Well Revolution Limited (“Well Revolution”, “Company”, “we”, “us”, or “our”) owns and operates the websites located at www.wellrevolution.com, www.wellrevolution.co.nz and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online services enabling our members (“Members”) to order health products (“Products”) and to report their health history and engage healthcare professionals (“Providers”) to obtain medical, healthcare, wellness and pharmacy services (collectively “Services”).

By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

All of the Providers who deliver Services through Well Revolution are independent professionals solely responsible for the services each provides to you. Well Revolution does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Well Revolution nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Provider via the Services.

If you receive a prescription as a result of the Services, you may select delivery to ship your prescription from one of our partner pharmacies or to collect your prescription yourself from one of the pharmacies listed in our Services (collectively, the “Pharmacies”). You give us consent to send and disclose to the Pharmacies all information provided by you, healthcare records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.

None of the Site content (other than information you receive from Providers) should be considered medical advice or an endorsement, representation or warranty that any particular product, medication or treatment is safe, appropriate, or effective for you.

Well Revolution provides various technologies and tools as part of its Services as a means of providing direct access to Providers for communication, consultations, assessments, treatment and pharmacy services.

Delivery of services involves the use of electronic communications, messaging, telephone and other means between a Provider and a patient who are not in the same physical location. During consultations with a Provider, details of your health history and personal health information may be discussed with you through the use of these technologies and tools which may be used for diagnosis, treatment, follow-up and/or related patient education.

Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of electronic systems. These risks include, but may not be limited to:
- In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Provider;
- Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
- In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
- Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
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By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
- You understand that you may expect the anticipated benefits from the use of our Services in your care, but that no results can be guaranteed or assured.
- You understand that the laws that protect the privacy and security of health information apply to our Services, and have received Well Revolution’s Privacy Policy, which describes these protections in more detail.
- Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Services to you through the Site.

Well Revolution is required to maintain safeguards to protect the security of your health information. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Well Revolution. Well Revolution cannot ensure the security or confidentiality of messages sent by email.

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Well Revolution (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Well Revolution reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Well Revolution be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

The Services are available for use by children, but the Member for all patients under the age of 16 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behaviour which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with us or Providers through the Site. Well Revolution is not responsible for any interactions with Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Well Revolution with your credit card number or other payment method, payment device and associated payment information, you agree that Well Revolution, our affiliates, or our third-party payment processors are authorized to immediately invoice and charge your account for all fees and charges due and payable to Well Revolution hereunder and that no additional notice or consent is required.

You understand and agree that you are responsible for all fees due to receive Services, including any fees charged by Providers. Your payments to Well Revolution may include fees charged by Providers for healthcare services and/or pharmacy services, which we collect on their behalf. Any healthcare services or pharmacy services not made available through the Services are not included in the payments collected by us, and you may be separately charged by the applicable Provider for such services. In the event that your payment device expires or we, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Well Revolution and/or the Providers have no obligation to provide any Services unless and until full payment has been received and/or verified.

We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

From time to time, Well Revolution may make certain Services available for purchase through the Site that  require you to purchase the Service on a subscription basis. For subscription-based Services, your payment device will be automatically charged at regular intervals as described for that Service during the checkout process.

If a subscription Service you purchase required a consultation with a Provider and/or includes a prescription product that you fill through the Pharmacies, then the total price you pay includes the amount charged by the Pharmacies for the prescription and the amount charged by the Provider for the services of the Provider, as well as the amount we charge for use of and access to the Site. We collect the amounts charged by the Pharmacies and the Providers on behalf of the Pharmacies and Providers and pass the applicable amounts through to them.

Refunds. Subject to rights that cannot be waived under New Zealand law, a subscription charge can only be refunded when a) you let us know you would like to cancel your subscription and goods have not yet been dispatched by the Pharmacies and a consultation with a Provider has not yet been completed; b) the Pharmacies cannot fulfil your order due to lack of stock; c) a product or pricing error is identified. We can only refund back to the payment method and card used for the original charge.

Certain products available through the Site require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Services, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Services, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or contacting our support service.

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be dispensed and made available for you to collect from the applicable Pharmacy.

We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Well Revolution or other entities. You are not authorised to use any such Marks without the express written permission of Well Revolution. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@wellrevolution.co.nz. We may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

You expressly agree that use of the Site or Services is at your sole risk. Both the Site and Services are provided on an “as is” and “as available” basis. Well Revolution expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.

You acknowledge and agree that Well Revolution does not provide medical advice, diagnosis, or treatment, and is strictly an online service, technology platform and infrastructure for connecting patients with independent third party Providers, including physicians, pharmacists and other Providers in the Well Revolution network. You acknowledge and agree that the Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate.

You understand that to the extent permitted under applicable law, in no event will Well Revolution or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

You agree to indemnify, defend and hold harmless Well Revolution, its officers, directors, employees, agents, parents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider.

Well Revolution makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside New Zealand.

These Terms of Use and your use of the Site shall be governed by the laws of New Zealand, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by the New Zealand courts, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Auckland, New Zealand, for any action related to these Terms of Use.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by cancelling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by contacting Well Revolution customer support.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Well Revolution devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

Please report any violations of these Terms of Use to support@wellrevolution.co.nz

1.1. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity.

1.2. “Agreement” means this agreement, including all appendices or schedules hereto, any policies and procedures referenced herein, rules or regulations issued pursuant to this agreement, and all applicable requirements that are required to be incorporated as part of the Agreement.

