheduled with our clients and their pet(s) to address their health concerns.
Cancellations and no-show appointments have an impact on our veterinarians and other clients needing veterinary care. We understand that in some cases events can occur meaning your appointments may need to be cancelled or rescheduled. If you need to cancel or postpone your appointment, we would appreciate it if you could provide at least 24 hours’ notice. If you do not cancel within this period or fail to attend the appointment you may incur a late cancellation/no show charge.
Whilst emergency walk-in appointments are sometimes necessary, they can have an impact on our veterinary teams and the wait time for other clients requiring veterinary care. We strongly emphasise the importance of making an appointment and advise that walk-in appointments may incur additional costs.
It is also appropriate that the number of conditions presented in a standard 20-minute appointment be limited to two. This is to ensure that the consulting veterinarian has adequate time to discuss your pet’s health concerns. If you feel like your appointment will require longer or you wish to discuss more than two conditions, please advise reception when booking your appointment. An extended booking will be made to ensure that there is appropriate time scheduled (extra costs will apply). Appointments that run overtime may incur additional costs.
USE OF AI NOTETAKERS IN CONSULTATIONS
Artificial intelligence notetakers may be used by veterinarians or veterinary nurses during consultation. By agreeing to our terms and conditions you are agreeing to their use as described.
You can ask for the AI notetaker to not be used in a consultation.
All medical information held by us is compliant with the Privacy Act 2020, and the New Zealand Information Privacy Principals. Your data security is our top priority.
We only collect data that is essential for providing you with our services and we restrict disclosure, retention and use of your data.
Conversations are transcribed simultaneously, while they happen, notes from the appointment are added to your pet’s electronic health record in our practice management system as normal.
PRIVACY OF INFORMATION
We collect personal information from you, including information about your: name, contact information, location, interactions with us, billing, and purchase information. We collect your personal information in order to provide you with veterinary goods and services, manage your account, care for your pets and stay in touch with you about their treatment. We handle it in line with the Privacy Act 2020.
Who we may share information with:
Information may also be gathered by AI notetakers during consultations, see the section above for full details.
We collect this information as may be necessary or desirable to assess creditworthiness and to enable us to exercise any power or enforce or attempt to enforce any rights, remedies and powers under these Terms and Conditions.
Providing some information is optional. If you choose not to share with us information to determine your creditworthiness, we may be unable to provide you with certain Goods or Services, and we may not be able to offer you any payment alternatives.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us.
RECORDS
We will collect information used in or arising from our provision of goods or services, and keep this information at Phoenix Animal Wellness and in our online database. This may include prescription and surgical history, dietary plans, radiographs, and lab results. The ownership of all such records will remain with us at all times, as part of our complete and comprehensive records. We keep information for 7 years from your pet’s last visit or longer where the law requires it.
You may view and/or request a copy of your animal’s clinical records on request to us. Reasonable charges may apply.
Wherever possible, written signed consent prior to any treatment and procedure will be obtained. Verbal only consent may be relied on in the instance of restricted access to the clinic, based on Ministry of Health guidance.
In the event of an emergency, you authorise us to administer such treatment to alleviate pain and suffering as we deem appropriate prior to obtaining your consent.
PRODUCT RETURNS
Companion Animal products may be returned within 14 days if they remain in a saleable condition, and include the receipt showing proof of purchase. Open bags of food can only be returned under a Supplier palatability guarantee.
If you have returned Goods to us, or if you have made a claim in writing to us in relation to the Goods or Services provided by Phoenix Animal Wellness, we may, at our discretion, repair or replace the Goods or re- perform the Services, or refund the amount of those Goods or Services to you.
We must have a reasonable opportunity to inspect the goods and shall not be obliged to accept the return of any Goods that require or may require managed storage conditions (such as RVMs).
We cannot accept return of any refrigerated products for safety reasons.
REGISTERED VETERINARY MEDICINES (RVMs)
Prescriptions for RVMs are regulated. All RVMs require a prescription to be dispensed by a veterinarian. Your Phoenix Animal Wellness team will advise you on when a consultation is required in order to maintain any ongoing prescriptions. If we consider that administering any RVM would not be in the best interests of the health of your animal, we reserve the right not to prescribe or administer any drug or treatment.
RVMs require controlled environment handling. Please check the expiry date of any RVMs at the time you receive them. We cannot accept any unused RVMs for refund or credit.
