Terms of use

Date of Terms:  8 September 2017

 

Agreement

By downloading, installing or using the Emergency Q application (“Emergency Q”) you agree that you have read and understood the following terms of use (the "Terms") and agree to be bound by them. If you do not agree to be bound by these Terms please do not download, install or use the Emergency Q.  The Emergency Q is provided by Healthcare Applications Limited (“we”, “us”, “our”).  We may amend these Terms at any time by posting the revised Terms on the Emergency Q together with the date of the amended Terms.  Any amendments will be effective from the date of positing.  Your use of or access to the Emergency Q after the amendments are posted evidences your acceptance of the amendments and your agreement to be bound by them.   We may, at any time, temporarily or permanently modify, suspend or discontinue the Emergency Q, including how the Emergency Q operates and who may access the Emergency Q.  We will not be liable to any person for any modification, suspension or discontinuance of the Emergency Q.

Emergency Q is not a substitute for professional health care or advice

The Emergency Q, and any information provided in or through the Emergency Q, is provided on an “as is” basis.  Your use of the Emergency Q is at your own risk and you are solely responsible for your use of the Emergency Q.  The Emergency Q is provided for information purposes only and is not intended to be used to replace the advice of a qualified health care provider.  If you are unsure whether to use Emergency Q please contact your qualified health care provider.    
The Emergency Q is supplied from and to New Zealand and we do not warrant that the Emergency Q is appropriate or available for use in any other country other than New Zealand.  The Emergency Q does not provide care options in every part of New Zealand and only provides patients and carers with data in areas where hospitals and providers of primary care have agreed to use Emergency Q and made their data available.
 

Third parties

The Emergency Q provides you with access to information about the average wait time to see a qualified health care provider in specified hospital emergency departments and private urgent care /accident and medical clinics (UCCs).  That information is provided by the hospital and the UCC clinic to the Emergency Q and so we will not be responsible for the accuracy of the wait time data.

We are not responsible for, and will have no liability in connection with, any transactions or disputes between you and the hospital emergency department or the private UCC clinic with respect to the care provided to you by those health care providers.  


Licence

We grant you a limited, royalty-free, non-exclusive, personal and non-transferable, licence to download, install and use the Emergency Q on a personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.  This licence does not allow you to use the Emergency Q on any mobile device that you do not own or control, and you may not distribute or make the Emergency Q available to any third party, including, without limit, over a network where it could be used by multiple devices or persons at the same time.  These Terms will govern any upgrades provided by us that replace and/or supplement the then-current Emergency Q, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.


Ownership of the Emergency Q

The Emergency Q (including any content made available through the Emergency Q) are owned by, or licensed to, us (or our licensors) and are protected by applicable intellectual property laws.  The Emergency Q is licensed, not sold, to you.  You may use the Emergency Q only as permitted by these Ter

ms.  You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Emergency Q; (2) use or merge the Emergency Q, or any component or element thereof, with other software, databases or services not provided by us; (3) sublicense, distribute, sell or otherwise transfer the Emergency Q to any third party; (4) use the Emergency Q as a service bureau, or lease, rent or loan the Emergency Q to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Emergency Q; (6) interfere in any manner with the operation of the Emergency Q; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Emergency Q; (8) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Emergency Q or reproduce or circumvent the navigational structure or presentation of the Emergency Q without our express prior written consent; or (9) use the Emergency Q for any commercial purposes.You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Emergency Q.  You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Emergency Q.

Any logo, trademark, domain name, or trade name appearing on the Emergency Q, including "Emergency Q," and its logo ("Trade Marks"), whether registered or not, are owned by us (or our licensees).  You may not use any Trade Marks without our express written permission.
 

Compliance with applicable laws

You must comply with all applicable laws regarding use of the Emergency Q.  Without limiting the previous sentence, you must not use the Emergency Q (including but not limited to the data, information and content made available through the Emergency Q (“Content”)) in a manner that breaches any third party right (including intellectual property rights and privacy rights), or that is objectionable, threatening, obscene, harassing, abusive, defamatory, harmful or unlawful in any way.