1.3. “App” means Company’s software, applications, websites, payment services and related software and systems that enables Users to procure products and services, to record, store and share their health information, and to engage and communicate with providers of Healthcare Services, and enables providers of Healthcare Services to access the App Services for the purpose of seeking, receiving and fulfilling requests for Healthcare Services by Users, as may be updated or modified from time to time.

1.4. “App Services” means Company’s services that enable healthcare providers to seek, receive and fulfil on-demand requests for healthcare services by Users seeking Healthcare Services; such App Services include access to the App and Company’s software, websites, payment services as described in Section 4, and related support services systems, as may be updated or modified from time to time.

1.5. “Company Marks and Names” has the meaning set forth in Section 5.3.

1.6. “Confidential Information” has the meaning set forth in Section 6.1.

1.7. “Consultation Fee” has the meaning set forth in Section 4.1.

1.8. “Company Data” means all data related to the access and use of the App Services hereunder, including all data related to Users (including User Data, subject to Section 5.4), all data related to the provision of Healthcare Services via the App Services and the App, and the Provider ID.

1.9. “Device” means a device owned or controlled by you: (a) that meets the then-current system requirements to support the App; and (b) on which the App has been installed or made available as authorised by Company solely for the purpose of providing Healthcare Services.

1.10. “Healthcare Services” means all healthcare services that are (a) within your appropriate scope of practice and (b) provided to a User under the terms of this Agreement and (c) compensated in accordance with this Agreement, and your provision of those Healthcare Services to Users via the App Services in the Territory.

1.11. “Permitted Persons” has the meaning set forth in Section 6.2.

1.12. “Practice” means a general practice or medical group who employs or otherwise engages Practitioner to provide the Healthcare Services.

1.13. “Practitioner” means a doctor, individual health care practitioner or allied health professional, trained and licensed to provide Healthcare Services to Users via a Practice.

1.14. “Provider Created Data” has the meaning set forth in Section 5.4.

1.15. “Provider ID” means the identification and password key assigned by Company to you, to enable use of and access to the App.

1.16. “Service Fee” has the meaning set forth in Section 4.4.

1.17. “Supplemental Terms” has the meaning set forth in Section 13.4.

1.18. “Territory” means cities or areas in New Zealand in which you are enabled by the App to receive requests for Healthcare Services.

1.19. “User” means an end user authorised by Company to use the App for the purpose of obtaining Healthcare Services offered by Provider.

1.20. “User Data” means any information (including but not limited to text, images, videos or other content), uploaded, inputted or otherwise submitted by a User or persons authorised by User, or by Company or you on behalf of a User, to the App, and made available to you in connection with such User’s request for and use of Healthcare Services, including any data concerning the characteristics and activities of a User collected for a User on the App, any personally identifiable information, a User’s medical or other protected or regulated health information (“User Health Information”), financial information, or any other information subject to regulation or protection under specific laws or regulations, and any other data specified in any service-specific terms procured by a User. User Data is subject to the User Data License set forth in Section 5.4.

2.1. Provider IDs. Company will issue you a Provider ID to enable you to access and use the App on your Device in accordance with this Agreement. You agree that you will maintain your Provider ID in confidence and not share your Provider ID with any third party. You will immediately notify Company of any actual or suspected breach or improper use or disclosure of your Provider ID or the App.

2.2. Provision of Healthcare Services. When you are logged in to the App, User requests for Healthcare Services may appear to you via the App if you are online and available. A User requests for Healthcare Services may also appear to you via phone notifications from the App if you have enabled notifications. If you accept a User’s request for Healthcare Services, the App will provide you with certain User Data, including certain User Health Information. You will obtain other information from the User, either in person during performance of the Healthcare Services if User elects to disclose such information, or from the App if the User elects to enter such information or provide access to the User’s User Data within the App to you. You acknowledge and agree that once you have accepted a User’s request for Healthcare Services, the App may provide certain information about you to the User, including your name, profile photo, bio and Practice information. You shall not use any User Data for any reason other than for the purposes of fulfilling the Healthcare Services. As between Company and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of the Healthcare Services; and (b) except for the App Services, you shall provide all necessary devices, equipment, tools and other materials, at your own expense, necessary to perform the Healthcare Services.

2.3. Means of engagement. The Healthcare Services shall include engagement with Users in their preferred manner, via voice calling, video calling, secure instant messaging, and in-person consultations, as appropriate.

2.4. Your Relationship with Users. You acknowledge and agree that your provision of Healthcare Services to Users creates a direct business relationship between you and the User. Company is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your practice of Healthcare Services. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision of Healthcare Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of you, a User or third party. You acknowledge and agree that Company may release your contact and/or insurance information to a User upon such User’s reasonable request. You acknowledge and agree that you may not provide Healthcare Services to any person other than a User and any individuals authorised by such User, during the performance of Healthcare Services for such User.

2.5. Your Relationship with Company. You acknowledge and agree that Company’s provision to you of the App and the App Services creates a direct business relationship between Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Healthcare Services, your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilise the App or the App Services. You retain the option, via the App, to attempt to accept or to decline or ignore a User’s request for Healthcare Services via the App Services, or to cancel an accepted request for Healthcare Services via the App, subject to Company’s then-current cancellation policies. Company shall have no right to require you (except as separately agreed between you and Company) to: (a) display Company’s names, logos or colours; or (b) wear a uniform or any other clothing displaying Company’s names, logos or colours. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to; (i) use other software application services in addition to the App Services; and (ii) engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict you from accessing or using the App or the App Services in the event of a violation or alleged violation of this Agreement, your disparagement of Company, your act or omission that causes harm to Company’s brand, reputation or business as determined by Company in its sole discretion. You acknowledge and agree that Company may list your name, qualifications and biographical information in Company’s provider directories, marketing and informational materials, and electronic media. In no event shall you market or advertise the App or App Services without the prior consent of Company.