COMMUNICATIONS
We may contact you by phone, mail, email, or SMS. When you register with Phoenix Animal Wellness you can choose to receive treatment and annual vaccination reminders for your animal. While we make every effort to send out reminders for animal’s healthcare, these are provided as a complimentary service and the responsibility to keep them up to date remains with you. We accept no liability for any loss, damages or costs which may result from your failure to receive any reminder. You may elect to unsubscribe to communications for reminders and marketing material.
CONFIDENTIALITY
We ask that at all times you treat as confidential all non-public information (including prices) and material received from us, and that you do not publish, release, or disclose the same without our prior written consent.
HOME VISITS
In most cases, your pet will receive better treatment if it is brought into the practice where we have the equipment, facilities, and staff necessary to treat them. However, there are some cases when it may be preferable to provide treatment at your home. We will endeavour to support these requests wherever possible but we ask that you call the practice so we can arrange this around other duties. There is an additional charge for a home visit. You will be provided with an estimate of fees when calling to book a visit and prepayment for the visit may be requested.
PET WELLNESS PLANS
Pet Wellness Plans are a Phoenix Animal Wellness initiative which offers an annual membership to participating clients, allowing them to access simple and affordable solutions to exceptional preventative healthcare for their pets. It is important to remember that Pet Wellness Plans do not cover all aspects of veterinary care. Pet health insurance should also be considered as part of your pet’s total healthcare requirements.
PET HEALTH INSURANCE
Phoenix Animal Wellness strongly supports the principle of insuring your pet against unexpected illness or accidents. Unfortunately, we are unable to recommend a specific insurer and this choice falls you to select a product/level of cover you deem suitable. We are also unable to make comment on whether your insurance will cover your pet appropriately and you will have to make contact with your provider to validate the coverage.
It is your responsibility to settle our account and then reclaim the fees from your insurance provider. It may be possible for us to submit electronic claims on your behalf to some insurance providers.
LIMITATIONS OF LIABILITY
We provide veterinary services with reasonable care and skill. Even so, veterinary treatment carries risks that cannot always be avoided, including unexpected complications and the death of an animal. A poor outcome does not by itself mean something has gone wrong.
To the extent the law allows, our liability for any loss arising from the services we provide is limited to the amount charged for the relevant service. We are not liable for indirect or consequential loss, such as loss of production, breeding value, or competition earnings.
If you are a consumer, you have rights under the Consumer Guarantees Act 1993 that cannot be excluded, and nothing in these terms affects them.
ZERO TOLERANCE POLICY
We respectfully advise you that abuse and/or violence will not be tolerated. Our team are trained professionals and are dedicated to providing a high standard of care delivered at all times with courtesy and respect. In return, we expect you will treat our team with the same courtesy and respect.
We have a ZERO TOLERANCE approach to any of the following behaviour displayed towards our staff or other clients. This includes Verbal Abuse, Emotional Abuse, Sexual Abuse, Racial Abuse, Aggressive and violent behaviour, Threats, Blackmailing, and Use of profanity. Please note the above list is not an exhaustive outline of all forms of abuse and/or violence.
If you or anyone you bring with you to the Phoenix Animal Wellness clinic or an appointment, is abusive, aggressive, or violent towards our team and/or other clients attending the practice the police will be called and may result in you being removed as a registered client of the practice. Please note veterinary care will be withheld from clients who appear aggressive and abusive to staff members.
COMPLAINTS & FEEDBACK
We endeavour to provide our Services with skill, care, and diligence in a professional manner, and will consult with you on any changes we believe are necessary to our agreed Services. We hope to ensure you never have reason to complain about the standards of our Services. However, if you feel there is something you wish to provide feedback about, please contact the attending veterinarian or our practice manager at the clinic, in person or by email at pm@phoenixanimalwellness.co.nz.
In the event of a dispute that cannot be resolved through discussion, either party may initiate mediation. You may also contact the Veterinary Council of New Zealand at any time to raise concerns about professional conduct.
Please raise concerns about a specific service or product within 14 days of it, so we can look into it while the details are fresh. We will still consider a concern raised later.
ENDING CLIENT RELATIONSHIPS
Phoenix Animal Wellness reserves the right to end the relationship with reasonable notice, provided animal welfare is not compromised. If this situation arises, you will be notified in writing.
You have the right to end the relationship at any time (please note that outstanding accounts remain payable)
It is advised that in the event of the relationship ending ongoing treatment plans should be referred to another veterinary practice as soon as possible.
Phoenix Animal Wellness has a continuing obligation to provide emergency care for animal welfare, even after the relationship has ended, until the client has registered elsewhere.
