Terms, Privacy & Disclaimer

 
 

Last Updated on June 23, 2019

TERMS

Please read these Terms and Conditions ("Terms") carefully before using the healthfunction.co.nz website (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 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-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 strongly 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

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.

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 behaviour, negligence or any other cause of action.

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 in NZ$ and subject to change without notice.

Payment of account in full is due on receipt of invoice in the portal.

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

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 are the longer term maintenance commitments/costs associated with seeing Cindy?

Once stabilized with initial treatment, ongoing maintenance is often suitable. An annual followup is a useful opportunity to audit any changes and take advantage of the latest medical research.

Generally it is recommended by the Medical Council that patients should see their prescribing doctor every 6 months (tele-health or in-person), however where the doctor deems the client to be stable an annual visit will suffice.

Registered clients who haven’t seen Cindy for 1-2 years will need an hour appointment minimum.

Registered clients who haven't seen Cindy for 2 or more years will need to re-register (a lot changes in 2 years).

Cancellations/No-shows

The clinic provides only 15 consult hours per week in the best interests of optimal outcomes for clients; 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. There is an active wait-list, hence while discretion is applied for extenuating circumstances, cancellations/no-shows within 24 hours of the scheduled consult deny access to service for other clients and incur a 100% cancellation/no-show fee. Unless there are extenuating circumstances, no further services will be available in the event of a cancellation/no-show until all outstanding fees are settled.

To manage Medical Council compliance risks, clients cancelling the followup appointment for a lab test test ordered through Cindy will result in test results being mailed to the last known address and termination of the clinical relationship.

Does Cindy offer Emergency or Primary Health Services?

No.

From the Medical Council’s perspective, your appointments with Dr Cindy de Villiers are for a Complementary and Alternative Medicine (CAM) consultation. For information about CAM, refer MCNZ Doctors and CAM

Health Function provides Complementary Medical care that 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. 

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. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

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 ("us", "we", or "our") operates the healthfunction.co.nz website (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. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at healthfunction.co.nz

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name ("Personal Information").

The purpose for which we collect personal information is to provide you with the best service 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.

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.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

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.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

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

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.

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

Regulatory

Cindy, staff and suppliers make every attempt to comply with the Privacy Act 1993 and Health Information Privacy Code 1994. Every patient interaction is subject to review by the relevant authorities including: www.hdc.org.nz, www.mcnz.org.nz, www.rnzcgp.org.nz, www.ahpra.gov.au, www.racgp.org.au.
Equally Cindy is a member of www.medicalprotection.org.

Access and Correction

Please note that the access and correction requirements under this Privacy Policy operates 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, including the requirements under the Freedom of Information Act 1982. 

Complaints

You may make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the details above with the following information:

- Your name and address;

- Details of the alleged breach of privacy; and 

- URL link to the alleged breach of privacy (if applicable). 

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

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 in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

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.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

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 full functionality of the Service.

DISCLAIMER

The information contained on healthfunction.co.nz website (the "Service") is for general information purposes only.

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

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.

Health Function Ltd does not warrant that the website is free of viruses or other harmful components.

External links disclaimer

healthfunction.co.nz website may contain links to external websites that are not provided or maintained by or in any way affiliated with Health Function Ltd. Please note that the Health Function Ltd does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

CONTACT US

If you have any questions about these Terms, Privacy Policy or Disclaimer, please contact us.