Terms and Conditions

1.    Introduction

1.1    These are the terms and conditions (the “Terms”) that apply to your access to, and use of, the services provided by Autonomy Health (NZ) Limited (Company number 8246473) (“Autonomy”, “we”, “us” and “our” and such references includes our officers, employees, contractors and assignees).

1.2    Where we refer to “you” or “your” in these Terms, we mean the individual using our services.

​1.3    By accessing and using our services, you acknowledge you have read, and agree to comply with, these Terms.  Accordingly, please read these Terms carefully.

​1.4    We may wish or need to change these Terms, in whole or in part, from time to time (including fees payable).  If any of the changes will disadvantage you, and the changes are within our control, we will notify you by email and/or text at least 10 days before the changes take effect.  

​1.5    The date at the beginning of these Terms will be updated to the date the changes take effect.  You are responsible for ensuring you are familiar with the latest Terms.  Your continued use of our services after any changes are made will be confirmation of your acceptance of these Terms as amended.

2.    Our services

​2.1    We provide a range of health services addressing the causes of metabolic dysfunction, type 2 diabetes, cardiovascular disease, cancer and dementia. The particular services we will provide to you will be separately agreed in writing with you.

2.2    We will provide you with our services on the terms set out in these Terms.  We will determine, in our sole discretion, the manner and means by which the services are performed.

3.    Your Account

3.1    You will be required to provide certain personal information and login information (including a user name and password) that will enable us to establish a personalised account for you (“Your Account”).  

3.2    Your Account will enable you to enter, amend, delete and view personal and billing information, surveys and questionnaires, medical information, health coaching information, test information, health data and biomarkers, book meetings and on-line sessions with your doctor and coach, chat with your doctor and coach, and order or subscribe for products and services.

3.3    You must keep your login information secure to avoid use by other persons.  If Your Account is accessed by another person with your login information, or if you know or suspect another person has obtained your login information, you must immediately notify us at hello@autonomy.health.

​3.4    You agree that once your account is set up, we may send you communications, whether electronic or otherwise, to the details provided on Your Account.

​3.5    You agree that any information you provide to us will be true and accurate and if your circumstances change resulting in any information you have previously provided to us no longer being true and accurate, you will immediately notify us by email at hello@autonomy.health.

4.    Fees

4.1    The fees for our services are set out on our website.  The fees include GST.

​4.2    Payment for all services is to be made by automatic bank transfer to the bank account notified to you by us from time to time, or by credit card, in advance on the first calendar day of each month before the provision of the services.  You must make payment of all our fees without set off, deduction or withholding of any kind.

​4.3    If you default for any reason in payment of any amount on the due date (time being strictly of the essence), you will pay to us on demand interest at a rate equal to 10% per annum calculated by us on a daily basis on the amount so unpaid from the due date until payment.  Charging of this interest will not limit any of our other rights or remedies in respect of your default.

5.    Devices

5.1    We may, from time to time, provide you with medical devices in connection with the provision of our services.  These devices will at all times remain our sole and exclusive property.

5.2    If you damage or lose a device, we will be entitled to recover the cost of the repair or replacement from you.

6.    Termination

6.1.   You may stop using our services at any time.  If you also wish to terminate or close Your Account with us, you can do so by emailing us at hello@autonomy.health.

6.2    We reserve the right, at our reasonable discretion, to suspend or terminate your access to Your Account and/or our services, at any time, either temporarily or permanently.  We may exercise this discretion if you breach these Terms (including failure to pay any amount owed to us).  We will notify you of a suspension, termination and/or the closure of Your Account using the details you have provided to us.

6.3    If, at the time of suspension or termination of our services and/or the closure of Your Account, you have agreed to purchase our services, and you have outstanding payments due to us, you remain liable to make remaining payments, and any outstanding default fees, until all amounts owed to us have been paid.  For example, some services have a minimum contract period.  If you terminate our services within that minimum period you will still be required to pay our fees for that minimum period.

7.    Warranties and indemnity

7.1    We warrant that we will use all reasonable skill and care in the provision of our services to you.

7.2    Our services are provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded to the extent that they can be excluded as a matter of applicable law. 

