Website Terms and Conditions
These terms and conditions (“Website Terms and Conditions”) apply to the use of this website. In using this website, you agree to be bound by these Website Terms and Conditions. If you do not accept these Website Terms and Conditions, you must refrain from using the website.
To the extent you provide Content to this website and are a Content Provider, the terms and conditions set out in the Content Provider Terms and Conditions will apply to you, in addition to these Website Terms and Conditions.
In these Website Terms and Conditions, the expressions “we”, “us” and “our” are a reference to Healthpoint Limited (Healthpoint), and the expressions “you”, “your” and “user” are a reference to you, the user of the website.
2 Amendments to Terms and Conditions
Healthpoint reserves the right to add to, remove or change the provisions of these Website Terms and Conditions from time to time. All additions and changes may be notified to you by being posted on the Website or sent by email. You acknowledge that it is your responsibility to regularly review these Website Terms and Conditions as additions and changes will come into effect immediately on being posted on the Website or notified to you by email.
This website contains certain information including: (a) medical or health care advice, diagnostic paths, treatment paths, formulae, calculations other information provided through the use of the website (together referred to as Healthcare Information); (b) information regarding health suppliers (Health Supplier Information) and services provided by health suppliers (Health Supplier Services).
Healthpoint highlights the fact that the placement of Healthcare Information or Health Supplier Information (including links to other websites) on the website does not constitute a recommendation or endorsement by Healthpoint of any course of treatment, health supplier or Health Supplier Services, and as such use of the Healthcare Information or Health Supplier Services featured on this website is undertaken at the user's own risk, unless specifically stated otherwise.
In addition, to the maximum extent permitted by law Healthpoint accepts no responsibility or liability in relation to the website or liability (whether in contract or tort, including but not limited to by way of negligence, or otherwise) for:
- any loss, damage or inconvenience however caused (including direct, indirect, consequential, special or loss of profits) which the user or any party for whom this website is used may directly or indirectly suffer in connection with the use or reliance on any Healthcare Information or Health Supplier Information or links contained on this website; or
- any interference or damage to the user's or other computer systems which arises in connection with the use of this or any linked website.
To the maximum extent permitted by law, any condition or warranty is hereby excluded. Where any law implies a condition or warranty, and we can't by law exclude or modify our liability, any such condition or warranty will apply; our maximum liability however for a breach of any such condition or warranty is limited to the correction of the Healthcare Information and Health Supplier Information.
It is entirely the user's responsibility to:
- ensure that access to this website is not illegal or prohibited by applicable laws; and
- ensure that the process which the user employs for accessing this website does not expose them to the risk of viruses, malicious computer code or other forms of interference which may cause damage to their or other computer systems.
Furthermore, Healthpoint does not:
- warrant the accuracy, reliability, adequacy, completeness or fitness for purpose of any Healthcare Information, Health Supplier Information or any User Generated Content contained on this website (including links contained within it) to users or any other person; or
- accept responsibility for the content or privacy practices associated with linked websites.
The user acknowledges that the Healthcare Information:
- is provided for guidance and informational purposes only, and that any assumptions used and figures generated are for purposes of illustration and reference only, and are subject to change depending on a variety of factors, which may not have been taken into account;
- should not be considered complete, nor should it be solely relied on to suggest a course of treatment for a particular individual; and
- is not intended as a substitute for, nor does it replace, a medical practitioner’s independent medical advice, diagnosis, treatment, or judgment about the appropriateness or risks of treatment, for a particular patient.
Users agree that they will not rely solely on the Healthcare Information and will carry out their own assessment of their patients and all relevant factors. Users who are not members of the medical profession will consult the opinion of a qualified clinical professional.
The Healthcare Information and Health Supplier Information is subject to change, and users should check from time to time whether any Healthcare Information or Health Supplier Information which they have printed or stored has been updated on this website.
Each user will defend and indemnify Healthpoint, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Healthpoint arising from or in connection with a breach by the user of any of these Website Terms and Conditions and/or the use by the user of any Healthcare Information or Health Supplier Information.
4 Intellectual Property Rights
Copyright and all other intellectual property rights in this website (including text, graphics, logos, icons, sound recording and software) is owned by or licensed to us. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1994 and similar legislation which applies in your location and except as expressly authorised by these Website Terms and Conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website, including using any of the Healthcare Information and/or Health Supplier Information as the basis of creating your own healthcare or health supplier information which is the same as or similar to the Healthcare Information and/or Health Supplier Information;
- commercialise any information products or services obtained from any part of this website, including by accessing all or any part of the Healthcare Information and/or Health Supplier Information to build a product or service which competes with the services provided by this website; and/or
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of this website;
without our prior written permission.