We reserve the right to end the relationship if we have not seen you or your pets for over 24 months.
IN THIS DOCUMENT:
Companion Animal means a dog, cat or other domesticated animal that provides companionship and/or assistance.
Goods means goods supplied by us to you and are described on the invoices, quotes, estimates or any other forms as provided by us (including, without limitation, any RVMs).
Services means all services supplied by us to you and includes any advice or recommendation (and where the context so permits shall include any supply of Goods as defined above).
We means the Kerikeri Animal Wellness Centre ltd operating as Phoenix Animal Wellness Clinic.
Standard Promotion and Social Media Terms and Conditions
BACKGROUND
From time-to-time Phoenix Animal Wellness runs various promotions and competitions in digital and clinic channels. These Standard Promotion Terms and Conditions provide Participants with a base set of guidelines under which Promotions are held and by which entry is governed. Please note that for specific promotions there may be specific terms and conditions. If there is any inconsistency, those promotion-specific rules or terms and conditions apply. These terms and conditions may change and be updated from time to time and Participants should check for regular updates and any specific competition terms and conditions.
DEFINITION AND INTERPRETATION
For the purposes of these Standard Promotion Terms and Conditions:
“The Promoter” means Phoenix Animal Wellness.
“Participant” or “Entrant” means a person who enters into or participates in a Promotion. Participant and Entrant are used interchangeably throughout these Terms and Conditions.
Where the context requires or admits, words importing the singular shall include the plural and vice versa.
GENERAL CONDITIONS
These conditions (“Terms and Conditions”) apply to all Phoenix Animal Wellness promotions or competitions (collectively “the Promotion”) conducted by any of the following mediums (or combination of the same) – in-clinic, event, radio, television, print, electronic messaging, mobile phone apps, social media and internet.
By entering the Promotion Participant is deemed to accept and agrees to be bound by these Terms and Conditions.
The Terms and Conditions may change and be updated from time to time and Participants should check for regular updates and any specific competition terms and conditions.
If a particular Promotion has specific rules or terms and conditions, those specific rules or terms and conditions (as applicable) apply. If there is any inconsistency the specific rules trump these Terms and Conditions.
By submitting an application, entry form or submission (or similar), each Entrant warrants that all information submitted is true and correct. Incomplete, ineligible or incomprehensible applications/entries will be deemed invalid.
The Promoter may refuse any application for entry in its sole discretion. Unless otherwise stated in the specific terms and conditions for any Promotion any application or entry (as applicable) is limited to one (1) per person.
No responsibility will be taken by the Promoter for lost or misdirected applications or entries.
The Participant shall be solely responsible for any costs involved in entering the Promotion.
ELIGIBILITY
Participation in any Promotion is open to all persons (unless excluded in specific terms and conditions) except employees of Phoenix Animal Wellness, and immediate family members of such persons (including any spouse, child, defacto or any other family member residing at the same address as such person).
Participants aged under 18 years of age must (where the Promotion allows entry) obtain the consent of their parent or legal guardian to enter the Promotion. These Terms and Conditions are deemed to bind the Participants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years).
All Participants in any Promotion must be New Zealand residents and, in addition to the requirements of clause 15 below, proof of such residency status may be required before any prize is handed over to any Promotion winner.
The Promoter reserves the right in its sole discretion to disqualify any Entrant who the Promoter has reason to believe has breached any of these conditions or engaged in unlawful or improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. No correspondence will be entered into in this respect.
PRIZES, PRIZE DRAWS AND PRIZE FULFILLMENT
The Promoter may run certain promotions where prizes may only be suitable for collection and ownership by the parent or legal guardian who gives their consent. The Promoter may make this election at any time without prior notice.
Any prize draws will be conducted at a date and time to be determined by the Promoter. No correspondence will be entered into regarding any prize draws or results of any competition.
All prizes must be taken as offered and are not transferable, refundable, exchangeable for cash or kind.
Prize Winner(s) will be contacted via the details provided at the time of registering/entering (or similar) within a reasonable time after the applicable prize draw. The Promoter reserves the right to redraw the prize if it is unable to contact a winner after three attempts (within 10 days after the draw). If the Entrant does not claim their prize within 10 days after the draw the prize will be forfeited. No correspondence will be entered into and special terms as regards notification and collection may be applied to particular Promotions at the Promoter’s sole discretion.
Where the winner of any Promotion is required to claim the prize in person proof of identity may be required (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received within a reasonable time after request (to be determined by the Promoter at its sole discretion) then the entry of that Participant will be ineligible and deemed invalid.