Information you provide to us

Any submission of your information through the Emergency Q is governed by our Privacy Policy [set out below].  
You represent and warrant that any information that you provide in connection with your use of the Emergency Q is and will remain true, accurate and complete, and that you will maintain and update such information regularly.  You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may end your use of the Emergency Q.
You own any information, content and materials that you submit through the Emergency Q.  You grant to us, and our service providers, a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable right and licence to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), evaluate, create derivative works of, transmit, publicly display and publicly perform such information, in accordance with the terms of our Privacy Policy.


Securing your information

You may be required to register with Emergency Q and/or provide a user name, password or other authenticating information.  Your user name and password are for your personal use only, and not for use by any other person.  You are responsible for maintaining the confidentiality of any password you may use to access the Emergency Q, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Emergency Q, to any third party other than as specified in the Emergency Q.  You are fully responsible for all interaction with the Emergency Q that occurs in connection with your password or user name, except to the extent caused by our negligence or misconduct.  You will notify us immediately of any unauthorised use of your password or user name or any other breach of security related to the Emergency Q as you become aware of it. To report unauthorised access or use of the Emergency Q, send an e-mail to contact@emergencyq.co.nz.

Suspension and Termination

These Terms are effective until terminated by you or us.  Without prejudice to any other rights or remedies available to us, we may terminate your use and access to the Emergency Q if you fail to comply with these terms.  To avoid doubt, termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.
Without limiting the previous paragraph, we may cease to make Content available through the Emergency Q.  We will use reasonable efforts to provide advance notice of the exercise of this right by posting a notice on our website.  You agree that this satisfies all legal requirements in relation to the notice.

Your acknowledgement

You acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Emergency Q, and for paying all charges related to such use.  We do not operate or control the Internet or your mobile connection, and we do not and cannot guarantee that the Emergency Q will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.


Exclusions of warranties

To the extent permitted by law:
a. we disclaim all express warranties, implied warranties (including implied warranties of accuracy, fitness for purpose) and we will not be responsible or liable for any error, delay or interruption in the Emergency Q; and
b. we make no guarantee, representation or warranty as to the timeliness, accuracy or reliability of the information provided by the Emergency Q.  
You agree that your access to and use of the Emergency Q is at your own risk and that you are solely responsible for any liability or damage that you may incur through your use of the Emergency Q.  
Nothing in these Terms affects any rights, warranties or guarantees you are entitled to under applicable consumer protection legislation, whether in New Zealand or elsewhere.


Limitation of liability
 

To the maximum extent permitted by law:
a. you access and use the Emergency Q at your own risk; and
b. we are not liable or responsible to you or any other person for any claim, damage, loss, liability and cost under or in connection with these Terms or your access and use of (or inability to access or use) of the Emergency Q or the Content.


To the maximum extent permitted by law, and only to the extent the above paragraph does not apply, our maximum aggregate liability under or in connection with these Terms or relating to the Emergency Q or the Content, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, will be limited to [$10].
Without limiting the foregoing, we are not liable to you under or in connection with these Terms, or relating to the Emergency Q or the Content made available through the Emergency Q for any:
a. loss of profit, revenue, savings, business, data and/or goodwill; or
b. consequential, indirect, incidental or special damage or loss of any kind.
Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the responsibility, liability or failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.


iOS Emergency Qs

Where you download, install or use the Emergency Q on an apple mobile device, you acknowledge that:
a. these terms are between us and you and not Apple; and
b. Apple has no responsibility or liability in respect of any matter relating to the Emergency Q or the Content, including your use or possession of the Emergency Q or the Content.
We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.


Pricing of clinic care

We use best endeavours to ensure the pricing stated on Emergency Q is accurate however we provide no guarantees that such pricing will be adhered to by participating clinics.


General

These Terms are subject to New Zealand law and any claims or disputes will be decided exclusively by the New Zealand courts.
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting country, and you are not listed on any US Government list of prohibited or restricted parties.
These Terms represent the entire agreement concerning the Emergency Q between you and us.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to in these Terms, are the entire agreement between you and us relating to the Emergency Q Emergency Q.
You can contact us at contact@emergencyq.co.nz with any questions or complaints regarding the Emergency Q.