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Terms of Use
  1. Terms and Conditions
    1. MedScreen Limited (“MedScreen”), through this website (www.medscreen.co.nz) (“the Website”) and mobile software application (“the App”), provides medical and health related screening and monitoring services and medical service provider referral services (“Services”) subject to the following terms and conditions of use (“Terms”). Together, the Website and the App are referred to as “Applications”.
    2. The Terms are the terms on which MedScreen offers you access to the Services and the Applications. Any use of, or access to the Applications and the Services constitutes your acceptance of these Terms and MedScreen’s Privacy Policy without qualification. If you do not accept these Terms, you must refrain from using the Services and the Applications.
    3. When using or accessing the Applications, you agree that you must comply with any applicable third-party terms of agreement and any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into these Terms.  These Terms are between you and MedScreen, and not any other third party, including Apple, Inc. (“Apple”).
    4. These Terms may be amended in whole or in part by MedScreen from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Applications. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the Terms as amended.
  2. Disclaimer
    1. The materials, information, surveys, products and statements (together referred to as “Contents”) contained in the Applications and the Services are provided “as is” and “as available” and are not intended to diagnose, treat, prevent or cure any disease, illness, injury, condition or ailment. The Contents and the Services are for informational purposes only and MedScreen makes no claim to the accuracy or fitness for a particular purpose. The Contents and the Services should not to be construed as a substitute for treatment, professional medical advice or attention by a qualified practitioner.
    2. The Contents and the Services cannot and should not be used as a basis for diagnosis or choice of treatment. The Contents and the Services are not exhaustive and cannot always reflect all the most recent research in all areas of medicine. The Contents and the Services present the more commonly found aspects of medical conditions which are likely to be of general interest.
    3. MedScreen makes no warranty or representation that:
      1. The Contents or the Services will meet your particular requirements;
      2. The Applications will be uninterrupted, timely, secure, or error-free;
      3. The results that may be obtained from the use of the Applications, the Services or the Contents will be accurate or reliable; and
      4. The quality of any products, services, information, or other material purchased or obtained by you through the Applications will meet your expectations.
  3. Third Parties
    1. The Applications provide users with details of doctors, hospitals and other third-party healthcare providers (“Third-Party Providers”).  Additionally, the Applications provide users with the ability to exchange certain information with Third-Party Providers.  
    2. MedScreen provides referral services on behalf of Third-Party Providers to patients or prospective patients (including users of the Applications).  MedScreen also provides Third-Party Providers with the opportunity to create their own Premier Listings, Profile Pages or mini-websites.  MedScreen may charge Third-Party Providers a fee for the services and opportunities described in this section.  Although MedScreen reserves the right (but does not have the obligation) to monitor, it does not control the content contained within, Premier Listings, Profile Pages or mini-websites (including the availability of open appointments), and assumes no responsibility or liability of any kind for any inaccuracies (including inaccuracies regarding available appointments, insurance accepted or network participation) contained therein, or for any qualifications, reference materials or other content available therein.
    3. MedScreen allows you to submit and store the name of your insurance provider but does not provide any information regarding coverage available, healthcare costs, or doctors and hospitals participating in your plan.   You should contact your insurance carrier or plan administrator (“Payors”) for this information.  
    4. MedScreen is not responsible for, and shall have no liability in connection with, any transactions or disputes between you and Third-Party Providers or Payors.   If you have a dispute with a Third-Party Provider or Payor, you agree to release us (and our employees and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes.
  4. Intellectual Property
    1. MedScreen grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you (or, if you downloaded the App from the Apple App Store, on any Apple device running the iOS operating system that you own or control) solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.
    2. You acknowledge and agree that the Applications and the Contents and any information presented to you through the Applications and the Contents contains intellectual property that is protected by copyrights, trademarks, service marks, or other proprietary rights and laws. Except as expressly authorised by MedScreen, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Applications and the Contents in whole or in part.
  5. User Names, Passwords and Security
    1. You may be required to register with MedScreen to access the Services or areas of the Applications.  With respect to any such registration, MedScreen may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
    2. Your user name and password are for your personal use only, and not for use by any other person.  You are responsible for maintaining the confidentiality of any password you may use to access the Applications, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Applications, to any third party.  You are fully responsible for all interaction with the Applications that occurs in connection with your password or user name.  You agree to immediately notify MedScreen of any unauthorised use of your password or user name or any other breach of security related to your account or the Applications, and to ensure that you “log off”/exit from your account with the Applications (if applicable) at the end of each session.  
    3. You acknowledge and agree that MedScreen shall not be liable for any loss or damage arising from your failure to comply with any of the obligations contained in this section 5.
  6. Liability
    1. The Applications may provide, or third parties may provide, links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of MedScreen and MedScreen is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
    2. MedScreen does not warrant, guarantee or make any representations regarding the security of the Applications, or that the Applications is free from destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage.
    3. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of MedScreen to you or any other person under or in connection with these Terms, or in connection with the Services, the Applications, the Contents, any advertisements, products or medical service providers recommended, provided or distributed through the Applications, or your use of or inability to use, the Services, the Contents or the Applications, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. MedScreen 's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  7. General
    1. If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
    2. These Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms.
    3. These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
  8. Credit Cards
    1. Credit Card data will be handled by the online payment gateway provider - DPS.
  9. Privacy Policy
    1. Your privacy is very important to MedScreen Limited (“MedScreen”). This Privacy Policy discloses how MedScreen collects, protects, uses and shares Personal Information gathered about you, in conformance with the Privacy Act 1993. All Personal Information is collected in a fair and non-intrusive manner, with your voluntary consent. MedScreen respects the privacy of our customers and other users of our services that may choose to provide Personal Information. We recognise the need for appropriate protections and management of Personal Information that you provide to us.