2.6. Devices. You are responsible for the acquisition, cost and maintenance of your Devices as well as any necessary network connectivity costs. Company shall make available the App for installation or use on your Device. Company hereby grants you a non-exclusive, non-transferable license to install or activate and use the App on your Device solely for the purpose of providing Healthcare Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the App (or any data associated therewith) with any third party. The foregoing license grant shall immediately terminate and you will delete and fully remove the App (and any data associated therewith) from your Device in the event that you cease to provide Healthcare Services using your Device. You agree that: (i) use of the App on your Device requires a suitable active network connectivity service associated with your Device for Internet access, which will be provided by you at your own expense; and (ii) use of the App on your Device as an interface with the App Services may consume large amounts of data. Company advises that your Device only be used on a network connection with unlimited or very high data usage limits, and of a standard of performance and quality (such as related to bandwidth and speed) as advised by company from time to time, and company shall not be responsible or liable for any fees, costs, or other charges associated with any network connection.

2.7. Location Based Services. You acknowledge and agree that your geo-location information may be provided to the App Services via a Device in order to provide Healthcare Services. You acknowledge and agree that your geo-location information may be obtained by the App Services while the App is running. In addition, Company may monitor, track and share with third parties your geo-location information obtained by the App and Device for service trust and quality purposes.

3.1. You acknowledge and agree that at all times, you shall: (a) hold and maintain all valid licenses, approvals, certifications or registrations necessary to provide the Healthcare Services to Users in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Healthcare Services in a professional manner with the due care, skill and diligence reasonably expected of you; and (c) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background and record checks from time to time in order to qualify to provide, and remain eligible to provide, Healthcare Services to Users. You acknowledge and agree that Company reserves the right, at any time in Company’s sole discretion, to deactivate or otherwise restrict you from accessing or using the App or the App Services if you fail to meet the requirements set forth in this Agreement.

3.2. You acknowledge and agree that at all times, you shall, as required by the Health Practitioners Competence Assurance Act 2003: (a) maintain registration with the appropriate professional body; (b) maintain a current annual practising certificate; (c) maintain current professional indemnity insurance; (d) practice only in accordance within your scope of practice; (e) immediately inform Company of any change to your scope of practice; (f) immediately inform Company of any restrictions or conditions imposed on you by a relevant professional body, an employer or another institution where you provide medical services; and (g) immediately inform Company of any investigation or review being undertaken into any aspect of your clinical practice by any organisation whatsoever, including a relevant professional body and the Health and Disability Commissioner.

3.3. To ensure your compliance with all requirements in Sections 3.1 and 3.2 above, you must provide Company with written copies of all such licenses, approvals, permits, authority, certifications or registrations prior to your provision of any Healthcare Services. Thereafter, you must submit to Company written evidence of all such licenses, approvals, permits, authority, certifications or registrations as they are renewed. Company shall, upon request, be entitled to review such licenses, approvals, permits, authority, certifications or registrations from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Company reserves the right to independently verify your documentation from time to time in any way Company deems appropriate in its reasonable discretion.

4.1. Consultation Fees and Your Payment. You are entitled to charge a Consultation Fee for each instance of completed Healthcare Services provided to a User that are obtained via the App Services (“Consultation Fee”), where such Consultation Fee is based upon the fees your Practice advertises to Users in the App in accordance with Company’s supplemental Payments Policy. You acknowledge and agree that the Consultation Fee is the only payment you will receive in connection with the provision of Healthcare Services. You are also entitled to charge User for any other fees incurred and accepted by User during the provision of Healthcare Services, if applicable and where the App and App Services allow. You: (i) appoint Company as your limited payment collection agent solely for the purpose of accepting the Consultation Fee and any applicable taxes and fees from the User on your behalf via the payment processing functionality facilitated by the App Services; and (ii) agree that payment made by User to Company for the Healthcare Services rendered by you shall be considered the same as payment made directly by User to you. Company agrees to remit, or cause to be remitted, to you the Consultation Fee less the applicable Service Fee and depending on your region, certain taxes and ancillary fees in accordance with Company’s supplemental Payments Policy. If you have separately agreed that other amounts may be deducted from the Consultation Fee prior to remittance to you, the order of any such deductions from the Consultation Fee shall be determined exclusively by Company (as between you and Company).

4.2. Changes to Consultation Fees. Company reserves the right to change the Consultation Fee at any time in Company’s discretion based upon local market factors, and Company will provide you with notice in the event of changes to the Consultation Fee. Your continued use of the App Services after any such change in the Consultation Fee shall constitute your consent to such change.

4.3. Consultation Fee Adjustment. Company reserves the right to: (i) adjust the Consultation Fee for a particular instance of Healthcare Services (e.g., you provide insufficient service, you failed to properly end a particular instance of Healthcare Services in the App, technical error in the App Services, etc.); or (ii) cancel the Consultation Fee for a particular instance of Healthcare Services (e.g., User is charged for Healthcare Services that were not provided, in the event of a User complaint, fraud, etc.). Company’s decision to reduce or cancel the Consultation Fee in any such manner shall be exercised in a reasonable manner.

