Terms and conditions
WEBSITE TERMS AND CONDITIONS
We, us or our means Kiwi Health Check NZ Limited and the “Website” means kiwihealthcheck.co.nz
1. Health Information Disclaimer
1.1 We do not offer personal health or medical advice or diagnosis through the website. The content and information provided including the results of the {personal questionnaire} is general in nature and for informational purposes only, it does not constitute medical advice. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment.
1.2 Your results do not replace usual medical care. Please contact your doctor if you have any issues or concerns.
1.3 Always consult your doctor or qualified healthcare provider with any questions you may have regarding medical condition, procedure or treatment. We do not recommend or endorse any specific test, clinician, clinical care provider, product, procedure, opinion, service or other information that may be mentioned in the website, apps and content.
2. Application of Terms
2.1 These Terms apply to your use of the Website. By accessing and using the Website:
a You agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
2.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
3. Changes
3.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
3.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
4. Your Obligations
4.1 If you are given an entry code to allow you access to certain parts of the Website, you must keep your User ID secure and:
a not permit any other person to use your entry code including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to [email protected].
4.2 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any network, software or data, or otherwise attempt to damage or interfere with the Website or any underlying system; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
c not violate or attempt to violate any security measures on the website including attempt to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorisation
4.3 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email address
4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your entry code.
5. Disclaimers
5.1 To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators;
e the accuracy, reliability, completeness, currentness or timeliness of the content or of any content provided on the third party website of which you are directed.
5.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
5.3 Hypertext links
a This website will contain hypertext links to other websites that are not operated by us. These links are provided for your convenience and interest only.
b The inclusion of a link does not imply our endorsement of the site or any association with its operators.
c We will not investigate or monitor the hypertext links to other websites. You link to them at your own risk.
d We are not responsible for the information contained on any website that you link to from this website.
6. Liability
6.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
6.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
6.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
7. Privacy Policy
7.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you.
7.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
7.3 None of the tools used on this website capture any information that identify you unless you provide your contact details in a response to a request with them, e.g. when you request your results on this website. The questionnaire does not collate or record any personal data on our server.
7.4 We do not save any of information you provide to us after you leave the site. We give you the option to email the results to yourself and any other person you designate but once you leave the website we won’t save your email address.
7.5 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
7.6 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at email address.
7.7 No effort is made to identify individual visitors. Collated results are referred to above will be viewable by all website administrators. We may use Google analytics to analyse the audience of the website and improve our content. No personal information is collected from Google analytics.
7.8 The website uses Cookies to collect information about general website usage but these don’t store any data about you. We provide non-identifiable information about the way people are using the website, such as the number of visits and regions where people are accessing it from. This is to enable our website to be improved over time.
8. Suspension and Termination
8.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
8.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
9. General
9.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
9.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
9.3 For us to waive a right under these Terms, the waiver must be in writing.
9.4 Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.
9.5 Copyright and other intellectual property in the Website belongs to Kiwi Health Check NZ Limited.
9.6 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
9.7 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.