Welcome

Welcome to the Life 100 website and related services (“Life 100” or the “Site”), an online e-commerce, information, and communications service provided by Life 100. These Terms of Use cover the uses for this Site, although additional conditions, restrictions, and policies, including the Privacy Policy, posted or referenced on the Site may also apply.

Who we are and how to contact us

Life100.co.nz is a site operated by Life 100 (“We”). Our office is located at 35 Allenby Ave, Devonport, Auckland 0624.

Life 100 is committed to developing and delivering health screening solutions that provide information to make informed choices that help optimise your future health outcomes. To contact us, please email shelley@life100.co.nz

Using our site

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

Our privacy policy also applies to you

Our Privacy Policy also applies to your use of our site.

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

User-Generated Content, Reviews, Feedback, and other Postings to the Site

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Site through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Life 100 that you have the legal right and authorisation to provide all User-Generated Content to Life 100 for the purposes and use of Life 100 as set forth herein. Life 100 shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner Life 100 desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world. Life 100 is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.

Life 100 does not regularly review posted User-Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User-Generated Content submitted to the Site. You grant Life 100 the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you make. Life 100 takes no responsibility and assumes no liability for any User-Generated Content submitted by you or any third party.

Not medical advice

The content, products, and services offered herein are provided to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered as a diagnosis or treatment or be used as a substitute for a diagnosis or treatment. This Site and its services do not constitute diagnosis or treatment. They are a tool to identify potential health risks. You should always talk to your health care provider for diagnosis or treatment, including your specific medical needs. We advise users always to seek the advice of a qualified health care specialist for diagnosis and treatment options.

IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN NEW ZEALAND AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 111 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Intended for users 18 and older

The Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site.

Acceptable use

You agree that you will not:

• Use this website for any purpose in violation of localor international laws.

• Use this Site as a means to distribute advertising or other unsolicited material to any third party.

• Use this website to post or transmit material that is defamatory, abusive, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful to any other person or entity, or that could encourage criminal or unethical behaviour

• Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this website.

• Violate or attempt to violate the security of the Site, including, without limitation:

  • accessing data not intended for Site users or logging onto a server or an account which Site users are not authorised to access;

  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or

  • accessing or using the Site or any portion thereof without authorisation, in violation of these Terms of Use or in violation of applicable law.

  • Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Account set-up

You agree to the following:

• You agree to provide true, accurate, current, and complete information when registering to use the Site and establishing an account (“Registration Information”).

• You agree to maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Life 100 has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Life 100 may suspend or terminate your account.

• You agree that you are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account.

• You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

Indemnification

You agree that you will defend, indemnify, and hold harmless Life 100 from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable lawyers’ fees and costs) against or incurred by Life 100 arising out of a claim by a third party relating to your breach of these Terms of Use or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Site, your use or access of the Site, access of this Site by anyone using your user ID and password, or any other actions taken by you on the Site.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

But, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the Police and we will co-operate with them, including by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact shelley@life100.co.nz

Governing law

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of New Zealand. We both agree to the exclusive jurisdiction of the courts of New Zealand.

Complaints

We are always looking for ways to improve our service to you. If something has gone wrong, we want to know.

Please send an email to shelley@life100.co.nz and tell us what has happened and how we can resolve matters. If you have any documents or correspondence that will help us understand your complaint, please attach them to the email.

When we receive your complaint, we will:

• acknowledge your complaint within 1-2 working days

• gather and evaluate information about your complaint

• respond to you within 20 working days.

If we cannot agree on how to resolve the complaint and it is of a medical nature, you can make a complaint to the Office of the Health and Disability Commissioner. They can investigate your complaint and provide you with advice and support. You can call them free on 0800 11 22 331.