Terms and Conditions
This document contains important information that you need to consider before making an important decision.
The following terms and conditions constitute an agreement between you and Affinity Medical Imaging, "we," or "us", the operator of www.affinityimaging.co.nz (the "Site"). These terms of use (the "Terms of Use") govern your use of the Site, both as a casual visitor and as a registered user. By using the site, and/or by registering with us, you signify that you unconditionally agree to these terms of use, including that you consent to the information practices disclosed in our privacy policy which is incorporated herein by reference, and that you consent to resolve in New Zealand any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.
1. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorise the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.
2. Editorial Control
We make the Site available as a service to consumers and Providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted on the Site reviewed by the Site's editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Availability information may change or be out of date. Affinity Medical Imaging will make best efforts to confirm whether availability information is accurate before attempting to provide the Service (place a booking you make) through the site. Providers may contact you with information shared as per the Privacy Policy to confirm or offer to modify your booking. Healthcare service information: Healthcare services offered on the site may not be applicable to all patients, individuals, and clinical situations.
3. Your Personal Information
In order to use Affinity Medical Imaging services, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby unconditionally authorise Affinity Medical Imaging, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, Medicare number and contact information; current medical needs; and other information that is either requested by Affinity Medical Imaging or volunteered by you ("Personal Information") in order to provide the Services to you, in accordance with our Privacy Policy. Please review it carefully, as your use of the Site constitutes your agreement to the Privacy Policy.
4. Your Responsibilities
Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by Affinity Medical Imaging will apply and will be entirely your responsibility and will reflect the relationship between You and the Affinity Medical Imaging. You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services only for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorised access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree unconditionally that you shall not (and you agree not to allow any third party to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database related to the health care industry or Providers; reformat or frame any portion of the web pages that are part of the Site and/or the Services; fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services. In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
5. Changes to These Terms of Use
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then please do not use the Site.
6. Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the use of new services will be governed by these Terms of Use. You agree that Affinity Medical Imaging will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
7. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
8. Disclaimer of Warranties
You release us unconditionally from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the site or any other data or information provided or received through the site. Except as expressly set forth herein, Affinity Medical Imaging makes no warranties about the information systems, software and functions made accessible through the site or any other security associated with the transmission of sensitive information. Affinity Medical Imaging does not warrant that the site or the services will operate error-free, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.
9. General Limitation of Liability
Your sole and exclusive remedy for any dispute with us is the cancellation of your booking. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the site, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to register for the site or the services or (b) $1. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, through use of the service, even if we knew or should have known of the possibility of such damages.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including any attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
11. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your unconditional consent to enter into agreements with us electronically.
12. Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Affinity Medical Imaging to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
13. Choice of Law and Dispute Resolution
These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of New Zealand.
14. Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this agreement and shall be null and void.
15. Eligibility
You must be 18 years of age or over, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorised party of such individual. If you do not qualify under these terms, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is intended for New Zealand users; any use outside of New Zealand is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.