If a prize is forfeited the Promoter may at its sole discretion redraw the relevant prize and repeat the prize process.
INDEMNITY
The Promoter, any participating sponsors, suppliers and their associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with their prize or the use of the applicable prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter reserves the right at any time to cancel, terminate, modify or suspend the Promotion. The Promoter will not be liable for the suspension or termination of the Promotion on any account whatsoever.
PERSONAL INFORMATION
All applications/entry forms/submissions and any copyright subsisting in the same remains the property of the Promoter.
The Promoter collects personal information about a Participant to include a Participant in the Promotion and where appropriate award gifts and prizes. If the personal information requested is not provided, the Participant may not participate in the Promotion (at Promoter’s sole discretion).
By participating in the Promotion, the Participant also acknowledges and agrees that a further primary purpose for collection of a Participant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Participant in the future with information on special offers or provide the Participant with marketing materials via any medium or any other communications channel whether existing now or in the future.
All personal information provided will be stored for the Promoter at the relevant clinic or such other place as notified to the Participant on request. A Participant may gain access to, update, correct or request to remove any personal information by contacting the Promoter. The Promoter respects privacy rights under the Privacy Act 1993 and is required to comply with the privacy principles in respect of collection of personal information from individuals.
MARKETING ACTIVITY, CONTENT AND COPYRIGHT
By partaking in the Promotion, all prize winners agree to participate in all promotional, public, or marketing activity requested by the Promoter and the use of the prize winner’s image or voice (including photograph, file and/or recording of the same) for an unlimited period of time without any notification, remuneration or compensation.
The Promoter may communicate or undertake promotions on social media platforms. Entrants participating in these promotions accept Facebook’s/Instagram’s terms and conditions of use which includes for the avoidance of all doubt a complete release of Facebook/Instagram by each Participant.
If a Promotion involves the Participant submitting and or sending materials, to include but not limited to comments, recordings and images (“Content”) the Participant, unless the Promoter advises otherwise, licences and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Participants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Participants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Participants warrant and agree that:
Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of this clause.
PROMOTIONAL DISCOUNTS
In the case of product and service discounts (whether Phoenix Animal Wellness or supplier sourced), only one discount can be applied – no further discounts or offers apply.
Pet Wellness Plan members will have the highest available discount applied, but only a single discount (either Pet Wellness Plan or Promotion offer) may be applied.
Discounts may apply to ‘in-clinic only’, ‘online only’ or ‘in-clinic and online’ as stated in the specific conditions of the offer.
Discounts will not be honoured beyond the stated discount period of the offer and are available while stocks last. The Promoter reserves the right to vary or discontinue the discount at any time.
SOCIAL MEDIA
Entrants participating in promotions via Social Media channels accept Facebook’s/ Instagram’s terms and conditions of use which includes for the avoidance of all doubt a complete release of Facebook/Instagram by each Participant.
The Promoter’s social media pages and posts are a place for pet parents and animal lovers to find information, find out about promotions and participate in discussion and competitions. Comments and posts should be respectful, supportive of your own and others’ privacy and on-topic. The Promoter reserves the right to remove inappropriate content and exclude those who cannot adhere to community guidelines.
GOVERNING LAW
The Terms and Conditions are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
MORE INFORMATION
Entry into any Promotion and use of Phoenix Animal Wellness website is deemed acceptance of these Terms and Conditions. In the event of any dispute or need for clarification as regards the Terms and Conditions, the Promoter’s decision is final, and no correspondence will be entered into. The Promoter’s decision in relation to all other aspects of the Promotion is also final and no correspondence will be entered into.
VARIATIONS
From time to time we may vary any provision of these Terms and Conditions. Our latest version of Terms and Conditions are available on our website www.phoenixanimalwellness.co.nz.
The amended Terms and Conditions shall be operative, and you shall be bound by them as from the date of their publication.
ACCEPTING THESE TERMS
We sent you a link to these terms when you booked an appointment, or you may have been emailed a copy. If you continue to use our services after that, you accept them. Please tell us if you do not agree to anything in them and we will discuss it with you before we treat your animals.
Questions about Terms and Conditions should be sent to us at admin@phoenixanimalwellness.co.nz or
Phoenix Animal Wellness
243 Waipapa Rd,
Kerikeri 0230
Tel: 099 456 400
PHOENIX ANIMAL WELLNESS CLIENT SERVICE AGREEMENT (Terms & Conditions
V 2026.2 effective 24.9.26)