4.4. Service Fee. In consideration of Company’s provision of the App and the App Services for your use and benefit hereunder, you agree to pay Company a service fee on a per Healthcare Services transaction basis calculated as a percentage of the Consultation Fee, as provided to you via email or otherwise made available electronically by Company from time to time for the applicable Territory (“Service Fee”). In the event regulations require taxes to be calculated on the Consultation Fee, Company shall calculate the Service Fee based on the Consultation Fee net of such taxes. Company reserves the right to change the Service Fee at any time in Company’s discretion based upon market factors, and Company will provide you with notice in the event of such change. Your continued use of the App Services after any such change in the Service Fee calculation shall constitute your consent to such change.

4.5. Receipts. As part of the App Services, Company provides you a system for the delivery of receipts to Users for Healthcare Services rendered. Upon your completion of Healthcare Services for a User, Company prepares an applicable receipt and issues such receipt to the User via email or within the App on your behalf. Such receipts are also provided to you via email or will be made available to you through the App Services. Receipts include the breakdown of amounts charged to the User for Healthcare Services and may include specific information about you, including your name, Practice contact information and the type of Healthcare Services provided. Any corrections to a User’s receipt for Healthcare Services must be submitted to Company in writing within three (3) business days after the completion of such Healthcare Services. Absent such a notice, Company shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Consultation Fee.

4.6. No Additional Amounts . You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Company may seek to attract new Users to the App and to increase existing Users’ use of the App. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.

4.7. Taxes. You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Healthcare Services as required by applicable law; and (b) provide Company with all relevant tax information. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Healthcare Services. Notwithstanding anything to the contrary in this Agreement, Company may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Healthcare Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this Section 4.8 directly to the applicable governmental tax authorities on your behalf or otherwise.

5.1. License Grant. Subject to the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the App Services (including the App on a Device) solely for the purpose of providing Healthcare Services to Users and tracking resulting Consultation Fees. All rights not expressly granted to you are reserved by Company and its respective licensors.

5.2. Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the App Services or the App in any way; (b) modify or make derivative works based upon the App Services or App; (c) improperly use the App Services or App, including creating Internet “links” to any part of the App Services or App, “framing” or “mirroring” any part of the App Services or App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the App Services or App; (d) reverse engineer, decompile, modify, or disassemble the App Services or App, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the App Services or App to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the App Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the App Services; or (iv) attempt to gain unauthorised access to the App Services or its related systems or networks.

5.3. Ownership. The App Services, App and Company Data, including all intellectual property rights therein are and shall remain (as between you and Company) the property of Company or its respective licensors. Neither this Agreement nor your use of the App Services, App or Company Data conveys or grants to you any rights in or related to the App Services, App or Company Data, except for the limited license granted above. Other than as specifically permitted by the Company in connection with the App Services, you are not permitted to use or reference in any manner Company’s or its respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the “Company Marks and Names”) for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Company Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.

5.4. User Data License. The App User terms provide for the User to maintain effective ownership of all User Data. Valid during and for the specific purposes of the provision of Healthcare Services, a User may grant a limited license for you to view, manipulate or add to User Data. User reserves the right to restrict or revoke any license granted to you at any time. For the exclusive purposes of satisfying any regulatory obligations on you to document Healthcare Services rendered to a User, a license is granted to you permitting the duplication of data that you create and add to the User Data (“Provider Created Data”). You may only duplicate or copy the Provider Created Data for use within your own data systems, for which you warrant that you will keep such duplicated data confidential, securely stored, subject to and for a time period as is required by applicable law. This User Data License expressly excludes any other data whatsoever that is not Provider Created Data.

5.5. New Property. Any new Intellectual Property which is created as a result of, or in connection with, the provision of the Healthcare Services, or otherwise in connection with this Agreement, shall be the sole property of Company, and shall not be used by a party for purposes other than this Agreement without the written consent of Company. You hereby appoint any director from time to time of Company to be the attorney and in your name and on your behalf to sign any documents and do anything necessary to give full effect to the provisions of this Section 5.5.

6.1. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes Company Data, Provider IDs, User Data, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

6.2. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (“Permitted Persons”) as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Company, its internal record-keeping requirements).

6.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

7.1. Disclosure of Your Information. Subject to applicable law, Company may, but shall not be required to, provide to you, a User, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about you through any background check) and any Company Data) about you or any Healthcare Services provided hereunder if: (a) there is a complaint, dispute or conflict between you and a User; (b) it is necessary to enforce the terms of this Agreement; (c) it is required, in Company’s sole discretion, by applicable law or regulatory requirements (e.g., Company receives a subpoena, warrant, or other legal process for information); (d) it is necessary, in Company’s sole discretion, to (1) protect the safety, rights, property or security of Company, the App Services or any third party; (2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the App Services; (3) to detect, prevent or otherwise address fraud, security or technical issues; (4) to prevent or stop activity which Company, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; or (e) it is required or necessary, in Company’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the App Services. You understand that Company may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.

7.2. Company may collect your personal data during the course of your application for, and use of, the App Services, or may obtain information about you from third parties. Such information may be stored, processed, transferred, and accessed by Company, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Company’s legitimate business needs. You expressly consent to such use of personal data.

8.1. By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorisations necessary to provide Healthcare Services within your scope of practice pursuant to this Agreement to third parties in the Territory generally.

