Terms and Conditions of Use

Introduction

This website, Whole Person Healthcare, and the self-help pathway, Illness Explorer, is provided as a free resource for people to use to explore their own personal story and discover how it may affects their health and well-being.

It is not intended to be a substitution for other forms of medical treatment appropriate to your condition. If in any doubt please consult your doctor or relevant clinician.

By accessing or utilising this website Whole Person Healthcare, and the self-help pathway, Illness Explorer, you represent that you have read and understood the Terms and Conditions of Use and accept and agree to be legally bound by our Terms and Conditions of Use.

If you do not want to be legally bound by our Terms and Conditions of Use you should exit the website

Terms and Conditions of Use

In these Terms and Conditions of Use “we” or “us” means this website, Whole Person Healthcare, and the self-help pathway, Illness Explorer, “you” means you, the person using this website, Whole Person Healthcare, and the self-help pathway, Illness Explorer, and “services” covers all goods and services of any kind we or any person provide you through this website and pathway.

General

There may be consumer legislation, by which we mean any compulsory provision of law of a legislative or regulatory nature passed by a competent body, which may apply to services we provide to you or any other person through our website. Our Terms and Conditions of Use are subject to the provisions of any such consumer legislation, if applicable, which takes priority over them.

If you are acquiring our services where consumer legislation applies to the supply, none of your rights under any relevant consumer legislation shall be reduced by these Terms and Conditions of Use, which shall apply to the extent legally permitted.

If you are acquiring our services in circumstances where either:

a)     No compulsory provisions apply; or

b)     You and we are allowed to agree on different terms

Then you agree that your general rights at law regarding our services will, to the maximum extent permitted by law, be subject to these Terms and Conditions of Use only and that the provisions of any relevant consumer legislation which would otherwise apply will not apply to our services provided to you.

The services provided through this program are for informational purposes only and are not meant to be a substitute for advice provided by your own physician or other medical professional. You should not use the information in this program for diagnosing a health or fitness problem or disease. You should always consult your own physician and medical advisor for proper diagnosis.

All information provided on this program is supplied upon the condition that you will make your own determination as to its suitability for your purposes prior to use.

1. Our commitment to you

The insights and practical processes in Illness explorer have been acquired and developed over many years. They have been helpful to many people. Our motivation is to provide a widely accessible “whole person approach” resource for illness sufferers, particularly those with chronic illness.

We cannot offer you a formal clinical relationship without a personal consultation. This website, Whole Person Healthcare, and the self-help pathway, Illness Explorer, should be seen as an on-line self-help tool, freely available, and to be used at your discretion.

2. Your responsibilities to us

You acknowledge and agree

a)     You have read and understood these Terms and Conditions of Use;

b)     You will use our services in a responsible way;

c)     You will never make irresponsible or inappropriate use of information you access or receive through using our services;

d)     You will ensure everyone who uses the services we provide to you, or does anything in relation to them, also meets these responsibilities; and

e)     You will indemnify us and keep us indemnified against any liability however it arises.

3. Exclusion of liability

We exclude all liability (including, but not limited to, negligence) we may have to you in respect of services or anything else we do. This exclusion applies for the benefit of these people:

a)     Us and any company owned by us;

b)     All contributors to the content of this website, Whole Person Healthcare, and the self-help pathway, Illness Explorer;

c)     All our officers, employees, contractors, agents, or any company owned by us;

d)     Anyone else any of the people listed above is responsible for;

e)     Anyone else who is requested by us or by any company owned by us to perform a service at your request.

None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement or relationship you have with us. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

4. Limitation of liability

In clause 3 we have excluded liability we or any of the other people listed in that clause may otherwise have to you. If we or any of the other people listed in clause 3 are ever liable to you and, if for any reason, cannot rely on the exclusion of liability set out in clause 3, then this clause applies.

Where this clause applies, the maximum combined amount we and all other people listed in clause 3 (together) will have to pay you and anyone else who claims through you and anyone else who uses the services we provide to you (together) is the amount of our charges that you have actually paid to us for the services complained about.

5. Intellectual property rights

All designs, text, graphics, logos and the selection and arrangement of them, 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.

No content or material on our website may be reproduced, adapted, linked to, distributed or used in any way without our prior written consent.

However there are a number of pages marked “printable” where we either ask you to copy or allow you to copy for your own personal use.

6. Each clause separately binding

Each clause of these Terms and Conditions of Use is separately binding. If we, you or any of the people specified in clause 3 cannot rely on any clause in whole or in part, all other clauses of these Terms and Conditions of Use will continue to be effective.

7. New Zealand law applies

These terms continue to apply to our relationship no matter where you are located at the time of service provided or where you reside.

All our services are provided under New Zealand law. You may take action against us only in a New Zealand court.

8. Subscribing to mailing list

By agreeing to these terms and going ahead with registration to access Illness Explorer, you also agree to being subscribed to our mailing list and receiving monthly emails with useful information and news. Your contact details remain strictly confidential and will not be passed on to third parties. You can unsubscribe at any time by following the link in the emails, or by contacting us directly.

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