Terms & Conditions

By visiting or using this Website You agree to be bound by these Website Terms and Conditions (“Terms”). We may change these Terms at any time and will post the changes on the Website. If You disagree with the changes then You must stop visiting and using this Website.

1. DEFINITIONS

1.1 In these Terms, the following words have the following meanings:

Documents means any documents available from time to time on this Website.

Guide means any of the guides or articles available from time to time on this Website.

Our IP: means intellectual property owned or licensed by Us relating to Our Website including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.

Privacy Policy: means Our Website Privacy Policy available on this Website

Website: means this website.

We, Us and Our: means Absolute Radiology Limited.

You: means the person or organisation using the Website, including you as an individual, company, business or any other entity and Your has a corresponding meaning.

2. ACCESS AND USE OF THE WEBSITE

2.1 As a condition of you accessing our website you agree to access and use the Website  in accordance with these Terms and all applicable laws.

2.2 We grant You the right to access the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.

2.3 You may:

(a) temporarily download one copy of the Website content for personal, non-commercial transitory viewing only.

2.4 You may not:

(a) archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Website content;

(b) circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Website;

(c) use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website;

(d) reverse engineer, disassemble or decompile any software or software processes in relation to the Website;

(e) use the Website content for any commercial purpose, or for any public display (commercial or non-commercial);

(f) remove any copyright or other proprietary notices on the Website;

(g) install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Website.

3. OUR OPTIONS

3.1 Under these Terms, We may:

(a) edit or remove any content, features or functionality of the Website;

(b) monitor Your use of the Website;

3.2 If You breach these Terms, We may:

(a) suspend or terminate Your use of the Website; and/or

(b) take legal action against You.

3.3 We may terminate access to the Website at any time without notice.  Our No Warranty/Disclaimers and Limitation of Liability will survive such termination.

4. PRICING AND FEES

4.1 You agree and acknowledge that any information in respect of pricing and/or fees featured on our Website:

(a) despite Our efforts, may not be current as at the time of Your use;

(b) are only estimates and Our fees and pricing are at all times dependent upon the actual fees, costs and surcharges related to any services provided by Us as at the time they are provided; and

(c) is not legally binding in any way upon Us.

5. INTELLECTUAL PROPERTY

5.1 Your use of this Website does not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party.

5.2 You agree and acknowledge that:

(a) we retain all right, title and interest in and to the Our IP and You agree to not attack, dispute or contest the validity, or the ownership, of Our IP; and

(b) no ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms and that all use of Our IP under these Terms, continues for Our benefit.

6. PRIVACY AND COMMUNICATION

6.1 By using the Website, You agree to abide by and comply with Our Privacy Policy.

7. NO WARRANTY/DISCLAIMER

7.1 To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website.

7.2 You acknowledge and agree that:

(a) despite our efforts, the Website may not be up to date or current at your time of use;

(b) your use of the Website is at Your sole risk;

(c) the Website is provided “as is”; and

(d) the Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;

(e) We may cease to make available any of the Website content;

(f) the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Website;

(g) All information on the Website is general in nature and nothing on the Website constitutes medical advice and You waive any claim in respect of the same.

8. LINKED SITES

8.1 Our Website may contain links to other websites of which We do not have control, may not be secure and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content, accuracy, security and/or availability on those websites. 

9. LIMITATION OF LIABILITY

9.1 Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms, the Website, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (“Our liability”) is excluded to the fullest extent permitted by law. To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You are entitled to claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit. Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.

10. GENERAL PROVISIONS

10.1 Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply.

10.2 Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between You and Us.

10.3 No waiver: Any failure or delay by either You or Us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (“Right”) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of Ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms.

10.4 Assignment: You may not assign or transfer Your Rights or obligations under these Terms without Our prior written consent.  We may assign, transfer or novate any of Our rights and obligations under these Terms without Your consent.

10.5 NZ law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your Use of this Website and any other matter arising from these Terms are subject to the laws of New Zealand.  You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand.

10.6 Entire Agreement: Unless We otherwise agree in writing, these Terms constitute the entire agreement between Us and You in relation to their subject matter.