8.2. Disclaimer of Warranties. Company provides, and you accept, the App Services and the App on an “as is” and “as available” basis. Company does not represent, warrant or guarantee that your access to or use of the App Services and the App: (a) will be uninterrupted or error free; or (b) will result in any requests for Healthcare Services. Company functions as an on-demand lead generation and related service only and make no representations, warranties or guarantees as to the actions or inactions of the Users who may request or receive Healthcare Services from you, and Company does not screen or otherwise evaluate Users. By using the App Services and App, you acknowledge and agree that you may be introduced to a third party that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the App Services or App. Notwithstanding Company’s appointment as the limited payment collection agent of you for the purpose of accepting payment from Users on your behalf as set forth in Section 4 above, Company expressly disclaims all liability for any act or omission of you, any User or other third party.

8.3. No Service Guarantee. Company does not guarantee the availability or uptime of the App Services or App. You acknowledge and agree that the App Services or App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the App Services or App may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, and Company is not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

You shall indemnify, defend (at Company’s option) and hold harmless Company and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Healthcare Services or use of the App Services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor.

Company shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for company’s obligations to pay amounts due to you pursuant to Section 4 above, but subject to any limitations or other provisions contained in this Agreement which are applicable thereto, in no event shall the liability of Company under this Agreement exceed the amount of Service Fees actually paid to or due to Company hereunder in the six (6) month period immediately preceding the event giving rise to such claim.

This Agreement shall commence on the date that the Agreement is executed by you (electronically or otherwise) and will continue until terminated by you or Company, which any party can do (a) without cause at any time on 30 days’ prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Company may restrict you from using the App Services and/or Company may deactivate or otherwise restrict you from accessing or using the Provider ID and/or App immediately, without notice, in the event you no longer qualify, under applicable law or the standards and policies of Company, to provide Healthcare Services or as otherwise set out in this Agreement.

Upon termination of the Agreement, you shall immediately delete and fully remove the App from any of your Devices. Outstanding payment obligations and Sections 1, 2.4, 4.6, 4.7, 5.3, 5.4, 5.5, 6, 7, 8, 9, 10, 12, 13, 14 and 15 shall survive the termination of this Agreement.

13.1. Except as otherwise expressly provided herein with respect to Company acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between Company and you; and (b) no joint venture, partnership, or agency relationship exists between Company and you.

13.2. You have no authority to bind Company and you undertake not to hold yourself out as an employee, agent or authorised representative of Company. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Company, you undertake and agree to indemnify, defend (at Company’s option) and hold Company harmless from and against any claims by any person or entity based on such implied agency or representative relationship.

14.1. Modification. In the event Company modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Company reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the App Services, or downloading, installing or using the App, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein, including with respect to the Consultation Fee and Payments Policy. Continued use of the App Services or App after any such changes shall constitute your consent to such changes.

14.2. Further assurance. Each party shall make all applications, execute all documents and do or procure all other acts and things necessary to implement and to carry out its obligations under, and the intention of, this Agreement.

14.3. Supplemental Terms . Supplemental terms may apply to your use of the App Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

14.4. Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

14.5. Assignment. Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided that Company may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an Affiliate; or (b) to an acquirer of all or substantially all of Company’s business, equity or assets.

14.6. Entire Agreement. This Agreement, including all Supplemental Terms and Schedules hereto, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.

14.7. Notices. Any notice delivered by Company to you under this Agreement will be delivered by (i) email to the email address of the authorised representative associated with your account; or (ii) by posting on the portal available to you on the App Services. Any notice delivered by you to Company under this Agreement will be delivered by email to providers@wellrevolution.com. Additional Territory-specific notices may be required from time to time.

14.8. Waiver: No failure or forbearance by a party to exercise, or delay in exercising, (in whole or in part) any right, power or remedy under, or in connection with, this Agreement shall operate as a waiver of that right, power or remedy. A waiver of any breach of any provision of this Agreement shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.

15.1. This Agreement shall be governed by the laws of New Zealand applicable to contracts entered into and wholly to be performed therein, and the parties hereby submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

15.2. Forum Selection. Exclusive venue for all disputes arising out of this Agreement shall be in Auckland, New Zealand, and the parties each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts.

15.3. Other than disputes regarding the intellectual property rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the App Services shall be subject to dispute resolution pursuant to Section 15.4.

15.4. Dispute Resolution. The parties shall at all times act on a good faith basis towards each other. Should any dispute arise in connection with this Agreement, the parties shall meet on a good faith basis to try and resolve the dispute. In the event that they are unable to resolve the dispute it shall be determined pursuant to a mediation and binding arbitration process agreed by the parties or failing agreement, a process determined by the President of the Auckland District Law Society. This clause shall not apply to any proceedings which involve an application for injunctive relief. The parties agree that they will continue to perform their respective obligations under this Agreement while any issues in dispute remain unresolved.

Please report any violations of these Provider Terms to support@wellrevolution.co.nz

Well Revolution Limited (“Well Revolution”, “Company”, “we”, “us”, or “our”) owns and operates the websites located at www.wellrevolution.com, www.wellrevolution.co.nz and other related websites and mobile applications with links to this Privacy Policy (collectively, the “Site”). Through the Site, we offer online services enabling our members (“Members”) to receive services from medical, healthcare, wellness and pharmacy service providers (collectively “Services”). We developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Site or the Services.

