TERMS OF USE

• These Terms of Use govern your access to and use of all ManageMyHealth websites, mobile websites, and mobile applications, collectively "ManageMyHealth".
• By using any ManageMyHealth website, or by downloading and or using an ManageMyHealth mobile application, you confirm that you agree to these Terms of Use and to the ManageMyHealth Privacy Policy. If you do not agree, do not use our websites and do not download and use our mobile apps.
• You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.
• Last Updated Friday, January 1, 2010
• About these Terms of Use

• 1. In consideration for Medtech Limited (“Medtech”) allowing you the right to access and use the ManageMyHealth and managemyhealth.co.nz service (“ManageMyHealth™”) you agree to be bound by these Terms of Use. This right is non-exclusive and non-transferable and limited by these Terms of Use.

• 2. These Terms of Use apply to any user of ManageMyHealth™ whether they are a visitor, account holder, health professional or otherwise.

• 3. By using ManageMyHealth™ you agree to be bound by these Terms of Use, which shall take effect immediately the first time you use ManageMyHealth™. If you do not agree to be bound by all of these Terms of Use please do not access, use and/or contribute to ManageMyHealth™.

• 4. Medtech may change these Terms of Use from time to time and accordingly you should check these Terms of Use regularly. Your continued use of ManageMyHealth™ will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you should cease using ManageMyHealth™.

• 5. If there is any conflict between these Terms of Use and specific local terms appearing elsewhere on ManageMyHealth™ or terms entered into indepndently with Medtech, then the specific or independent terms of use shall prevail.

• Use of ManageMyHealth™ and your obligations

• 6. You agree in using ManageMyHealth™ that you will:

  • a. comply with all laws;

  • b. comply with all ManageMyHealth™ policies;

  • c. comply with all ManageMyHealth™ code of conduct;

  • d. keep all access details including passwords and codes secret; and

  • e. notify Medtech if you learn of a security breach related to ManageMyHealth™ by emailing us at help@managemyhealth.co.nz .

• 7. You agree in using ManageMyHealth™ that you will not:

  • a. infringe the privacy rights of any ManageMyHealth™ user;

  • b. use ManageMyHealth™ in a way that harms Medtech or ManageMyHealth™ or our related entities, resellers, distributors, suppliers and/or vendors (each referred to as a "Medtech party"), or any customer of a Medtech party;

  • c. mislead any ManageMyHealth™ user, including supplying data that is falsely made to appear as originating from or being endorsed by ManageMyHealth™ or Medtech;

  • d. use any portion of ManageMyHealth™ as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;

  • e. use any unauthorised means to modify or reroute, or attempt to modify or reroute ManageMyHealth™; damage, disable, overburden, or impair the ManageMyHealth™ (or the network(s) connected to ManageMyHealth™) or interfere with anyone’s use and enjoyment of ManageMyHealth™; or

  • f. resell or redistribute ManageMyHealth™, or any part of the ManageMyHealth™ services.

• 8. Medtech does not recommend sharing your access details with anyone. If you need someone to access your information they should register as a user within ManageMyHealth™ and when the feature is available provide this person access via a managed trust list.

• 9. If in an emergency situation you share your access details to help with your care, Medtech recommends you change your password as soon as practical. If you do share your access details you must ensure that the person you share your access details with also adheres to these Terms of Use.

• 10. If you access someone else’s information, you acknowledge and warrant you have the authority to do so.

• 11. You authorise Medtech to send emails to your declared email address which is also your user-id/system name. These emails will not contain any of your personal or health information. You must advise your registering Healthcare Provider if you change your email address. All emails sent to your account will be assumed to have been read.

• Privacy

• 12. Medtech considers your use of ManageMyHealth™ to be private. However, Medtech may access or disclose information about you, your account and/or the content of your communications, in order to:

  • a. comply with the law or legal proceedings served on it;

  • b. enforce and investigate potential violations of these Terms of Use; including use to participate in, or facilitate, activities that infringe the law; or

  • c. protect the rights, property, or safety of Medtech, any Medtech party, ManageMyHealth™, their employees, customers or the public.

