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Please read these terms of service carefully, before you use this site.
These terms of service apply to our mutual rights and obligations.
Information on this website is provided for informational purposes only and is not a substitute for professional medical advice. You should not use the information on this website for diagnosing or treating a medical condition. If you have or suspect you have a medical problem, promptly contact your professional healthcare provider.
1. Public and secure sections of this website
If you choose to subscribe to measureme.com, you will be asked to accept these Terms Of Service. By ticking the 'Accept' tick box, you indicate your acceptance. If you want any clarification, please email enquiries@measureme.com.
www.measureme.com is a website consisting of two sections:
- A public section usable by anyone ('general users').
- A secure section usable only by subscribed users ('members' and their nominated 'account operators').
The public section consists of text and graphic information, tools and calculators. All these are 'free to use' to individual users ('general users'). The information is necessarily generalised and does not constitute individualised medical advice.
2. Our commitment to you
measureme.com will make every reasonable effort to ensure that the information on the public section of the website is current, and soundly based in scientific and medical research.
Our commitment to users of the secure section:
On the secure section, people who have subscribed to measureme.com will be able to:
- Create and maintain their own folder and diary of weight and measurement information, including text and photos.
- View and print charts and reports with interpretive information based on the statistical population categories into which user data fits.
- Grant secure, selective access to third parties.
measureme.com will take all reasonable measures to protect your personal information stored in your folder and diary against loss or unauthorized access.
We will take all reasonable measures to ensure the accuracy of charts, reports and interpretive feedback. However, such charts, reports and feedback do not constitute individual medical advice. They are intended to provide useful information to help you manage weight-related health issues, and users are advised to seek the advice of their doctor or other qualified medical advisor in their own health management.
measureme.com reserves the right to terminate your subscription at any time and will make a proportionate refund of the subscription made.
3. Your commitment to measureme.com
You agree that:
- You have read these Term Of Service.
- You will keep your password to your folder and diary confidential.
- You will only use our website for the purposes intended. We may monitor the usage of our website and bar any user from access, if such user fails to abide by these terms or generally accepted standards of use of the Internet.
Duties of people that you permit to access your records
You agree to make sure that everyone who accesses our website using your password, will also meet the above obligations.
4. Charges and tax
We may quote charges on this website in currencies including: New Zealand dollars (which are quoted inclusive of New Zealand goods and services tax (GST)), U.S. dollars, Australian dollars and from time to time other currencies.
Where charges are quoted, we will state the currency applicable.
We reserve the right to vary the charges quoted on this website from time to time without further communication.
Under New Zealand law 12.5% GST is payable in respect of the services to the extent they are provided in New Zealand.
No GST is payable for services supplied directly overseas.
When services are deemed to have been provided in a country other than New Zealand, all duties, tariffs and taxes, and other similar charges imposed by any competent body of that country are your responsibility. You agree to keep us indemnified and protected against any liability.
5. Compensation and liability
We exclude all liability we may have to you in respect of any service we may provide. This exclusion also applies for the benefit of the following:
- Any company owned by us.
- Anyone else who is requested by us or by any company owned by us to perform a service at your request.
6. Your information
In our procedures governing collection, storage and disclosure of information about you, we comply with New Zealand's Privacy Act 1993. Our procedures are detailed in our privacy statement. We have security measures in place to prevent unauthorized access to your personal information.
7. Intellectual property rights
All designs, text, graphics, marks, logos, software, source code, and all other material on our website are our property or the property of someone who has allowed us to use it. Except as permitted under our copyright statement, no part of our website may be reproduced without our written permission except for the purpose of requesting services from us.
8. Links to and from other websites
We provide selective links to other websites as a service to users seeking specific information. However, we can accept no responsibility for the content of any websites linked to from within our website, nor for any other site that links to www.measureme.com.
9. Law applying to these terms
To the extent legally permitted:
- These terms shall be governed by and interpreted in accordance with the laws of New Zealand.
- Any claim or dispute arising out of or in connection with our service to you, must be started within one year from the date of the event, act or omission you are complaining about.
- If any dispute arises that cannot be amicably settled between the parties, the parties shall without prejudice to any other right or entitlement they may have under this agreement or otherwise, explore whether the dispute can be resolved by the use of mediation. The rules governing such mediation shall be agreed between the parties or as selected by the New Zealand Chapter of LEADR (Lawyers engaged in Alternative Dispute Resolution).
- In the event that the parties cannot resolve such dispute through mediation, it shall be finally resolved by arbitration under the Arbitration Act 1996 (New Zealand), and shall be conducted by one arbitrator appointed in accordance with the provisions of that Act.
10. Altering these terms of service
We may from time to time alter these terms of service as we see fit, without further notice.
11. Communicating with you
You authorise us to send emails to the last email address you have given us. Such emails may refer to the provision of services but will not disclose the contents of any health record or any other personal information, except where you request us to send your information on a subscription expiry, as detailed in our privacy statement,under how we deal with your information on expiry of your subscription. We can assume that any email has been received by you when we have sent it to the last email address you have given us.
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