The site will be collecting and transmitting personal, medical and health-related information about you. By using the site, you agree that we can collect and use your personal and other information as described in this privacy policy. If you do not agree, please do not use the site.

When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual. Lastly, when we use the term “Cookies”, we mean the small pieces of information that a Site sends to your browser while you are viewing a website.

If you have questions or concerns about this Privacy Policy, please contact us by sending an email to privacy@wellrevolution.co.nz

Our privacy practices are intended to comply with the Health Information Privacy Code 2020 (“HIPC”). We will maintain the privacy of your Health Information as required by HIPC.

We do not knowingly allow individuals under the age of 16 to create Accounts that allow access to our Site.

Accounts for children under the age of 16 may be created and managed by a parent or legal guardian who have some rights to access the child’s health information, up until they turn 16.

There may be cases where a parent’s or guardian’s access to information is restricted to respect the confidentiality and best interests of the child. Such cases will be assessed on a case-by-case basis in accordance with the HIPC and Privacy Act.

The Personal information we collect or maintain may include:

• Your name, age, email address, username, password, and other registration information
• Health Information that you provide us, which may include information or records relating to your medical or health history, health status and test results, laboratory testing results, diagnostic images, and other health-related information
• Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health-related information
• Billing information that you provide us, such as credit card information
• Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site
• Other information you input into the Site or related services

We may use your Personal Information for the following purposes (subject to applicable legal restrictions):

• To provide you with the Services
• To improve the quality of Service through the performance of quality reviews and similar activities
• To create de-identified Information such as aggregate statistics relating to the use of the Service
• To notify you when Site updates are available,
• To market and promote the Site and the Services
• To fulfil any other purpose for which you provide us Personal Information
• For any other purpose for which you give us authorisation

We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions):

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• As required by law, which can include providing information as required by a court order.
• When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution or other sale or transfer of some or all of Well Revolution’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.

Health practitioners are required by Section 74 of the Health Act 1956 to report to the medical officer of health any patient they have ‘reasonable suspicion’ is suffering from a notifiable disease. Notification allows for appropriate public health control measures to be taken to reduce the risk of further spread, for disease surveillance and for monitoring of the effectiveness of control measures.

Well Revolution and its healthcare providers and treating providers are required to report the following Section C – Infectious Diseases Notifiable to the Medical Officer of Health without Identifying Information of Patient or Person:

• Acquired Immunodeficiency Syndrome (AIDS)
• Gonorrhoeal infection
• Human Immunodeficiency Virus (HIV) infection
• Syphilis

In such cases as we suspect or become aware of any of the infectious diseases listed above, you consent to us notifying the Medical Officer of Health without providing information that identifies you.

As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third-party tracking services, including:

• Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
• Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).
• Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and Well Revolution. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit.
• Real-Time Location. Certain features of the Site may use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a healthcare provider who is licensed or authorised to provide services near where you are located.
• Mobile Services. We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
• Google Analytics. We use Google Analytics to help analyse how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally-identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

We may use De-Identified Information created by us without restriction.

This Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications sent through or in connection with the Site. This policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

You have the right to access (and have corrected) your health information under Rules 6 and 7 of the HIPC.

We are required to keep your health information accurate, up to date and relevant for the Services provided to you and used in providing you care.

You have the right to see and request a copy of your health information. You do not have to explain the reasons for your request, but you may be required to provide proof of your identity and pay an administration fee.

You may request the correction of your health information and we will assist you with this. If we or a services provider chooses not to correct your health information as you have requested, we will ensure your request is noted so that it can be read together with that relevant part of your health information.

Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted directly to support@wellrevolution.co.nz

You may request deletion of your Personal Information by us, but please note that we are required by law to retain your health information for a minimum of 10 years from the date you last used the Services (in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.

Members of your health team may:

• add to your health record during any Services provided to you and use that information to provide appropriate care.
• upon your desire and consent to, share relevant health information with other health professionals who are directly involved in your care.

Health information which will not include your name but may include your National Health Index Identifier (NHI) may be used by health agencies such as the District Health Board, Ministry of Health or PHO for the following purposes, as long as it is not used or published in a way that can identify you:

• health service planning and reporting
• monitoring service quality
• payment

Your health information may be used for health research, but only if this has been approved by an Ethics Committee and will not be used or published in a way that can identify you. Except as listed above, you understand that details about your health status or the services you have received will remain confidential within the Site or with the relevant healthcare provider unless you give specific consent for this information to be communicated.

We employ reasonable physical, electronic and managerial security methods to help protect against unauthorised access to Personal Information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

You should report any security violations to us by sending an email to privacy@wellrevolution.co.nz

If you wish to make a complaint about a breach or with how your health information is collected or used, please submit your complaint by submitting this form >

What is my health record?

Any Personal Information you provide on the Site or during use of the Services that is intended to be stored, is encrypted and stored in an online application. Approved healthcare providers have access to review and add to your health record. Although your health record must be retained for no less than 10 years by law, we intend to provide tools at various times and as laws or regulations allow, that provide you with the choice and control of sharing your health record with any other party, or to delete your Personal Information.

This document sets out our current Privacy Policy. We may review this Privacy Policy from time to time and will notify you of any changes by posting an updated version on this page.

This policy applies to patients, contractors, visitors, family and whanau, employees, DHB, Health and Disability Commissioner and other agencies that may formalise a complaint to the practice.

Refer to the Complaint Management Flow Diagram (below).