• You consent to the access and disclosures outlined in this section.

• 13. Medtech may use technology or other means to protect ManageMyHealth™, protect our customers, or stop you from breaching these Terms of Use.

• 14. In order to provide you with ManageMyHealth™, Medtech may collect certain information about ManageMyHealth™’s performance, your machine and your use of ManageMyHealth™. Medtech may automatically upload this information from your machine. This data will not personally identify you.

• 15. In addition to the above, the ManageMyHealth™ Privacy Statement and Code of Conduct forms part of these Terms of Use. By agreeing to these Terms of Use you also give your consent to the way we may handle your personal information under that statement. You can access the ManageMyHealth™ Privacy Statement or Code of Conduct by clicking on the links.

• Intellectual Property

• 16. All copyright, trade marks, designs, patents and other intellectual property rights (registered and unregistered) in and on ManageMyHealth™ and all content (including all applications) located on the site shall remain vested in Medtech or its licensors (which includes other users).

• 17. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use ManageMyHealth™ content in any way except for your own personal, non-commercial use unless otherwise agreed in writing with Medtech.

• 18. You agree not to adapt, alter or create a derivative work from any ManageMyHealth™ content except for your own personal, non-commercial use. Any other use of ManageMyHealth™ content requires the prior written permission of Medtech.

• 19. Nothing contained in these terms shall be construed as conferring you any licence or right to use any trade mark, design right or copyright of Medtech or any other third party.

• 20. You warrant that all content uploaded or shared by you, either from your own computer or another source, are either created or owned by you, or that you have the necessary licences, rights and permissions to use the content uploaded or shared.

• 21. You acknowledge and agree that upon receipt and notice of any claim from a third party, Medtech may immediately remove any content from ManageMyHealth™ without liability. Any claims of any complaining party shall be referred to you for your attention.

• Content

• 22. You agree in respect of any Content uploaded on the Website that it complies with the ManageMyHealth™ Code of Conduct , and without limiting the Code of Conduct does not:

  • a. infringe any intellectual property rights of any third party;

  • b. infringe the privacy rights of any third party;

  • c. detrimentally affect the brand or reputation of ManageMyHealth™ or any affiliates or partners of ManageMyHealth™;

  • d. mislead as to the nature, type, service or benefits of the any content;

  • e. contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;

  • f. encourage, counsel, incite or suggest any criminal or unlawful acts;

  • g. seek to take advantage of any individual or and individual groups by virtue of their circumstances;

  • h. contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and

  • i. promote or provide inflammatory or demeaning opinions of an individual or group.

• 23. ManageMyHealth™ does not actively police uploaded content but reserves the right to remove or edit any content uploaded at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, in breach of these Terms of Use. If a user notices any such content, please email us at help@managemyhealth.co.nz .

• No Warranties

• 24. ManageMyHealth™ is provided on an "as-is," "with all faults" and "as available" basis.

• 25. Medtech does not guarantee the timeliness, completeness or performance of ManageMyHealth™ or any of the content. To the extent permitted by law, Medtech excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

• 26. Some content on ManageMyHealth™ may be created by third party contributors or members of the public. The views expressed are their own and unless specifically stated are not those of Medtech. Medtech is not responsible for any content posted by third parties or members of the public on ManageMyHealth™ or for the availability or content of any third party site that is accessible through ManageMyHealth™. Any links to third party websites from ManageMyHealth™ do not amount to any endorsement of that site by Medtech and any use of that site by you is at your own risk.

• 27. Medtech does not warrant that functions available on ManageMyHealth™ will be uninterrupted or error free, that defects will be corrected, or that ManageMyHealth™ or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

• Limitation of Liability

• 28. You can recover from Medtech only direct damages up to any amount you pay Medtech for ManageMyHealth™ for use of its service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. If the Consumer Guarantees Act 1993 would otherwise apply to your use of ManageMyHealth™ and you are accessing or otherwise using this website for business purposes (or holding yourself out as accessing or using it for business purposes), you agree that the provisions of that Act will not apply, to the extent contracting out is permitted by that Act.