7.3    You acknowledge that our services are an accompaniment, and not a substitute, to the advice provided by your doctors.

7.4    You represent that you have not relied on any representation made by us which has not been expressly stated in these Terms and, without limitation, you acknowledge that we have not represented to you that by receiving services from us you will achieve and sustain optimal health or otherwise any particular health outcome.

7.5    You acknowledge and understand our past health successes or health successes of others are not a guarantee that you will have any health success after receiving our services given the difference in personal attributes, personal behaviours and environmental attributes outside of our control.

 8.    Prescriptions

8.1    We are not a pharmacy so if we write a prescription for you we will send it to your preferred pharmacy for collection by you.

8.2    Any product, medicine or medication that we prescribe you must be solely used for your own personal use and you must not allow any other person to take, use or have access to that medication.  When taking any medication prescribed to you, you must strictly follow the instructions your doctor has provided to you.  If there is any conflict between the advice provided by your doctor and the manufacturer of the product or the pharmacist, you must contact us before taking the medication.

8.3    If while taking medication you suffer any noticeable side effects that are causing you concern, we recommend you seek advice from a health professional 

9.    Personal information and privacy

9.1    To open Your Account, and use our services, you will need to provide some of your personal information with us.  We may not be able to provide our services to you if you do not provide this information.

9.2    Our privacy policy advises you of the information we collect and how we use and share it.  Our privacy policy can be found on our website at www.autoomy.health/privacy.  By using our services, you accept the terms of our privacy policy. 

10.     Liability and indemnity

10.1.   Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, but otherwise to the maximum extent permitted by law, we are not liable to you for any loss or damage (whether it is direct, indirect, consequential or otherwise) arising out of, or in connection with the use of, our services.

10.2    You agree to release us from any claims that you may have against us and will at all times indemnify us against all proceedings, actions, claims or demands made by any person whether for personal injury (including death and disability) or otherwise and whether occasioned by negligence, breach of a statutory duty, tort, equity, breach of contract or otherwise suffered as a result of or in connection with you using our services.

11.    Website and mobile app

​11.1    You agree not to use our website, patient management system or mobile app:

 (a)     for any unlawful, fraudulent or improper purpose;

 (b)    in any manner which alters, damages or otherwise impairs, or interferes with any other person‘s use; and/or

 (c)     to introduce any harmful materials (like spyware, viruses or other damaging items).

​11.2    We may, from time to time, issue upgraded versions of the website and/or mobile app without notice to you.

11.3    Our website and/or mobile app may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of our control (including viruses and other harmful elements).  We will use all reasonable endeavours to limit such unavailability, errors, defects, maintenance and events.

12.    Intellectual Property

12.1   In these Terms, “Intellectual Property” means all rights to, and interests in, any copyright, trade mark, know-how, domain name, software and any other proprietary right or form of intellectual property.

12.2   All Intellectual Property in the website and the mobile app is owned by us or our licensors (as applicable) and none of the contents of the website and the mobile app may be used, reproduced, copied or distributed, in any way whatsoever, other than to use the website and the mobile app for your personal use.

12.3  You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of the website and the mobile app.

13.    General

13.1    We will communicate with you by telephone, or through text messages and/or email, and you consent to us communicating using the contact details you provide to us.

13.2    You may not assign or transfer any of your obligations under these Terms. We may assign some or all of our rights, obligations and/or interests, subcontract some or all of our obligations or novate our agreement with you, to another person provided it does not detrimentally affect your rights under these Terms.  Where we do this, we will let you know (including letting you know where you can access contact information for the person who we will or have transferred to and when the transfer will or has taken place).

13.3   No waiver of any breach, or failure to enforce any provision, of these Terms at any time by you or us will in any way affect, limit or waive your or our right to enforce and compel strict compliance with the provisions of these Terms.

13.4.  If any part of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms, which will remain in full force and effect.

13.5   The use of our services in New Zealand is governed by, and will be construed under, the laws of New Zealand and the courts of New Zealand will have exclusive jurisdiction.