Last Updated on November 10, 2019
Changes to Services and Terms
We may change or discontinue, in whole or in part, the Services at any time without notice. You acknowledge that we are not liable to you or to any third party for any such action.
Requirements for Use of the Services
You represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; and
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary; and
(5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; and
(6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable law or regulation; and
(8) you are not pregnant, breastfeeding, being treated for cancer, undergoing gender reassignment treatment, within the period of 2 weeks prior to surgery or 6 weeks after surgery.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
The full experience requires the Services, Internet access to the Services and Website, and other required software (if any). You are responsible for obtaining your own Internet access and mobile device to access the Services.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Premium service fees (e.g. Oura Ring linkage) in NZD are non-refundable and subject to change without notice.
Please note that Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance in the Services are there for informational purposes only and cannot replace the services of health professionals or physicians. You should always consult a physician before making any changes to your sleep or activity based on information or guidance of the Services, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Services. We are not responsible for any health problems that may result from information or guidance you learn about through the Services. If you make any change to your sleep or activity based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long term pain, fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information and guidance in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
Limited License and Ownership of the Services
You grant Health Function a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, or feedback you provide relating to the operation of the Services unless you specify otherwise in writing.
The Services are subject to usage limitations, with extraordinary usage potentially incurring additional charges or suspension of service. Specifically you agree not to interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Third Party Services
Content and Warranty Disclaimer
EXCEPT FOR THE LIMITED WARRANTY FOR THE SERVICES SET FORTH BELOW, THE SERVICES ARE PROVIDED BY HEALTH FUNCTION AND ITS AFFILIATES “AS IS.”
NEITHER HEALTH FUNCTION NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES. IN ADDITION, HEALTH FUNCTION AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, HEALTH FUNCTION DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL HEALTH FUNCTION OR ANY OF ITS DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE HEALTH FUNCTION SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HEALTH FUNCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HEALTH FUNCTION, ARISING FROM OR RELATING TO THE SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $1. HEALTH FUNCTION’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE OR SERVICES.
In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.
Health Function logo & YourPersonalizedHealth are trademarks or registered trademarks of Health Function Ltd. © Health Function Ltd 2019. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on Services.
Term and Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Governing Law and Disputes
If the parties are unable to settle any dispute by negotiation within 21 calendar days, then any party may invite the chairperson of the New Zealand Chapter of Lawyers Engaged in Alternative Dispute Resolution to appoint a mediator to enable the parties to mediate and settle the dispute.
All discussions in the mediation will be without prejudice and will not be referred to in any later proceedings.
If the dispute is not resolved within a further 30 calendar days after the appointment of a mediator, any party may then require the dispute to be referred to arbitration.
If this clause is invoked the dispute will be referred to arbitration by a sole arbitrator in accordance with the Arbitration Act 1996 and the arbitration will take place in Nelson, New Zealand.
The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Health Function and you.
Both parties will share the cost of mediation and/or arbitration equally.
Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Health Functions’s intellectual property rights would cause, Health Function may seek an injunction against such violation or breach in a court of competent jurisdiction.