Privacy
Policy

Protecting your personal information is important to us. So is following New Zealand’s privacy laws. This Privacy Policy tells you how we will protect your privacy and collect and use your Personal and Health information (any reference to “we”, “us” or “our” is to Absolute Radiology Limited). Our Privacy Policy applies to anyone who uses this Website or engages our services.

“Personal Information” means any information that can directly or indirectly identify you or another person.

“Health Information” has the meaning given to it in the Health Information Privacy Code 2020.

1. YOUR RIGHTS

1.1 Personal Information

(a) If you don’t agree with our Privacy Policy or don’t want us to collect your Personal Information, then you shouldn’t use our Website and/or services. If you do not agree with our Privacy Policy anymore, then you should stop using our Website and/or Services. We’ll only use your Personal Information for the reasons that we collected it.

2. HEALTH INFORMATION

2.1 We must:

(a) Only collect information about you that we really need;

(b) Get it from you wherever possible and be fair about how we get it;

(c) Keep it secure;

(d) Dispose of it as soon as possible when we don’t need it anymore;

(e) Use it only for the purpose we got it;

(f) Only disclose it for good reason; and

(g) Only use your National Health Index number for health reasons.

3. INFORMATION WE COLLECT ABOUT YOU

(a) Your name, contact details, Health Information and IP address.

(b) Feedback you give us and your responses to our customer surveys.

(c) Any other information you give us in the course of providing our services to you.

(d) Please don’t give us Personal Information about someone else unless you have their permission and they know about this Privacy Policy.

4. HOW WE COLLECT YOUR INFORMATION

(a) From you directly (like when you provide your details to us).

(b) From you indirectly (like when you our Website or interact with is on social media).

(c) From other people (such as your doctor or other healthcare provider).

(d) From places where the information is publicly available.

5. WHY WE USE AND SHARE YOUR INFORMATION

(a) To help you use our Website.

(b) To provide you with our services.

(c) To respond to your questions and to tell you more about us.

(d) To facilitate our services.

(e) To operate and maintain our Website.

(f) For our internal records.

(g) For maintenance of your Health Information.

(h) To comply with our legal obligations.

(i) For any other purposes that you authorise.

6. SOMETIMES WE MIGHT SHARE YOUR PERSONAL INFORMATION OR HEALTH INFORMATION WITH:

(a) other healthcare providers associated with your care;

(b) government agencies such as district health boards, ACC or the Ministry of Health;

(c) if you are under the age of 16 years then your parents or guardians;

(d) if someone as acting for you as your personal care and welfare attorney or welfare guardian then that attorney(s) or guardian(s); and

(e) if you have permitted them, then your insurance provider.

(f) but we won’t share this information with anyone else, unless the law requires us to.

7. HOW WE PROTECT YOUR INFORMATION

(a) We have reasonable security safeguards in place against unauthorised access, use, modification, disclosure, loss or other misuse of your Personal and Health information.

8. SEEING OR CORRECTING YOUR INFORMATION

(a) You’re allowed to see what Personal and Health information we have about you, and you can ask us to correct it if you think it’s wrong.

9. COOKIES

(a) Cookies are small text files placed on your computer, mobile phone, tablet, or other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. This data often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. Some cookies are placed by third parties acting on our behalf. We may use cookies and similar technologies to store and honour your preferences and settings, enable you to sign-in, provide interest-based advertising, analyse how our service perform, and fulfil other business functions or operations set out in this Privacy Policy.

(b) To enable some of the features and functionality on our Website, you may need to permit us to place cookies on your device.  You can remove or block cookies by using the settings in your browser, but it may affect your ability to use our Website.

10. PRIVACY COMPLAINTS 

(a) If you think that we haven’t properly protected your privacy, please contact us or you may complain to the New Zealand Privacy Commissioner.

11. PRIVACY POLICY CHANGES

(a) If we change our Privacy Policy, then we will tell you about it on our Website. The changes will apply 14 days after we post them or otherwise as specified by us.

(b) If you don’t agree with the changes, you should stop using our Website. If you keep using our Website, then this will indicate that you have agreed to our changes.