1.1 These Terms apply to your use of our Website and Services. By accessing our Website or signing up for our Services:
(b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website and our Services, and you must immediately stop doing so.
1.3 If we provide services for download, you may download multiple copies to your computer, provided you agree to the bound by the Licence Agreement for such services.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and our Services, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website or our Services without notice or liability.
2.3 These Terms were last updated on 4 May 2017.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Services means all of the services available from our Website (including any blogs), whether free or charged
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website and/or Services
We, us or our means INNOVATIVE HEALTH SOLUTIONS LIMITED (PROMETHEUS)
Website means www.prometheuslive.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
4. YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
(b) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to firstname.lastname@example.org.
4.3 You must:
(a) not act in a way, or use or introduce anything (including, but not limited to, any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website, our Services or any Underlying System, or otherwise attempt to damage or interfere with the Website, Services or any Underlying System; and
(b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com.
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website or Services by using your User ID.
5. INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), Services, and the Underlying Systems.
6. DISCLAIMERS – GENERAL
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Website or our Services being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Website or our Services;
(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website or our Services. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and our Services protects you from this; and
(d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website or our Services are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and our Services is not illegal or prohibited, and for your own compliance with applicable local laws.
7. DISCLAIMERS – MEDICAL
7.1 No advice: The information presented on the Website and our Services is of a general nature. The information is not professional, medical or legal advice, and should not be treated as such.
7.2 No warranties: The information on the Website and our Services is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the information provided. Without limiting the previous paragraph, we do not warrant that:
(a) the information on the Website or our Services will be constantly available, or available at all; or
(b) the information on the Website or our Services is complete, true, accurate, up-to-date, or non-misleading.
7.3 Professional assistance: You must not rely on the information on the Website or our Services as an alternative to medical advice from your doctor or other professional healthcare providers. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on the Website or our Services.
8.1 To the maximum extent permitted by law:
(a) you access and use the Website and our Services at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website and our Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 By accepting these terms you hereby release and forever discharge us, our officers, directors, agents and employees, jointly and severally, from any and all actions, causes of action, claims and demands for, upon or by reason of, any damage, loss or any injury of any kind or nature which may be sustained by the you or your officers, directors, agents or employees by virtue of any activity undertaken by you or your officers, directors, agents or employees when using the Website or any Services.
8.3 The release of liability in clause 8.2 applies to covers and includes, all known, unknown, unforeseen, unanticipated and unsuspected injuries, damages, losses and liabilities of any kind and the consequences thereof.
8.4 You hereby agree on behalf of your heirs, executors, administrators and assigns to indemnify us, our officers, directors, agents and employees, jointly and severally, from any and all actions, causes of action, claims and demands for, upon or by reason of any damage, loss or any injury of any kind or nature which may be sustained by you or your officers, directors, agents or employees by virtue of any activity undertaken by you or your officers, directors, agents or employees when using the Website or any Services.
8.5 It is further understood and agreed by you, that you or your officers, directors, agents or employees use of the Website or any Services is not to be construed as an admission of liability or acceptance of responsibility by us, our officers, directors, agents and employees, jointly or severally, for any damages or expenses for which we, our officers, directors, agents and employees may become allegedly liable as a result of any act by you.
8.6 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
All information and materials on the Website and our Services, including data, content, documents, online graphics, images and web pages, audio and video are protected by copyright, and are the property of the copyright holder, or contributing organisation, unless specifically notified to the contrary. None of this material can be reproduced in any form without express permission from PROMETHEUS. Users who link to another site(s) from this Website are subject to the copyright policy of that site or site. If you would like to reproduce any of the material on this site, please contact firstname.lastname@example.org.
10. THE PRICE
10.1 The prices payable for Services are clearly set out on our Website
10.2 The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
10.3 Prices are inclusive of any applicable goods and services tax or other sales tax.
11. PURCHASES AND LICENCE TERMS
11.1 Additional terms may apply to purchases of software and/or Services. You will be required to agree to the terms of the Licence Agreement at the time you install the Software or access the Service.
11.2 If there is a conflict between these Terms and the Licence Agreement, the latter terms shall control with respect to your use of that Service.
11.3 Please contact email@example.com if you would like a copy of the applicable Licence Agreement, at no cost, before you open the Software.
12. SUSPENSION AND TERMINATION
12.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
12.2 On suspension or termination, you must immediately cease using the Website and our Services and must not attempt to gain further access.
13. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
14.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
14.2 These Terms, and any dispute relating to these Terms, the Website or our Services, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Website or our Services.
14.3 For us to waive a right under these Terms, the waiver must be in writing.
14.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 8, 14.1, continue in force.
14.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
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