TERMS OF SERVICE

Welcome to Well Revolution

Thanks for using our products and services and thank you for taking the time to read our terms and conditions.

By using our sites and services and in consideration of us providing you with access to them, you agree to the following Terms and Conditions, which, together with the Privacy Policy, govern your access to and use of the sites and services.

Our sites and services might not be appropriate for all medical conditions or concerns. If you have a medical emergency, immediately call your doctor or dial 111.

We reserve the right to amend these Terms and Conditions from time to time.

INTRODUCTION

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.

HEALTHCARE 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.

PHARMACY 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.

SITE CONTENT

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.

INFORMED CONSENT

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.
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.

PRIVACY

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.

USER ACCOUNTS

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.

USE OF THE SERVICES BY CHILDREN

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.

ACCESS RIGHTS

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.

FEES AND PURCHASE TERMS

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.

SUBSCRIPTION PRODUCTS

Certain Services available for purchase through the Site require that you 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.

PRESCRIPTION PRODUCTS

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 within 5 business day of a successful consultation taking place and shipped to you or will be made available for you to collect from, the applicable Pharmacy. Prescription deliveries are delivered by Courier Post. Delivery times by Courier Post vary depending on your shipping address.

WEBSITE LINKS

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.

OWNERSHIP

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.

TRADEMARKS

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 authorized 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.

TERMINATION

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.

RIGHT TO MODIFY

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.

DISCLAIMER OF WARRANTIES

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.

LIMITATION OF LIABILITY

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.

INDEMNIFICATION

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.

GEOGRAPHICAL RESTRICTIONS

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.

MISCELLANEOUS

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

[UPDATED 10 MARCH 2020]