ERH Associates Ltd (Endocrine & Reproductive Health Associates Limited) (trading as “ERH Associates) (‘we’, ‘us’, ‘our’) is a group of qualified Endocrinologists specialising in endocrine and reproductive health. These general terms and conditions (‘Terms’) apply to all users of our website (https://erhassociates.co.nz/) (the ‘Website’), mobile applications (‘App’ or ‘Apps’) and any other platforms or electronic content provided by us from time to time (together the ‘Platforms’). These Terms constitute an agreement between you, the Platform user (‘you’, ‘your’) and us. By accessing or using any of our Platforms you agree that you have read, understood and accepted these Terms and you agree to be bound by them. If you do not agree to be bound by these Terms, you must stop accessing and using the Platforms and related services.
1. Jurisdiction:
The Platforms are operated by us from New Zealand. The information on the Platforms may not be appropriate or available for use in other jurisdictions. If you choose to access the Platforms from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
2. Disclaimer:
From time to time we may publish content on the Platforms which relates to the services we provide, including social media posts, blog posts or links to external resources. Information provided on our Platforms constitutes general medical information and/or opinions, and the availability of information on the Platforms is for informational and educational purposes only. Except to the extent required by applicable law, we do not warrant that the information available on the Platforms is accurate and complete or suitable for any specific purpose. In using the Platforms you acknowledge and agree that:
a. Content published by us:
Content published by us on the Platforms does not constitute individualised medical advice or opinions, and should not be taken as a recommendation, endorsement, opinion or guidance by us regarding the suitability of any particular health product, service or treatment for your personal circumstances. While we do our best to ensure that the information we publish on our Platforms is accurate, as current clinical practice and the available evidence base is always evolving, we cannot warrant that any information we publish to our Platforms is accurate at the time of reading.
b. Third party content:
Third party resources may be published, hyperlinked to or otherwise referred to on our Platforms. These are resources we have, at the time of publishing, identified as providing potentially useful information. We are not responsible for the contents of third party resources, nor any inaccuracies in those resources, or any changes to content published to third party platforms over time. References to third party resources on our Platforms should not be taken as a recommendation, endorsement or opinion regarding any particular information source nor the underlying information, including any particular health product, service, practitioner or treatment. We do not benefit financially from promoting any third party resources referred to on our Platforms.
Information provided on our Platforms is not intended to replace individualised advice, opinions or services from your medical practitioner. We strongly recommend that you consult a qualified medical professional before acting on any of the information or material provided or referred to on the Platforms. Use of information and content contained on the Platforms is, to the maximum extent permitted by law, at your own risk. We are not responsible for any adverse consequences arising out of such use or reliance on any information or documentation provided via the Platforms.
3. Limitation of liability:
To the fullest extent permitted by law, we exclude:
a. all warranties and representations in relation to the Platforms (including in any content on the Platforms and services provided through the Platforms) whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Platforms; and
b. all liability in relation to the Platforms whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
If either or all of the limitations of liability above are held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).
4. Privacy Policy and Personal Information:
Information collected through your use of the Platforms may include your personal information, and you agree to the terms of our privacy policy By registering to use any of our Platforms, or otherwise providing us with your contact details, you consent to receiving marketing, promotional and other material from us, including by way of electronic messages.
5. Registration and accounts:
To gain access to certain features of the Platforms you may need to register an account with us by entering a valid email address and accurate, current, and complete information about yourself as prompted by the online registration form. In addition, you must select a password. You may not sell, exchange, trade or auction your account. Where you complete a registration in relation to any of the Platforms:
a. Password security: You will ensure that all usernames and passwords required to access the Platforms are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security.
b. Account transfer: You may not transfer your account to another user or maintain more than one account with us without our consent.
c. Registration data: You confirm that the data you provided to us on registration was at the time you provided it current, complete, true and accurate, and you agree to maintain and update the data as required to keep it so.
d. Reliance upon password: You release us from, and renounce, any claim in respect of or arising from any reasonable reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your password.
e. Suspension and termination: We may, at our sole discretion, suspend or terminate your account and limit your access to the Platforms.
6. Use of Platforms:
You must, when using the Platforms:
a. if you are using any of our Apps, download and use the latest version of the App;
b. not use the Platforms for any purpose that is unlawful, criminal or prohibited by these Terms, or otherwise breach any applicable law or regulation; or
c. not transmit or upload any information to the Platforms which is not true and correct or which is or may be misleading or deceptive;
d. not engage in any other conduct that we in our absolute discretion consider inappropriate;
e. not transmit or upload any information to the Platforms in breach of any intellectual property laws, rights of privacy or any other applicable laws;
f. not, either knowingly or otherwise, provide a materially false or fraudulent statement, detail or information when registering an account with us or otherwise in connection with your use of the Platform;
g. not resell, resupply, publish or distribute copies of any materials, data, content or other information made available through the Platforms, to any third party;
h. not copy, modify, adapt, enhance, decompile, disassemble, reverse engineer or transmit the Platforms (or any part of them), or attempt to do the same, without our express written consent, except as expressly permitted by the law;
i. not attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Platforms including any mechanisms used to restrict or control the functionality of the software;
j. not remove any copyright, trade mark, or proprietary rights notices included in or on the Platforms and any materials or information accessed through the Platforms; and
k. not engage in any conduct that may disrupt or interfere with the operation of the Platforms or interfere with other users’ use and enjoyment of the Platforms.
