SECTION 1 - APPLICATION OF TERMS

These Terms apply to your use of the Website. By accessing and using the Website:

you agree to these Terms; and

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.

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.

 

SECTION 2 - CHANGES

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.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

These Terms were last updated on 1 August 2016.

 

SECTION 3 - DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means [insert your full legal name]

Website means www.otakaropathways.co.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

 

SECTION 4 - YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when submitting your details for a test), and must promptly update that information as required so that the information remains true, current and complete.

You must:

  • 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 Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
  • 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.

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 User ID.

 

SECTION 5 - INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

 

SECTION 6 - DISCLAIMERS

The results of your test will not determine if you have Crohn’s disease, and we do not claim this. Our test of your blood sample provided by you will support diagnosis, and/or will provide additional evidence to the cause of your disease.

The results of your test will determine if you have a presence (or not) of a particular mycobacterium.

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

  • the Website being unavailable (in whole or in part) or performing slowly;
  • any error in, or omission from, any information made available through the Website;
  • 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
  • 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.

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.

SECTION 7 - LIABILITY

To the maximum extent permitted by law:

  • you access and use the Website at your own risk; and
  • 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.

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 NZD250.

 

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 NZD250.