A consumer complaint is any expression of dissatisfaction received from a client, patient, visitor, family member, or a member of the community regarding an event that has occurred, a system or process with the practice or a staff member. Complaints may be either:

• Written – letter, email, via website or fax
• Verbal – telephone or face-to-face

It is the responsibility of staff to ensure consumers are aware of how to make a complaint, written or verbal. It is the responsibility of staff to ensure consumers are aware of the services available to assist them to make a complaint if unable to do so.

The designated Complaints Officer is Dr Anton Wiles.

If the Complaints Officer is the person that the complaint has been lodged against, the complaint needs to be handled by another person in the practice who is capable to manage a complaint if appropriate or seek an independent person to manage the complaint.

1. Having the skills to be able to act with sensitivity as well as be objective and impartial.
2. Have knowledge of, and be able to advise on, all aspects of the practice’s internal complaint procedures and be trained to receive, investigate and deal with complaints about the practice services.
3. Have access to rooms with adequate privacy to ensure the complainant’s confidentiality is maintained and appropriate information technology equipment, with access to the practice’s complaint handling database and reference material.
4. Ensure that they are not directly involved in the subject matter of the complaint and raise the matter with a superior or peer should such an issue arise.
5. Be able to assist in the formulation of a written complaint for complainants who require additional assistance,
6. Have access to staff at all levels of the practice so that complaints can be resolved quickly.
7. Have clearly defined power to act and provide redress to complainants or to refer the matter to someone who has this power; and
8. Maintain a Complaints Register recording all complaints, decision and actions.

As per the Contracted Provider Agreement (Back-to-Back Agreement), Clause 12 requires Contracted Providers to inform ProCare of complaints, such as the following:

1. Complaints identified that may result in significant risks or issues which could potentially affect the relationship between ProCare and the Provider providing services, and their respective abilities to meet the obligations.
2. Complaints involving the Health and Disability Commissioner
3. Complaints that Under Clause 12.2 Providers have an obligation to notify ProCare of events which are ‘serious’ or which could bring ‘discredit’ upon the DHB, ProCare Network or the profession.
4. The practice and/or the Contracted Provider is to notify ProCare of all complaints that arise from an Incident Severity Assessment Criteria (SAC) Level 1 or 2,

Clause 12.3 provides that upon notification ProCare and the Provider will work together to minimise the impact or potential impact of any of these events. The intent of Clause 12.3 is for ProCare and the Provider to work collegially together.

All complaints meeting the criteria as set out in the ‘Protocol for Clause 12 of ProCare’s Contracted Provider Agreement’ are to be reported to ProCare as per the protocol,

Complaints are to be categorised according to the following:

1. Customer Service
2. Clinical Care/Treatment
3. Communication
4. Delays/Waiting times
5. Environment
6. Cultural Competency

The Complaints Officer is responsible for the management of the register. The register will be kept up to date by the Complaints Officer. The record will show the nature and background to the complaint and the process by which it was addressed and resolved including any patient input. Sensitive complaints are always to be kept confidential – by way of recording and by way of filing.

1. Verbal complaints are to be documented, either by the complainant or by the person receiving the complaint and to be managed in the same manner as a written complaint.
2. Effort must be made to resolve the complaint immediately where possible. Often through communication with the complainant at the time of lodging the complaint, resolution of a verbal complaint is often made.

1. Written complaints, either through email, letter or via a website or those written on consumer feedback forms are to be attached to the complaints form for action. This is to be done by the end of the day on which the complaint is made.
2. A consumer may instead, or in addition, involve the Health Advocacy Service, and/or lay a complaint with the Health and Disability Commissioner and/or the Privacy Commissioner.

1. All complaints where the complainant wishes to identify themselves are to be acknowledged within 5 working days of receipt. If the complaint is resolved within 5 days, only a letter of response is required. This letter may be an email.
2. Where appropriate, meetings with relevant staff may be arranged immediately on receipt of the complaint.
3. All complaints will be investigated within 10 working days of acknowledgement to decide whether the complaint is justified/ substantiated.
4. If more than 10 working days is required to investigate the complaint, the complainant is notified that additional time is required. If the additional time is more than 20 working days, the complainant is informed and advised of the reasons why,
5. The complainant will be updated on the progress of their complaint at intervals of not more than one month.

1. If a staff member is named in or associated with a complaint, they are advised prior to any investigation commencing, and will not be involved in the investigation.
2. Staff named in any complaint will have the right of reply and the right to seek advice from their chosen delegate if necessary.
3. Staff may be asked to meet with the complainant to assist in complaint resolution. Staff will have the right to have a support person alongside them.

1. Complaints are confidential information and are always to be stored securely.
2. All complaints correspondence is kept in a central file with the Complaints Officer.
3. If a complaint is received from someone other than a client, and information in the response is related to the client’s care and treatment, signed consent must be obtained from the client (or parent/guardian) before the outcome of the investigation can be released.
4. If the complaint comes from a third party and the patient has died, the trustees and executors of the estate are to be asked for consent before the complaint is investigated. Evidence of the authenticity of the trustees or executors’ consent is a copy of the Grant of Probate of the will of the deceased patient.
   