5 User Generated Content
Certain parts of this website allow you to leave comments, respond to comments, and/or upload pictures, graphics and other materials (collectively, User Generated Content). User Generated Content includes feedback you provide about health suppliers and Heath Supplier Services (Feedback). If you are a health supplier, User Generated Content includes your reply to any feedback placed about your business as a health supplier (Replies).
You will not include anything in your User Generated Content that:
- contains photographs or images of another person;
- breaches the intellectual property rights of any third party;
- uses another person’s personal information other than for the specific purposes that person’s personal information was provided to you for;
- implies that the User Generated Content is in any way endorsed or sponsored by Healthpoint;
- is intended to harass, annoy, threaten or intimidate any other user of this website;
- is false, misleading, defamatory, inaccurate, abusive, pornographic, racially or ethnically objectionable in nature, or otherwise objectionable; or
- contains any viruses or malware.
If you are under the age of 18 you should seek your parent's or guardian's consent before you submit any Feedback. Feedback and Replies must, without limiting anything else contained in this clause 5:
- only be given in relation to a specific health supplier;
- not include any personal information about any employee, agent or representative of a health supplier, unless that information is made publicly available on the health supplier’s or user’s website profile; and
- be constructive, truthful, and only include expressions of opinion that are your honestly held opinions, or those of the person on whose behalf you are writing the Feedback or Reply;
- be relevant to helping people make choices about places where they can receive medical treatment or other care; and
- not contain false, offensive, defamatory, retaliatory or inappropriate language or content.
You acknowledge and agree that:
- Healthpoint does not control, and is therefore not responsible for, any communication between you and any other user of this website; and
- the views expressed in any User Generated Content may not be Healthpoint’s views. While Healthpoint will endeavour to monitor User Generated Content and exercise editorial control where possible, you acknowledge that you use and rely on User Generated Content at your own risk.
Healthpoint may at any time:
- refuse to post; or
- edit or remove,
any User Generated Content that Healthpoint in its absolute discretion (acting reasonably) considers breaches these Website Terms and Conditions or is otherwise inappropriate for this website.
Where you publish or upload User Generated Content on this website, you are deemed to have granted Healthpoint a non-exclusive, perpetual and worldwide licence to republish, display, use and sub-license (including the right for third parties to Digitally Access) such material on this website and as Healthpoint thinks appropriate. For the purposes of this paragraph, “Digitally Access” means any electronic, digital or online means of accessing, editing, displaying or otherwise using User Generated Content, including (without limitation) the ability of third parties to access User Generated Content on the Website via an Application Programming Interface or otherwise for the purpose of sharing that User Generated Content on that third party’s application supporting the health and wellness of people. You also warrant that any such User Generated Content does not infringe the intellectual property rights of any person. You agree to indemnify Healthpoint for all direct and indirect damages, losses and costs of any kind incurred or suffered by Healthpoint as a result of or in connection with a breach of the warranty given by you in this clause 5.
We acknowledge and agree that, except for the rights you grant us to use your User Generated Content under these Website Terms and Conditions, you will own all rights, title and interest in and to all of your User Generated Content and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Generated Content.
6 Trade Marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities products or services you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
7 Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal or internal business use. You are authorised to print, or download to your hard drive, a copy of any information contained on this website for your personal or internal business use, unless such printing or downloading is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
8 Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
9 Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
10 Governing Law
These Website Terms and Conditions are governed by the laws in force in New Zealand.
11 Password Security
Once you have been issued with a Healthpoint username and password (to the extent that the use of this website (or parts of it) require a username and password), you become responsible for their security and for any use of the Healthpoint site conducted through them. You will keep your username and password confidential and will not disclose such details to any third party.
We are committed to protecting your privacy on this website.
This website is provided by Healthpoint for interested persons to obtain Health Information and Health Supplier Information.
Currently we do not collect personal information through this website unless you have otherwise agreed to it.
We utilise cookies which enable us to analyse the number of visitors to the website and to monitor the traffic and usage patterns so to service you more efficiently if you revisit the site. Your personal information will not be collected by the cookies until you have registered with or logged onto the website, in which case, your login name and password details may be identified and collected. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
If for any reason this website is enabled to collect personal information in the future, it will be used only for our internal purposes and for any other purpose for which you have authorised. The use and disclosure of personal information in such circumstances will be governed by the Privacy Act 1993.
We will preserve the content of any email you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
All information which we collect from you (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
We consider it is the responsibility of parents to monitor their children’s use of our website.
Last review: 16 March 2020