Terms and conditions of use of Medic Alert Foundation - New Zealand Incorporated web site

Last Updated: December 2009

Please read the Terms and Conditions carefully before using this Site.

  1. Terms and Conditions of Use of Site

    1. This web site (the "Site") is provided by Medic Alert® Foundation - New Zealand Incorporated ("MedicAlert"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By visiting or using this Site (collectively, "Use" of the Site), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other Content from this Site, or to send messages, information, data, text, software or images, or other Content to the Site, (collectively, the "Content"), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use. If you do not agree to abide by these Terms and Conditions, you should not Use this Site.
    2. MedicAlert has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
    3. These Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with MedicAlert.
    4. The MedicAlert web site security statement (Security Statement) as issued by MedicAlert from time to time also forms part of these Terms and Conditions.

  2. Participation and Jurisdiction

    MedicAlert makes no representation or warranty that Content at this Site is appropriate or available for use at any locations outside New Zealand. Accessing the Content from locations where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. If visiting this Site from a location outside New Zealand, you might prefer to visit sites offered by one of MedicAlert's other worldwide affiliates or MedicAlert Foundation International.

  3. Changes to Site

    MedicAlert may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site. MedicAlert reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

  4. Permitted Uses

    You agree to only Use the Site for lawful purposes, and to only send Content and receive Content that is proper and related to the particular MedicAlert® Foundation - New Zealand

    Incorporated services and MedicAlert (subject to the Terms and Conditions herein) grants you a New Zealand, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right, to so Use the Site solely for your own personal use. You may download or make a single copy of all or any part of the Content for your own personal use, provided you display our copyright and/or trade-mark notices on your copy (the line at the bottom of this page, and the symbols next to our designs).

  5. Prohibited Uses

    You may not, nor may you allow others to, directly or indirectly:

    1. remove, from any copy of the Content, the copyright or other proprietary notices contained in the Content; sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Content on any other web site; or transfer any of the Content to any other person without the prior written consent of MedicAlert;
    2. print or copy any of the HTML code or other computer software that is accessible at this Site;
    3. use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider, scraper or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part);
    4. create or use a false identity on this Site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorised access to this Site; or send to this Site or MedicAlert any incomplete, false or inaccurate information; or
    5. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; or delete or revise any Content posted on this Site.

    In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. MedicAlert will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. MedicAlert reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request or as provided for by the requirements of the MedicAlert Privacy Statement.

  6. Registration and Password

    Certain restricted areas of the Site, such as ManageMyHealth™ may require that you register in order to access such areas. You are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorised by you. You agree to immediately notify MedicAlert of any unauthorised use of your registration information or of any other breach of security of which you are aware.

  7. Proprietary Rights

    1. This Site, and its Content, with the exception of data you have provided to MedicAlert, is protected by New Zealand and worldwide copyright laws and treaty provisions. Any unauthorised copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Content. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of MedicAlert or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
    2. Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation MedicAlert.co.nz, constitute trade marks, trade names, trade dress and associated products and services of MedicAlert or its affiliates (the "Marks"), and are protected in New Zealand and internationally and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of MedicAlert is strictly prohibited. In order to indicate which items are trade-marks, MedicAlert may, without limitation, use a ™ or a ® symbol; or may use a differentiating font style.
    3. Other trade marks, trade names, trade dress and associated products and services mentioned on this Site may be the trade marks of their respective owners. The display of these trade marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trade marks or trade names. Any unauthorised use of them is strictly prohibited.
    4. MedicAlert considers all of its intellectual property to be very important assets of MedicAlert and will protect them from unauthorised use by others. Except as expressly provided herein, MedicAlert does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trade mark, copyright, trade secret, or confidential information, of MedicAlert or of any other contributor of Content to the Site.

  8. Advertising

    Any advertising used on this Site will be clearly marked as advertising or a sponsorship.

