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Terms & Conditions and Disclaimer

TERMS & CONDITIONS AND DISCLAIMER

Legal Notice

Welcome to the Eldernet Ltd website.  Please read these terms and conditions and the disclaimer (Terms) carefully.  By accessing and using our website, and our related services, you confirm that you have read and agree to the Terms.

In these Terms:

"we", "our", "Eldernet Ltd" means Eldernet Limited a company duly incorporated in New Zealand with the company number 867140;

"you" and "your" means the person using our services or visiting our website;

"services" means information that we provide and anything else we do for you, including allowing you to access our website.

Limited License

Subject to these terms and conditions, Eldernet Ltd grants you a non-exclusive, non-transferable, limited right to access, use and display this site. As a condition of use of our web- site you agree not to:

  • disrupt activity online;
  • use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
  • post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
  • use a false identity for any purpose including misleading others as to the identity of the sender or origin of any message;
  • send objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
  • abuse, defame, threaten, stalk or harass others;
  • run network scanning software or use open relay to distribute messages; and
  • introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else's computer system or communications services.

You agree to fully indemnify us (including our officers, employees and agents) and hold us harmless against all loss, damage, cost or expense we may suffer or incur as a result of any breach of these Terms by you.

You must:

  • comply with these Terms at all times;
  • make sure all information you supply to us is complete and accurate; and
  • ensure that any user name, password login or other secure access information to our website as we may supply to you, is kept strictly confidential at all times and is only used for the purposes it is provided for an in accordance with these Terms and our further instructions.

 

Information provided by you

Eldernet Ltd does not want you to, and you should not, send any confidential or proprietary information to Eldernet Ltd via the website. You agree that any information that you or individuals acting on your behalf provide to Eldernet Ltd will not be considered confidential or proprietary. By providing any such information to Eldernet Ltd, you grant to Eldernet Ltd an unrestricted, irrevocable, worldwide, royalty-free license to use (including in modified form), reproduce, display, publicly perform, transmit and distribute such information, and you further agree that Eldernet Ltd is free to use any copyright works, ideas, concepts or know-how that you or individuals acting on your behalf provide to Eldernet Ltd.

Limitations of Damages

In no event shall Eldernet Ltd or any of its subsidiaries be liable to you or to any other person for any direct, indirect, special, consequential or other damages (including, without limitation, any loss of profits, business interruption, loss of information or programs or other data on your information handling system) that is related to your use of, or the inability to use, the content, information, and functions of our website or any linked website or your reliance on any information, advice, opinion, representation or omission, whether negligent or otherwise, contained on this website, even if Eldernet Ltd is expressly advised of the possibility of such damages.

Changes

We may change these terms and conditions at any time by changing or removing existing terms or adding new ones. You will be deemed to have been notified about any changes once an updated version of our policy is published on our website. Any change we make applies from the date we publish it on our website.

Your continued use of the website after any changes to this Agreement are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. We may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Information 

International Users and Choice of Law

This website is controlled, operated and administered by Eldernet Ltd from its office in New Zealand. Eldernet Ltd makes no representation that information at the website is appropriate or available for use at other places outside of the New Zealand and access to the website from jurisdictions in which the contents may be illegal is prohibited. If you access this Site from a location outside of New Zealand, you are responsible for compliance with all local laws. These Terms of use shall be governed by the laws of New Zealand and the Courts of New Zealand have non-exclusive jurisdiction over any dispute relating to these Terms.

 Links and Advertising

Our website may contain links to third party websites. These third party websites are not under our control and so we are not responsible for the content or the links contained in those websites. We do not recommend or endorse the content of any third party website which may be linked to or from our website, or the products or services of any third party mentioned or described on our website. You acknowledge that you enter any third party websites at your own risk.

Our website may contain advertisements for third parties' products and services. You acknowledge that the third party advertisers are solely responsible for the accuracy of all representations made in those advertisements. We are not the party offering those goods or services for sale and do not necessarily recommend or endorse those goods or services, or make any other representation whatsoever about them.

Intellectual Property and Reproduction

We either own or otherwise have the right to licence all the intellectual property and related content displayed on our website.  Unless stated otherwise in writing by us, you are permitted to view this information only, and you must not copy or use of any material on this website, or in any way deal with our website, other than as authorised by us in these Terms or specifically on the material in question.

Without limitation, you accept that unauthorised uploading, framing, copying or otherwise reproducing material from our website breaches these Terms and infringes our intellectual property rights. If you wish to use, reproduce, modify or benefit from material on our website, please contact us and seek our permission.  Exceptions to this are the granting of our permission to print out any material from the site for your own personal non-commercial use (or on behalf of a third person eg an older person who cannot use the internet).

Our Privacy Policy

We operate our services in accordance with the principles set out in The Privacy Act 1993. Privacy issues are further explained in The Reviews Section – which makes up part of these Terms.

Lucky Orange Web Analytics Service
This site uses the Lucky Orange analytics system to help improve usability and the customer experience. Lucky Orange may record mouse clicks, mouse movements and scrolling activity. Lucky Orange may record keystroke information that you voluntarily enter on this website. Lucky Orange does not track this activity on any site that does not use the Lucky Orange system. You can choose to disable the Lucky Orange Service at http://www.luckyorange.com/disable.php. Note, that doing so will disable other features of the Lucky Orange system that this site employs such as 1-to-1 support chat.

 

THE REVIEWS SECTION

The terms below are part of the Terms (as stated above).

The purpose of the reviews section of the website is to:

  • allow you to hear the opinions and feedback from customers, family/whanau/agia providing their perspective, other interested parties and people who work in the sector etc. or
  • provide you with an avenue to give your own feedback.  

