1. How these Terms apply and when they can change
1.1 These Terms apply to your use of the website at bupa.co.nz (the “Website”).
1.2 When you access and use the Website, you agree to be bound by these Terms. If you are using and accessing the Website on behalf of another person (including a company), by using the Website you confirm that you are authorised to agree to the Terms on that person’s behalf.
1.3 If you do not agree to these Terms, you are not authorised to access and use the Website, and you should immediately stop doing so.
1.4 We may change these Terms from time to time by making updates to them on this Website. If we have changed these Terms, you agree to be bound by the new Terms when you continue to use and access the Website.
1.5 We may at any time change, restrict, terminate or suspend the Website or any part of it without prior notice to you.
2. Definitions used in these Terms
In these Terms, the following words have the meanings outlined below:
2.1 Bupa, we, us and our means Bupa Care Services NZ Limited (NZCN 1662622) and each of its related companies.
2.2 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.
2.3 Personal information means information about an identifiable, living person.
2.4 Terms means these terms and conditions which apply to your access to and use of the Website.
2.5 Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
2.6 You means you, as the user of the Website, and includes any person on whose behalf you are accessing and using the Website.
3. Your responsibilities
3.1 When using the Website you must:
(a) not do anything that compromises or may compromise the security or functionality of the Website or the Underlying System. For the avoidance of doubt you must not introduce any malicious code (including any virus, spyware, Trojan horse, keystroke logger or similar feature);
(b) only access the Website via standard web browsers and not via any other method, including but not limited to scraping, deep-linking, harvesting, data mining, automation or any other data gathering, extraction or monitoring method;
(c) not establish a link to our Website, except with our prior written consent; and
(d) indemnify us against all Loss we suffer or incur as a result of your failure to comply with these Terms.
4. Intellectual property and copyright
4.1 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), and the Underlying Systems.
4.2 You may not use any of our trade marks (whether registered or not) without prior written consent from Bupa.
4.3 Unless we indicate otherwise, we own, control and reserve all rights (including copyright) in the content and compilation of the Website and Underlying System, including all images, graphics, logos, button icons, video images, audio clips, software code and data comprising this Website (“Content”). You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute our Content in any way except as expressly provided for on this web site or expressly authorised in writing by us.
5. Disclaimer and warranty
5.1 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 performance of the Website, including any outage, service interruption or poor performance;
(b) any error in, or omission from, any information made available through the Website;
(c) exposure to viruses, malicious code or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website 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.
5.2 You are responsible for ensuring that your use of the Website complies with any local laws in the country from which you access the Website. Bupa makes no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.
5.3 The website is provided “as is” and Bupa make no representations or warranties, express or implied, of any kind about the Website.
6.1 You access and use the Website at your own risk and, to the extent permitted by law, Bupa is not liable or responsible to you or any 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. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
6.2 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. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
6.3 To the maximum extent permitted by law and only to the extent clauses 6.1 and 6.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
7. Privacy and cookies
7.2 Bupa collects standard web server and visitor traffic information, commonly referred to as aggregate information, regarding overall traffic patterns on the Website. We only use this information for statistical, reporting and Website administration and maintenance purposes. It is not used in a way that individually identifies you, and we do not report on individual users.
8. When we may suspend or terminate your access to the Website
8.1 Without prejudice to any other right or remedy available to us, we may immediately suspend or terminate your access to the Website (or any part of it) if we consider that you have breached these Terms or we otherwise consider it appropriate. If we do so we may not give you prior notice.
8.2 If we suspend or terminate your access to the Website, you must immediately stop using the Website.
9.1 If we need to contact you, we will do so by email or by displaying a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
9.2 These Terms and any dispute relating to the Terms or the Website are governed by and must be interpreted in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
9.3 If we waive a right under these Terms, we will only do so in writing.
9.4 The following clauses survive termination or expiry of these Terms: clause 3.1(d) (your indemnity to us), 4 (Intellectual property), 5 (Disclaimer and warranty), 6 (Liability), 9.1 (how we contact you) and any other clauses which, by their nature, are intended to survive termination or expiry.
9.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, then:
(a) that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity; or
(b) if a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms; and
(c) the remainder of these Terms will be binding on you.
9.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
Last updated: November 2016