7. Communication tools:
To the extent the Platforms contain, or make available, any communication tools (such as any forum, chat room or message centre), if you use such communication tools you agree only to use them for lawful and legitimate purposes only. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Platforms, including (without limitation) offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Platforms, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Platforms, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Platforms are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: info@erhassociates.co.nz
8. Purchasing services via our Platforms:
From time to time we may make services, including online courses relating to endocrine and reproductive health, available for purchase on our Platforms. If you choose to purchase services from us via our Platforms, you acknowledge that further terms and conditions may apply to the purchase and/or use of those services (‘Additional Terms’). Any Additional Terms (including any terms relating to the processing of payments by our appointment payment providers) will be provided to you prior to purchase, and you may be required to agree to such terms in order to proceed with your purchase. Unless expressly agreed in the Additional Terms, to the maximum extent permitted by law, these Terms, including all disclaimers and limitations of liability, will apply to your use of services made available for purchase via our Platforms.
9. Intellectual Property:
The Platforms, including all materials displayed on, or accessed through the Platforms, are protected under copyright and other laws of New Zealand. Unless otherwise stated, copyright and other intellectual property rights in the Platforms and all material published shall belong to us or our licensors. The software that operates the Platforms may include proprietary software and you are not permitted to use such software except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference of such elements is strictly prohibited. You may copy and store content from the Platforms only for your own personal use, provided that you maintain all copyright and other notices contained in it. Any trademarks appearing on the Platforms belong to us or our licensors. You are not permitted to use or reproduce, or allow anyone to use or reproduce our trademarks for any reason without our prior written permission.
10. Indemnification:
You agree to indemnify us against any cost or liability we incur or have to pay in dealing with any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Platforms in breach of these Terms and there is no need for us to suffer loss or damage before enforcing this right of indemnity.
11. Apple:
Where you download, install or use any of our Apps on an Apple mobile device, you acknowledge and agree that:
a. these Terms are an agreement between you and us and not between you, and Apple, Inc. nor any subsidiary of Apple, Inc. (‘Apple’);
b. Apple has no responsibility or liability in respect of any matter relating to the App or its content, including your use or possession of the App, maintenance and support of the App, product warranties, product liability claims and claims relating to infringement of third party intellectual property rights;
c. you will direct any questions, issues or claims to us using the contact details below;
d. you will comply with applicable third party terms of agreement when using the App; and
e. these Terms supersede any agreement between you and Apple in relation to your use of the App.
You represent and warrant that you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region, nor are you listed on any U.S. Government list of prohibited or restricted parties.
We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.
12. Android:
Where you download, install or use any of our Apps on a mobile device running an Android operating system, you acknowledge and agree that:
a. these Terms are an agreement between you and us and not between you, and Google, Inc. nor any subsidiary of Google, Inc. (‘Google’);
b. Google has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and
c. these Terms supersede any agreement between you and Google in relation to your use of the App.
We and you agree that Google, and any Google subsidiary, are third party beneficiaries of these Terms and that Google has the right to enforce these Terms against you as a third party beneficiary.
13. Severability:
If any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining Terms will be binding on the parties.
14. Changes to these Terms:
We reserve the right to add to, modify, suspend, or remove the Platforms or any information, material or feature incorporated in the Platforms at any time and without notice. We reserve the right to change these Terms from time to time by amending the Terms. By continuing to access or use the Platforms following notification of those changes, you accept the revised Terms.
15. Electronic Transactions Act:
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications, including in terms of Part 4 of the Contract and Commercial Law Act 2017.
16. Waiver:
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition, or our rights to later enforce that or any other term or condition. Further, no waiver by us, in exercising any right, power or provision in these Terms shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in exercise of any power or right be interpreted as a waiver.
17. Suspension:
If you breach any of these Terms we may suspend (at our absolute discretion) your account (if applicable) and your use of the Platforms or particular features of the Platforms effective immediately and without prior notice.
18. Termination:
You or we may terminate your this agreement and your account (if applicable) at any time for any reason (including without limitation, a failure by you to comply with any of these Terms). Once terminated, you cannot access the affected features of the Platforms in any manner or for any reason without our express written consent.
19. Law:
These Terms shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.
20. Entire Agreement:
These Terms set out the entire agreement and understanding between you and us in relation to the Platforms and supersede all prior understandings of any nature between us in relation to the Platforms.
21. Contact:
If you have any questions or concerns in relation to the Platforms or these Terms please contact us by emailing info@erhassociates.co.nz
Website and App Terms of Use
ERH Associates