1.0 TERMS AND CONDITIONS
1.1 These Terms and Conditions govern the use of the WHS website at www.workhealthsolutions.co.nz (“the Site”). These Terms and Conditions are to be read in conjunction with the disclaimers to be found on the WHS website
1.2 Acceptance of Terms and Conditions: These Terms and Conditions are the terms on which WHS offers you access to its products, services, resources and Site. By engaging WHS you accept these Terms and Conditions. If you do not accept these Terms and Conditions you must refrain from using the Site and associated medical Services including personal consultations.
1.3 Amendment of Terms and Conditions: These Terms and Conditions may be amended in whole or in part by WHS from time to time. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Site. You are responsible for ensuring that you are familiar with the latest Terms and Conditions. Your continued use of the services represents your agreement to be bound by all Terms and Conditions as amended.
These Terms and Conditions were last updated in December 2010.
2.1 In these Terms and Conditions, the following expressions have the meanings set out:
‘Services’ mean any one or more of the services offered by WHS from time to time, including products and resources that WHS may offer from time to time;
‘We’ ‘us’ and ‘our’ are references to WHS;
‘You’ and ‘your’ are references to you;
‘Website’ means any WHS website through which the services, products and resources are offered;
3.0 SPECIFIC WARNINGS
3.1 The Site, including any content contained therein, are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.
3.2 WHS does not represent or warrant that:
(i) the Site or the content will meet your requirements or that the use of the Site or services will be uninterrupted, timely, secure or error free.
(ii) that the Site or any content available for downloading through the Site will be free of viruses or similar contamination or destructive features
(iii) that any information provided on the WHS Site is error-free or reliable.
3.3 Responsibility for the content of advertisements appearing on the WHS website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute the recommendation or endorsement of the advertised product or service by WHS. Each advertiser is solely responsible for any representation made in connection with the advertisement.
Limitation of liability
3.4 You assume all responsibility and risk for use of the Site including, without limitation, any of the Content or information contained therein.
3.5 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of WHS (or any of its directors, officers, employees, shareholders, partners, licensors or agents) to you or any other person under or in connection with these Terms and Conditions, or in connection with the services, or inability to use, the products, resources or services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, infringement of intellectual property rights, breach of statutory duty or otherwise. WHS’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including , without limitation, loss of profits, loss of data, loss of business or anticipated savings, general, special and exemplary damages and consequential and incidental loss.
3.6 You agree to release, indemnify, defend and hold WHS and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “WHS Parties”) harmless from and against any and all claims, proceedings, damages, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) or demands suffered or incurred by any WHS Party from any person arising out of or in connection with:
(i) any use or alleged use of the Site under your Name by any person, whether or not authorized by you;
(ii) or resulting from any communication made or Content uploaded/ downloaded under your Name that you post, submit, publish; or subsequently use outside the WHS Site.
3.7 WHS reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WHS’s defence of such claim.
3.8 WHS reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that WHS incurs when collecting the debt.
4.0 OCCUPATIONAL, MEDICAL AND HEALTH SERVICES
4.1 If you engage us to provide occupational medical or health services you agree to observe our terms of trade as follows:-
4.2 You acknowledge that the service you require may require multiple consultations and multiple sample testing. You agree to meet all laboratory or radiology and related examination costs incurred as part of the services supplied by us.
Basis of Payment
4.3 (a) Payment for services provided will be made by you at the time of each consultation unless otherwise agreed by us.
(b) Any unpaid fees or expenses will accrue interest at the rate of 12% per annum calculated from the date of the first consultation.
(c) Non-attendance at any scheduled examination will result in the full examination fee being paid by you unless 36 hours notice in writing is provided by you to us.
4.4 You acknowledge that the services provided by us are those of a Health and Medical Practitioner. We may retain personal information necessary to meet the professional and ethical obligations of a Medical Practitioner. You will provide any access required by us to such personal information retained by you during the term of this contract and after its termination to enable us to meet our professional and ethical obligations.
5.1 Any dispute concerning the interpretation of this contract shall, if the parties agree, be resolved with the assistance of a senior medical practitioner.
5.2 If the parties fail to negotiate a resolution of the dispute within 14 days of the identification in writing of such dispute then they shall appoint a mediator approve by LEADR (Lawyers Engaged in Alternative Dispute Resolution) and attempt to resolve the dispute by mediation. The costs and expenses of the Mediator shall be shared by the parties equally. If the parties cannot agree to a mediator, then the mediator shall be appointed by the President of LEADR.
5.3 If mediation fails, or either party elects to opt out of the mediation process, then the dispute may be submitted by either party to the jurisdiction of the appropriate Court in New Zealand.
6.0 APPLICABLE LAW
6.1 The Site is controlled, operated and administered by WHS from its offices in Upper Hutt, New Zealand. The Site can be accessed from all areas of New Zealand, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of New Zealand by accessing the Site, you acknowledge and agree that the terms of Membership will be governed under the laws of New Zealand applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the New Zealand with respect to the subject matter of the Site and Terms and Conditions. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
6.2 You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you first purchased services from the WHS Site, or such other address as you may advise us in writing to use, from time to time.
7.0 GENERAL PROVISIONS
7.1 You specifically agree and acknowledge that you have, reviewed these Terms and Conditions of Use, and you agree to be bound by them.
7.2 Our failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right.
7.3 If any provision or part thereof of these Terms and Conditions is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a Court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
7.4 WHS will use its reasonable endeavours to ensure the availability of its website and services, subject to any downtime required for maintenance. However WHS takes no responsibility for any system unavailability or for any loss that occurs as a result of its website or services being unavailable. Further, WHS assumes no responsibility for the corruption of data or information held by WHS.