Terms of Use

Agreement between the User and Compass Health

The Shared Care Record website is comprised of various web pages operated by Compass Health. The Shared Care Record website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Shared Care Record website constitutes your agreement to all such terms, conditions, and notices.

Modification of the Terms of Use

Compass Health reserves the right to change the terms, conditions, and notices under which the Shared Care Record website is offered, including but not limited to the charges associated with the use of the Shared Care Record website.

Links to Third Party Sites

The Shared Care Record website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Compass Health  and Compass Health are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Compass Health are not responsible for webcasting or any other form of transmission received from any Linked Site. 

No Unlawful or Prohibited Use

As a condition of your use of the Shared Care Record website, you warrant to Compass Health that you will not use the Shared Care Record website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Shared Care Recird website in any manner which could damage, disable, overburden, or impair the Shared Care Record website or interfere with any other party's use and enjoyment of the Shared Care Record website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Shared Care Record website.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Shared Care Record WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Compass Health AND/OR THEIR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Shared Care Record WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Shared Care Record WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Compass Health AND/OR THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Shared Care Record WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Compass Health AND/OR THEIR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Compass Health AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Practice WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Practice WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Shared Care Record WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Practice WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Compass Health OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Shared Care Record WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Shared Care Record WEB SITE.

SERVICE CONTACT: enquiries@compasshealth.org.nz

Termination and Access Restriction

Compass Health reserve the right, at their sole discretion, to terminate your access to the Shared Care Record website and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of New Zealand and you hereby consent to the exclusive jurisdiction and venue of courts in New Zealand in all disputes arising out of or relating to the use of the Shared Care Record website. Use of the Shared Care Record website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Compass Health as a result of this agreement or use of the Shared Care Record website. Compass Health's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Compass Health's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Shared Care Record website or information provided to or gathered by Compass Health with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user, Compass Health with respect to the Shared Care Record website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Compass Health with respect to the Shared Care Record website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

Copyright and Trademark Notices

Unless otherwise stated, all contents of the Shared Care Record website are: Copyright 2015 by Compass Health Ltd. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to the Copyright Act 1994, notifications of claimed copyright infringement under New Zealand copyright law should be sent to:

Chief Information Officer
Compass Health
PO Box 27 380
Marion Square
Wellington 6141