Terms of Use

All information provided by us on our Websites is provided in good faith. You accept that any information provided by us is general information for personal and non-commercial use and is not in the nature of advice. It has not been prepared by taking into account the particular objectives, situation, health or needs of any individual users.

The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please consult your health care provider if you have, or suspect you have, a health problem. You should always seek the advice of physicians or other qualified health providers with any questions regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something on our Websites. Our Websites do not recommend or endorse any specific tests, products, procedures, opinions, or other information that might be mentioned on our Websites.

We derive our information from a variety of sources, which we believe to be accurate and up to date as at the date of publication. Where the health information provided has been developed by us, whether in our own right or in conjunction with any third party, that information is based on independent research and the available scientific evidence at the time of writing. Inclusion of information on our Websites or links to third party sites is not an endorsement of any organisation, product or service.

We reserve the right to update this information from time to time.

Although we have tried to ensure the content on our Websites is reliable, accurate and complete, we do not make any representations or warranties that such information is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. Any use of our materials on our Websites is at your own risk.

We and our employees, related parties, trustees, directors, officers, committee members, research fellows, servants, agents, board members, volunteers, contractors, subcontractors and collaborators are not liable for any loss or damage resulting from any action taken or reliance made by you on any information (including any health specific information) or material posted by us including as to its accuracy, currency and completeness. You should make your own inquiries and seek independent advice from relevant industry and/or health professionals before acting or relying on any information or material, which is made available to you.

All intellectual property on our Websites, including without limitation, the text, graphics, photographs, logos, icons, buttons, images, copyright works and trade marks, is owned by us (or by third party content suppliers). For the avoidance of doubt, the New Zealand Heart Foundation logo must not be reproduced or used in any way unless we provide prior written approval. We are the exclusive owner of all rights in the compilation, design and layout of our Websites.

Any goods, process or technology described in our Websites may be the subject of other intellectual property rights reserved by us. Nothing contained in these Terms of Use shall be construed as conferring on you by implication, estoppel or otherwise any license or right under any patent, trade mark, copyright or other intellectual property right of us or any third party. Any rights not expressly granted herein are reserved.

You must ensure that your access to our Websites is not illegal or prohibited by laws that apply to you.

You may access, view, reproduce and print the content on our Websites, provided you only use that content for informational and other non-commercial purposes (including without limitation, personal shopping), and any reproduction includes a prominent acknowledgement of our rights in the relevant content.

We reserve the right to prohibit links to our Websites, and you agree to remove or cease any link upon our request. You may not frame any part of the material on our Websites by including advertising or other revenue-generating material.

Our Websites may contain links to third party websites. These third party websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that any of our Websites links to.

The content of our Websites may include information or commentary provided by users or other third parties. We are not responsible for the content provided by users or third parties, and we are under no obligation to monitor or remove any third party content or user comments.

You agree to indemnify, hold harmless and defend us and our employees, related parties, trustees, directors, officers, committee members, research fellows, servants, agents, board members, volunteers, contractors, subcontractors and collaborators from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your use of or conduct on our Websites or from any content or messages posted or transmitted by you on or through our Websites. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

If you provide or contribute any content or other materials to us and/or to any of our Websites (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any User Content to any of our Websites or providing any User Content to us, you automatically and irrevocably:

• grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sub-licence;
• appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these Terms of Use;
• warrant that: (i) you are the owner of the User Content and entitled to enter into these Terms of Use, (ii) you have obtained all necessary permissions and licences for any third party materials necessary for us to exploit the rights granted to us in the User Content; and (iii) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.
   

Unless we agree otherwise in writing, if you are provided with password access to any of our Websites, that is provided only for your personal use. You are not authorised to give your password to any other party. You are authorised to print a copy of any information contained on our Websites for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from any of our Websites.

By ordering any of the goods described on our Websites, you acknowledge and agree that:

• the information you enter on our Websites to place an order is valid and correct in all respects; the goods described on our Websites are not intended to treat, cure, or prevent any disease and have not been represented as such; and the goods ordered are solely for your own personal use; and
• you acknowledge that, despite our reasonable precautions, goods may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the goods in question.

All prices (if any) listed by us on our Websites are in New Zealand dollars. All prices are listed inclusive of New Zealand Goods and Services Tax and are based on our then current price list, subject to variation in accordance with the Terms of Sale.

To the extent permitted by law:

• all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of our Websites or the content on or accessed through our Websites; and
• we will not be liable for any damage, loss or expenses, loss of profit, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of our Websites or the content on or accessed through our Websites.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty to:

• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired.

No provision of these Terms of Use is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993. However, if you are using our Websites or their content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

You agree to us using "cookies" to provide you with access to tailored information and services on our Websites and to serve you better when you return to our Websites. A cookie is a small data file that our Websites send to your browser, which may then be stored on your system for later retrieval by our Websites. Cookies track your movements through different websites, and are widely used on websites to help with navigation and to help personalise your experience when you visit a website.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information and/or password and identifier with any other person.

We use Google reCAPTCHA on our Websites for security and to protect against fraud and abuse. 

Google collects hardware and software information, such as device and application data, through reCAPTCHA only as necessary to provide, maintain, and improve reCAPTCHA, and for general security purposes.

Information submitted via reCAPTCHA is used only as necessary to provide and maintain reCAPTCHA, and ensure that reCAPTCHA’s security, threat detection, protection and response capabilities remain effective against evolving threats.  

Find out more about reCAPTCHA here:

• reCAPTCHA bot protection and online fraud prevention
• reCAPTCHA Service Specific Terms
• Google Cloud Data Processing Addendum
   

If any of these Terms of Use are found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through our Websites, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms of Use. In the event of any inconsistency between these Terms of Use and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.

Our Websites (including without limitation, the content on our Websites) have been prepared in accordance with the requirements of New Zealand law. These Terms of Use and any matters or disputes connected with our Websites will be governed by New Zealand laws and will be dealt with by New Zealand courts, and you agree to submit to the exclusive jurisdiction of New Zealand courts.