Please note: the views expressed in the reviews section are not the views of Eldernet Ltd and Eldernet Ltd cannot be held responsible for those views or decisions based on those views.  If you are concerned about any of the views expressed or otherwise please contact us at team@eldernet.co.nz.

We believe that good decisions are based on a variety of factors and our Review Service offered on the website provides another strand. If you are making a decision about a service we encourage you to not rely solely on comments made in reviews and encourage you to:

  • Look for a pattern in the reviews. Be suspicious of the single ‘overly’ positive or negative feedback or widely different comments.
  • Base your decisions on a wide range of factors including information you find on our website.
  • Thoroughly research your options when making a major decision.
  • Ask around – find out what others recommend.
  • Get legal advice where indicated or required.

If you are making a comment

If you want to make a comment in our review section you are required to provide us with your contact details and to agree to our Terms. This constitutes setting up an account.

You may only use one email account for posting comments and may not assume other/multiple identities.

Our process involves staged posting i.e. postings are not immediately shown on the site and are firstly seen by an independent moderator who checks it (they may remove personal identifiers or comments contrary to our Terms and Conditions), who checks it before sending it to the provider.

Service Providers cannot alter your comments. Their options are:

  • to accept the posting of your comment without reply; 
  • to accept your comment and provide a response for inclusion; 
  • or to refer the comment back to the independent moderator 

Note: If they take no action the post is automatically sent back to the independent moderator.

All service providers have a complaint process. Use this as a first option. This review service is not the place for serious complaints. You can get assistance from an Advocate at the Health and Disability Commissioner’s office. They may also advise you of any other course of action you might take. Examples of serious complaints: failure to provide an acceptable standard of wound care in a rest home, breach of sexual boundaries following a professional relationship, medication error resulting in serious consequences, person left naked in lounge.

In submitting a comment to our review system you authorise us to provide your account details and your comment to the authorities should the comment suggest an offence has been or may be committed.

The  independent moderation is provided as it is important to protect consumers of the service (who may be unwittingly identified) and to make sure serious complaints are dealt with professionally and referred to the appropriate authorities when required. In many instances we are dealing with older people’s lives and their rights are paramount.  You authorise our moderator to make amendments to your comment to avoid any breaches of the Privacy Act.

We also employ vigilant processes to ensure that people who post comments are doing so legitimately and are not pretending to be someone they are not, posting fake reviews either in favour of, or attempting to discredit a service or a competitor, copying information from elsewhere etc. We do this in part, by requiring your contact details and recording your IP address. We also retain your posts comments and any email correspondence.

Use of your information and protection of your privacy

We also gather your contact details to: verify your identity, allow the moderator to contact you if necessary, enable us to enforce our Terms and Conditions and to protect the lawful rights of service providers and our own valuable reputation.

Your information is held on our server located in New Zealand and will only be available to authorised Eldernet staff and provided to authorised persons e.g. our independent moderator, or to the police, government departments etc. if required for legal purposes.  We take all practical and reasonable steps to secure your personal information from unauthorised access, use or disclosure.  However, it is not possible for any organisation (including ours) to guarantee that 100% security will be maintained at all times.

We may also contact you to gather demographic information.

 Should you be contacted by the moderator and should you have posted under an alias or anonymously they will confirm that they will not disclose your details to the service provider or elsewhere unless you give permission for them to do so (with the exception of a suspected breach of the Terms or any suspected illegal activity). You have the right to enquire as to whether your information has been released. Email 

We do not sell or rent your personal/identifiable information to any third party nor do we sell or rent your email address.

You have a right under the Privacy Act 1993 to request to access and correct your information. If we update these details on your behalf we will retain the previous information so that accurate historical records are kept.

If you wish to have your information deleted we would consider this carefully and would be likely to seek legal advice. Email 

 

ELDERNET LTD SUBSCRIBERS / MEMBERS / UPDATERS – ENTERING DATA

Database Access

In this clause, unless the context otherwise requires:

  • "Your Data" means the information contained in the Database pertaining solely to the services you/your organisation provide or the information pertaining to other services who have given permission for you to convey it on their behalf.
  • " Database" means our computerised information database and all modifications, updates and extensions of that Database dealing with the same subject matter.
  • Where by prior written arrangement with Eldernet Ltd you wish to update Your Data contained on our website, then, subject to these terms and conditions, we grant you a non-exclusive, non-transferable limited use licence to access Your Data contained on our website at such times as the Database is available for accessing and solely for the purposes of updating, editing or amending Your Data.
  • As a subscibing member of Eldernet Ltd. you agree to pay all charges, including debt recovery fees if your account is not paid by the due date.

This licence does not give you any rights of ownership or copyright or other intellectual property right to the Database or any other written material supplied by us.

Where we provide electronic passwords to your personnel who wish to access the Database to update, edit or amend Your Data you agree to notify us of all personnel in order that an up to date inventory of current and invalid passwords can be maintained. You are responsible for maintaining the security and integrity of all electronic passwords.

You acknowledge and agree that you are only able to access and update, amend or edit your data as agreed with Eldernet Ltd. Any breach of the provisions of this clause shall enable Eldernet Ltd to terminate this limited licence without notice. Upon termination of this licence you shall immediately cease to access our Database or update, amend or edit Your Data.

 The Database Access terms are subject to the provisions of the Privacy Act 1993. 

 

DISCLAIMER

The information displayed on this website is provided for guidance only and may contain inaccuracies and typographical errors. Much of the content is provided by third party service providers and is information they provide about their own service. Eldernet Ltd does not warrant the accuracy or completeness of the information or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information is at your sole risk. Eldernet Ltd reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Eldernet Ltd may make any other changes to the site, programs, services or prices described in the site at any time without notice. This site and information on the site, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, suitability, or fitness for any particular purpose.

 2015-07-31