      In an effort to comply with the law, and our commitment to protect your Personal Information, we provide the following, which discloses our policies that apply across all of our services:
  10. Collection of data
    1. Personal Information is any information about an identifiable individual. Personal Information may include but is not limited to: identifying information such as name, telephone number and e-mail address. Where the collection of Personal Information is necessary, you will be aware that such information is required because you will have to provide personal details when utilising or enquiring about our services. The Personal Information that you submit is gathered only on a voluntary basis; you may choose not to provide Personal Information which may mean that you unable to access certain services.
  11. Disclosure of data
    1. MedScreen will use the information received to provide MedScreen’s services and to improve the content of its website (www.medscreen.co.nz) and its mobile software application. In order to provide the services, your personal data may in some situations be seen by third parties, such as doctors or operations and maintenance contractors repairing and maintaining MedScreen’s technical systems.

      We do not sell Personal Information to third parties. Except as described in this Privacy Policy, MedScreen will not disclose or share your Personal Information with a third party, unless a you request or consent to such disclosure, or unless such disclosure is required or authorised by law. MedScreen reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order legally requires or authorises us to do so.

      Any information collected by MedScreen will be treated confidentially.

      Please remember that any information you reveal, including personally identifiable information in a public forum such as a discussion forum or a chat, is not subject to this Privacy Policy and can be seen by third parties unrelated to MedScreen. It is therefore important that you carefully consider what information you disclose in these areas.
  12. Cookies Internet Users
    1. In addition to Personal Information, we use data collection devices such as "cookies" on certain web pages to help analyse our web page flow and measure promotional effectiveness. Cookies are pieces of information a website sends to an individual’s hard drive while they are viewing the website. Cookies allow the website to remember important information that will make your visit to the site more useful. We use cookies to help improve your future visits. If you do not wish to receive a cookie or if you wish to set your browser to warn you each time a cookie is being sent, or if you wish to turn off all cookies, use the options on your browser to assist you. The Help option on your browser may assist you in changing your cookie preferences.
  13. Links to other web sites
    1. This Privacy Policy applies to the collection of Personal Information by MedScreen associated with the provision of its services to you. The MedScreen website (www.medscreen.co.nz) and mobile software application may contain links to third party web sites for your convenience and information. MedScreen does not control those sites or their privacy practices. We do not endorse or make any representations about third party web sites. The personal data you choose to give to unrelated third parties is not covered by this Privacy Policy. We encourage you to review the privacy policy of any company or web site before submitting your Personal Information. Some third parties may choose to share their personal data with MedScreen; that sharing is governed by that third party’s privacy policy.
  14. Children and Data Collection
    1. We care about the safety of children. We will not knowingly allow anyone under 13 to provide us any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail addresses, and phone numbers) over the Internet.
  15. Storage, Retention and Accuracy of Personal Information
    1. MedScreen ensures that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorised use or disclosure of your Personal Information.

      MedScreen will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose(s) remains valid after termination of our relationship with you.

      MedScreen takes all reasonable steps to ensure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.
  16. Contact Information
    1. You may contact us to access, or request correction or deletion of your Personal Information. However, if you have any complaints or any questions relating to this Privacy Policy, please do not hesitate to contact us.
  17. Changes to our Privacy Policy
    1. We reserve the right to modify this privacy statement at any time; the changes will always be updated and posted on our website, so please review it frequently. If we make material changes to this policy, we will notify you in this Privacy Policy, by email, or by means of a notice on our home page.

      This Privacy Policy was last updated on: 18 February 2014.

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