If you have a complaint with a Well Revolution product or service, please tell us about your issue. Your complaint will be recorded here. We will acknowledge your complaint in writing within five working days, and provide a more substantive response within 10 working days.
Submit your complaint here >

• Open Disclosure
• HDC Implementing the Code of Rights
• Privacy Policy

• ProCare ProCare Contracted Providers Agreement and Protocol for Clauses 12.2 and 12.3
• Office of the Privacy Commissioner Privacy Commissioner
• Health Information Privacy Code (1994)
• Office of the Health and Disability Commissioner (HDC) Code of Rights
• HDC Complaints Management Guide for General Practice 2015
• HDC Learning from Complaints
• Advocacy Services HDC Advocacy Service
• Office of the Ombudsman Te Tari o te Kaitiaki Mana Tangata – Effective Complaint Handling
• Coles Medical Practice in New Zealand 12th edition
• Medical Council of NZ the Complaint Process
• Health Quality and Safety Commission of New Zealand
• Health Practitioners Competence Assurance Act (2013)
  

If you are not satisfied with the service you have received, if you would like to dispute a charge made to your account, or for any other concerns you have regarding the service you have received from us and/or a service provider, please let us know.

Our customer service team is here to help you and we are always happy to discuss your concerns.

We will always act in a fair and reasonable manner when considering a request for a refund, for both you and the provider. We will investigate your concerns and work to resolve them within 5 working days.

Based on the outcome of that investigation, we may:

1. adjust the fee charged by that provider for the service they have provided to you (for example, insufficient service; a technical error in the App prevented service being provided);
2. refund the fee charged by that provider for the service they have provided you (for example, a service was not provided).

To request a refund, chat with our support team (press the chat icon in the bottom-right of this webpage).

Users pay for Healthcare Services using their payment card in the App. They are charged a fee to their payment card whenever there is a Billing Event. Billing Events are based upon a set of Billing rules.

A Billing Event is created when an instruction is given by a provider to close a consultation in the App. (The process for closing a consultation is provided in the App user guides).

A Billing Event creates a charge to a User based on a combination of the Consultation Fee, Fee Type, Billing Hours, Billing Time and any Special Event.

Users pay for Healthcare Services using their payment card in the App. They are charged a fee to their payment card whenever there is a Billing Event. Billing Events are based upon a set of Billing rules.

A consultation is closed by a provider after a User’s request for Healthcare Services is satisfied. Closing a consultation creates a bill to the User and prevents the User from sending any further messages as part of that particular request.

Your Practice is responsible for providing the fees it makes available and that it will charge to Users for the services you provide in the App.

Fees are provided in tiers based upon the User Rate and the Billing Hour Rate made available in the App from time to time. For example, in addition to its usual fees, a practice may have rates for Under-14, Over-65, CSC or HUHC patients. Practices can set a separate User Rate based on the Billing Hours.

Well Revolution recognises rates for services provided within normal hours of business for a Practice (“Business Hours”) and services provided outside of normal hours of business (“After Hours”) such as evenings and weekends. A Practice can set its rates for Business Hours and After Hours where available.

The rate billed and charged to a User is based on a combination of the following event times.

1. Request Time is recorded as the date and time a User first sends a message in the App with a request for Healthcare Services.
2. Response Time is recorded as the date and time a Provider first sends a message in response to a User’s request for Healthcare Services in the App.
3. Close Time is recorded as the date and time a Provider closes the consultation.

Special billing events may be made available from time to time based on the needs of providers. For example, closing a consultation with an instruction to bill at the Under-14, CSC or HUHC rate; or zero-rating the bill in cases where a request could not be satisfied. Any such special billing events will be notified to you as they become available.

The rates used to bill and charge a User on a Billing Event are based on the following table.

Table 1. Rates applied to billing events during Business Hours (B/H) and After Hours (A/H)

• The After Hours rate applies only to events where both the Request Time and Response Time are After Hours and the Service Time is less than 3 hours.
• For all other events, the Business Hours rate applies.
• Service Time is the reasonable period of time that a User can expect to receive a first response to their request. It is the period of time between Request Time and Response Time.

Well Revolution operates a merchant account into which all payments made by Users are deposited (“Merchant Account”).

Healthcare Services rendered to Users are provided by a Practitioner.

Payments are made by us to a Practice who employs or otherwise engages the Practitioner to provide the Healthcare Services to Users.

Funds from Consultation Fee transactions are deposited to the bank account of a Practice weekly on Mondays. Weekly payment cycles run from Monday 6AM – Monday 5:59AM.

The Service Fee due to us under the terms of the Well Revolution Services Agreement for Providers together with any other amounts due by you to us will be deducted from the weekly payments due by us to you. We also reserve the right to invoice you for payment of any amounts due in the event that we consider that there may not be sufficient funds available from the Merchant Account to meet the payments due.

We may recover from you any fees or other amounts charged back by a credit card company to Well Revolution in relation to any transactions which have not been deducted from the funds received by us and remitted to you by deducting them from any amount subsequently payable to you or require you to otherwise reimburse us for such fees or other amounts.

Where a credit card company reverses payment due to fraudulent credit card use and we are unable to obtain such payment, we shall each be responsible for the losses associated with our respective components of the transaction.

The following Service Fee applies on a per Healthcare Services transaction basis calculated as a percentage of the Consultation Fee. The Service Fee is charged by Well Revolution to your account.

‍An additional Merchant Fee applies on a per Healthcare Services transaction basis calculated as a percentage of the Consultation Fee. The Merchant Fee is charged by Well Revolution to your account.

‍(Merchant fees are charged by credit card providers and banks as a percentage of transaction value)

Why does Well Revolution charge a service fee?
We charge a service fee for consultations made through the app to help fund our platform’s operations and to support innovation that enables us to serve more people.