Terms & Privacy

 

Last Updated on Jan 21, 2021

TERMS

Please read these Terms and Conditions (“Terms”) carefully before using the healthfunction.co.nz website and related services (the “Service”) operated by Health Function Ltd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 20 years old and you are legally capable of entering into binding contracts. If you are under 20 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Health Function Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Health Function Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Health Function Ltd.

Health Function Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Health Function Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

The information contained on the healthfunction.co.nz website (the “Service”) is for general information purposes only. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Health Function Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Health Function Ltd assumes no responsibility for errors or omissions in the contents on the Service.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tort behavior, negligence or any other cause of action.

In no event shall Health Function Ltd be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of, or in connection with the use of the Service or the contents of the Service. Health Function Ltd reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Payments & Refunds

Fees are listed on the explore page of healthfunction.co.nz.

Fees inc GST are in NZD and subject to change without notice.

Fees are non-refundable and payment is processed online using a saved credit/debit card after every consultation.

Automated invoices and statements are available via the portal; further correspondence with insurance companies is not available.

Unless by prior written arrangement, any unused balance on pre-payment at the end of 1 year from date of purchase is forfeit.

The clinic may refund an amount, or adjust, suspend or cancel future payments, where it is required to do so by law. If required to refund any amount to you, the clinic will pay that amount to your Nominated Card or (at our option) adjust, suspend or cancel future payments to offset the amount due to you.

What longer term maintenance is associated with being a current client?

For current clients not seen for > 1 year, a minimum 60 min appointment is required.

Clients not seen within the last 2 years are discharged.

Cancellations/No-shows

The clinic provides a limited number of consult hours per week; each consult is important to both clients and the clinic.

To help avoid accidental no-shows, appointment reminders are sent 3 days prior to consult by email and then again the day before by SMS.

No-shows or cancellations within 24 hours of the scheduled consult deny access to the clinic for other clients.

Clients cancelling a followup to review a result put both themselves and the registered doctor at risk, hence terminating the patient-doctor clinical relationship.

Does the clinic offer Emergency or Primary Health Services?

Health Function does not take the place of usual GP medical care. Health Function does not provide General Practice services.  Patients are expected to continue enrollment with their GP. Health Function does not provide govt funded acute or emergency medical care.

Your consultations may include standard medical treatment in addition to Complementary and Alternative Medicine (CAM) therapies including nutritional, nutraceutical and herbal therapies, as well as potential investigation and treatment of environmental factors. This may differ from current medical guidelines and may not be scientifically validated. For further information about CAM refer MCNZ Doctors and CAM.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

PRIVACY

Health Function Ltd of 33 Atmore Terrace Nelson (NZBN 9429033178714) (“us”, “we”, or “our”) operates the healthfunction.co.nz website and services (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

General

The clinic is required to comply with the Privacy Act 2020 (NZ) and Health Information Privacy Code 2020, www.hdc.org.nz, www.mcnz.org.nz, www.rnzcgp.org.nz, www.ahpra.gov.au, www.racgp.org.au. The clinic is appropriately risk-managed via www.medicalprotection.org.

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information.

The purpose for which we collect personal information is to provide you with the best experience possible on the Service and for our internal business purposes that form part of normal business practices. Some provision of Personal Information is optional. However, if you do not provide us with certain types of Personal Information, you may be unable to enjoy the full functionality of the Service.

What information is collected

We collect personal information about you, which includes:

  1. your name; contact details; date of birth; gender; payment information; financial information; next of kin; who you live with;
  2. your health records (note that all health information is subject to the additional protections of the Health Information Privacy Code 2020);
  3. information which can include further health information, other documentation including photos, video and audio recordings;
  4. recordings of your interactions with our clinic; and
  5. your IP address and information about the technology you’re using when you access our website.

If you don’t supply this information

If you fail to provide the information we request (at any time), or the information we receive is not correct or complete, we may not offer you some products or services or some of their benefits.  Alternatively, we may stop providing you with products or services or some of their benefits.

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

We only disclose enough information to enable us to operate our business and provide our services. We take such steps as we reasonably can, for example seeking contractual protections, to restrict the use and onward disclosure of your personal information when it is disclosed overseas.

Communications

We may use your Personal Information to contact you with newsletters e.g. “last script requests need to be available by a certain date before the Xmas holidays”. You may opt out of receiving these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. We do not use social media to promote products and services or for re-marketing.

Compliance With Laws

We may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities.

We will disclose your Personal Information where required to do so by law, or subpoena, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement, or to protect the security or integrity of our Service.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

International Transfer & Cross Border Disclosure of Information

Your information, including Personal Information, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We only disclose enough information to enable us to operate our business and provide our services. We take such steps as we reasonably can, for example seeking contractual protections, to restrict the use and onward disclosure of your personal information when it is disclosed overseas.

In general, your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

In particular with respect to the New Zealand Privacy Act 2020, we disclose the following cross border transfers of Personal Information, where patients are expressly informed that information may not be given the same protection as provided by the New Zealand Privacy Act 2020:

In summary, in order to pursue a culture of independent medical outcomes balanced with security and privacy, we choose the best software services for the job.

To manage the business risk created by the NZ Privacy legislation, all patients from 1st December 2020 must sign a statement providing permission for a cross border disclosure of Personal Information.

Access and Correction

Please note that the access and correction requirements under this Privacy Policy operate alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information.

Storage & Retention of Information

We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information at our discretion and without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

We store your information in physical or electronic form ourselves, and we contract with third parties to store some information for us in New Zealand and overseas (including via cloud storage provided by third parties). We have taken reasonable steps to protect your personal information from any loss, unauthorised access, or other misuse.

We keep your personal information for as long as there is a business need or legislative requirement to retain it, for example to help us improve our Service, correct any errors that may arise, and to offer you other products and services in the future. You can ask us to delete your personal information at any time, and we will comply if we do not have a reasonable justification for not doing so.

Please note that even when we delete your personal information from our live systems, the information may continue to be stored indefinitely in our backup systems (both offline and online).

Links To Other Sites

Our Service may contain links to other websites for your convenience and information. We do not control the linked websites and suggest you review the privacy policies of those websites.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under 18 without verification of parental consent, we take steps to remove that information from our servers or replace it with the Personal Information of the Children’s parent or guardian.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Consent

You warrant that you are able to give consents under New Zealand Law or, in the event that you do not have the capacity to give consent, you warrant that your guardian or attorney is able to give any consent required under this Privacy Policy on your behalf.

You hereby expressly and voluntarily grant your informed consent to us to deal with your Personal Information in accordance with the terms and conditions of this Privacy Policy. Should you retract your consent, please contact us. If you retract your consent, you acknowledge and agree that failure to provide certain types of personal information may not give you access to the Service.

CONTACT US

If you have any questions about these Terms or Privacy Policy, please contact us if you have a portal login or post to 33 Atmore Terrace, Maitai, Nelson, 7010 with the following information:

– Your name and address;

– Details of the question or alleged breach of privacy

Please allow us 20 working days to investigate your complaint, after which we will contact you to resolve the issue.