Q Medical Weight Loss Terms and Conditions
These Terms and conditions apply to the transactions related to our services at Q Medical Weight Loss Clinic. You may be bound by additional contracts related to your relationship with us or any services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If any part of provision of the Terms is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.
We may in our reasonable discretion change these Terms, or any aspect of the subscription by posting the changes on our website. Your continued use of our services after any such change constitutes your acceptance of the change.
By registering with our practice, you hereby agree to be bound by these Terms and conditions set forth below. The use of our services implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
To access our services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
PAYMENT
You acknowledge that: a) All services may attract a fee; and b) you remain liable for all fees, costs and disbursements (e.g. Laboratory testing) charged by us for the services provided notwithstanding that these may be recoverable by us from a third party (e.g. insurance providers).
Unless otherwise agreed, all services shall be paid for by the due date. Q Medical Weight Loss Clinic may withhold further provision of service where there is any outstanding amount due except in an emergency.
CANCELLATIONS
A cancellation fee will be charged if you fail to keep an appointment or give less than 24 hours notice of cancellation. The fee charged will be at the standard consult rate for the time booked.
A fee can be charged for non-attendance or an appointment cancelled with insufficient notice.
PRIVACY
Q Medical Weight Loss Clinic agrees not to use or disclose any information more than is reasonably necessary in the circumstances for its genuine business purposes.
Q Medical Weight Loss Clinic may disclose my personal information in order to provide credit references to other agencies that request them, and for debt collection, repossession, credit reporting and other similar purposes.
Q Medical Website Terms of Use
These Terms and conditions apply to the transactions related to our services at Q Medical Weight Loss Clinic. You may be bound by additional contracts related to your relationship with us or any services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If any part of provision of the Terms is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.
We may in our reasonable discretion change these Terms, or any aspect of the subscription by posting the changes on our website. Your continued use of our services after any such change constitutes your acceptance of the change.
By registering with our practice, you hereby agree to be bound by these Terms and conditions set forth below. The use of our services implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
To access our services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
APPLICATION OF TERMS
These Terms apply to your use of the Website. By accessing and using the Website:
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you agree to these Terms; and
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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.
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.
YOUR OBLIGATIONS
You may not use our site or its content for any illegal or unauthorised purpose.
You must:
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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
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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 must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to enquiries@qmed.co.nz.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
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. You are not authorised to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website.
DISCLAIMERS
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:
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the Website being unavailable (in whole or in part) or performing slowly;
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any error in, or omission from, any information made available through the Website;
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any exposure to viruses or other forms of interference which may damage your computersystem or expose you to fraud when you access or use the Website. To avoid doubt, you areresponsible for ensuring the process by which you access and use the Website protects youfrom this; and
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any site linked from the Website. Any link on the Website to other sites does not imply anyendorsement, approval or recommendation of, or responsibility for, those sites or theircontents, 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.
LIABILITY
To the maximum extent permitted by law:
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you access and use the Website at your own risk; and
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we are not liable or responsible to you or any other person for any Loss under or inconnection 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.
PRIVACY POLICY
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
The personal information you provide to us is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
We may also collect technical information whenever visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on
your browser. However, if you do so, you may not be able to use all of the functions on the Website.
Generally, we do not disclose personal information to third parties for them to use for their own purposes.
However, some of the circumstances in which we may do this are:
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to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
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where you have provided consent; or
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where required by applicable law or any court, or in response to a legitimate request by a lawenforcement agency.
Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
You have the right to request access to and correction of any of the personal information we have.
SUSPENSION OR TERMINATION
If we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
GENERAL
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.