• 29. This limitation applies to anything related to access services, information services, forum services, content (including code) on third party sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of ManageMyHealth™, incompatibility between the ManageMyHealth™ and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with ManageMyHealth™ in an accurate or timely manner, and claims for breach of these Terms of Use, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

• 30. It also applies even if this remedy does not fully compensate you for any losses, or fails in its essential purpose or Medtech knew or should have known about the possibility of the damages.

• 31. Medtech shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):

  • a. loss of data;

  • b. loss of revenue or anticipated profits;

  • c. loss of business;

  • d. loss of opportunity;

  • e. loss of goodwill or injury to reputation;

  • f. losses suffered by third parties; or

  • g. any indirect, consequential, special or exemplary damages arising from the use of ManageMyHealth™ regardless of the form of action.

• Further disclaimers

• 32. The content information available from or on ManageMyHealth™ is intended to provide general information to the public, and is not intended to address specific circumstances of any particular individual or entity. All reasonable measures have been taken to ensure the quality and accuracy of the information available on this website.

• 33. The contents of ManageMyHealth™ should not be construed as medical, legal or professional advice and you should take specific advice from qualified professional people before undertaking any action following information received from ManageMyHealth™.

• 34. Any reference to any specific commercial product, process, or service by trade name, trademark, manufacture, or otherwise does not constitute an endorsement or recommendation by ManageMyHealth™.

• Indemnity

• 35. You agree to release, indemnify and keep indemnified Medtech from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Medtech from any person arising out of or in connection with your failure to comply with these Terms of Use or your use of ManageMyHealth™.

• Limits on use or services

• 36. Without limiting any other rights and remedies available to Medtech, Medtech may, at its sole discretion, limit your activities on ManageMyHealth™ or refuse to provide you access to ManageMyHealth™ or any part of it if you:

  • a. breach these Terms of Use;

  • b. breach any ManageMyHealth™ policy;

  • c. breach any code of conduct; or

  • d. where Medtech considers any of your conduct, in its sole discretion, to be inappropriate.

• 37. In such an event, your access will be blocked and your information will be removed. You will be given the opportunity to obtain your information that you have provided. Health information received from your Healthcare Provider and other third parties can be obtained from the original source, and not through ManageMyHealth™.

• 38. Medtech may change the range of ManageMyHealth™ services or remove features at any time and for any reason.

• Dispute Resolution

• 39. You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms of Use ("Dispute") unless you have first complied with this Disputes Resolution section.

• 40. Where any Dispute arises, you (or your representative) and a representative of Medtech will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.

• 41. Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.

• 42. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.

• 43. Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

• General

• 44. If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country or area in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

• 45. These Terms of Use, the Privacy Statement and Code of Conduct supersede any and all prior oral or written communication on the subject matter contained in them.

• 46. Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:

  • a. Personally – when they are received;

  • b. By email – upon confirmation of receipt;

  • c. By overnight mail or conventional mail – two business days after sending; and

  • d. By facsimile – upon receipt of a successful transmission report.

• 47. Medtech may assign its interest in ManageMyHealth™ at any time and for the purposes of this agreement references to Medtech shall include any person or organisation to which it has licensed or assigned its rights and obligations.

• Minors

• 48. You are not permitted to use ManageMyHealth™ if you are 15 years of age or younger.

• New Zealand Use Only

• 49. These terms shall be governed by and interpreted in accordance with the laws of New Zealand which shall have exclusive jurisdiction over any disputes.

• 50. ManageMyHealth™ is specifically designed to be used in New Zealand only. If you choose to use ManageMyHealth™ outside of New Zealand you are solely responsible for adherence to the laws of the country from which you are accessing ManageMyHealth™.

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