  9. Links and Disclaimers of Linked Sites

    Certain links on this Site may take you to other web sites. MedicAlert provides these links only as a convenience. These linked sites are not necessarily under the control of MedicAlert. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

    MedicAlert tries to ensure that this Site only links to sites that share our high standards of decency, fairness, and integrity. MedicAlert is not responsible for the privacy practices or contents of any such linked pages or any other pages not under its control. MedicAlert makes no representation or warranty regarding linked sites. MedicAlert does not endorse, any linked web sites, the information appearing thereon or any of the products or services described.

    Links do not imply that MedicAlert sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of MedicAlert. You agree that you shall not point or link from a site directly to content within this Site without the express prior written permission of MedicAlert. MedicAlert reserves the right to disable links from third party sites to this Site.

  10. Privacy Statement

    Any of your personal information which MedicAlert collects via this Site is subject to the MedicAlert Privacy Statement.

    To obtain a copy of MedicAlert's Privacy Statement or if you wish more information about our privacy practices or about how you may access, correct or update your personal information, please call 0800 840 111 or view our Privacy Statement online.

  11. User Communications

    Subject to any applicable law, the requirements of the MedicAlert Privacy Statement, any communications sent by or to you via this Site or otherwise to MedicAlert, with the exception of your medical record, are on a non-confidential basis, and MedicAlert is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. MedicAlert shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade mark, patent, unfair competition, trade practices, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.

  12. Disclaimers

    MANZ makes reasonable efforts to ensure that the content it provides on the site is accurate and current. However, you acknowledge that:

    1. MedicAlert makes no representation or warranty of any kind regarding the Site or the Content, and each Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content or any Service;
    2. the contents of the Site, including any medical information, are provided for informational and educational purposes only, are not intended to provide medical advice, and should not be relied upon in that regard;
    3. you will be solely responsible for any Content you provide the Site or otherwise provide to MedicAlert, including without limitation for its truthfulness and accuracy;
    4. the Site, the Content, and each Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Content shall be at your sole risk; and
    5. you are solely responsible for safeguarding your own computing environment and that you are solely responsible for safeguarding any personal or medical information you access on, or download from this Site.

    MEDICALERT AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES UNDER OR IN CONNECTION WITH THIS SITE, ANY CONTENT AND THE SERVICES. FOR GREATER CERTAINTY, MEDICALERT DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

  13. Limitation of Liability

    YOU AGREE THAT IN NO EVENT WILL MEDICALERT OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, ANY CONTENT OR ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES) EVEN IF MEDICALERT OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

  14. Indemnity

    You agree to defend, indemnify and hold harmless each of MedicAlert, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Content and the Services, or your breach of the Terms and Conditions.

  15. Choice of law

    This Site is controlled, operated and administered by MedicAlert from its offices within New Zealand. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of New Zealand, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree not to export any of the Content accessible through this Site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms and Conditions.

  16. Arbitration

    Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Wellington, New Zealand in English and governed by New Zealand law pursuant to the Arbitration Act 1996, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in New Zealand and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of New Zealand and to waive any objections based upon venue in any such action, suit or proceeding.

  17. General

    The Terms and Conditions, the Privacy Statement, the Security Statement and the Member Terms Statement constitute the entire agreement between MedicAlert and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between MedicAlert or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorised representative of both you and MedicAlert. Any MedicAlert failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions confer a benefit on, and are intended to be enforceable by MedicAlert and its affiliates for the purposes of the Contracts (Privity) Act 1982. Any and all references in the Terms and Conditions to MedicAlert and its affiliates shall, where the context so permits, include MedicAlert's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. MedicAlert may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

  18. Additional Terms of Use

    Certain areas of this Site may be subject to additional terms of use, all of which are incorporated by reference into the Terms and Conditions. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

  19. Questions on Terms and Conditions

    Should you have any questions regarding the Terms and Conditions, you may contact:

    Medic Alert® Foundation - New Zealand Incorporated
    Membership Services
    Level 8, CBD Towers
    Upper Hutt
    New Zealand

    Telephone: (04) 5288218 (Wellington) or 0800 840 111(toll free)