Conditions for Use

October 2020

YOUR USE OF ANY MATUI LIMITED PRODUCTS (MATUI) PRODUCTS INCLUDING HE AKO HIRINGA WEBSITE, EPiC PRESCRIBING DASHBOARDS AND ANOTHER OTHER BRANDED HE AKO HIRINGA CONTENT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (‘TERMS OF USE’).

Limited License

As a user of The Products you are granted a non-exclusive, non-transferable, revocable, limited license to access and use The Products in accordance with these Terms of Use. Matui may terminate this license at any time for any reason.

Limitations on Use

Use of The Products is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from The Products. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy The Products without prior written permission from Matui Limited. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Products, except to the extent permitted above. Any unauthorised use of The Products is prohibited.

Intended Use

All care has been taken in the writing and development of The Products. The Products are intended for use by solely by New Zealand based clinicians for professional development and clinical education purposes. The Products are not intended to and do not constitute legal, financial, or medical advice of any other kind. The accuracy, completeness, adequacy, or currency of The Products is not warranted or guaranteed. Your use of information on The Products or materials linked from The Products is at your own risk.

Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained in these terms and conditions shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that The Products are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Linking to The Products

You may provide links to The Products, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the home page, including its sponsorships, the terms of use, the copyright notice, or other notices in The Products and (b) you discontinue providing links to The Products if requested by Matui.

License of Your Content to Matui

By uploading content to or submitting any materials for use on The Products, with the exception of your personal learning record, you grant (or warrant that the owner of such rights has expressly granted) Matui a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against Matui for any alleged or actual infringement or misappropriation of any proprietary right in your submitting material to us.

No Solicitation

You shall not distribute on or through The Products any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of Matui. Notwithstanding the foregoing, in any interactive areas of The Products, where appropriate you a) may list along with your name, address and email address, your own website’s URL and b) may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from The Products.

Sponsorship

The Products contain sponsorship. Sponsors are responsible for ensuring that material submitted for inclusion in or on The Products is accurate and complies with applicable laws. Matui will not be responsible for the illegality of or any error or inaccuracy in sponsors materials or for the acts or omissions of sponsors.

Subscription

The Products are intended for a health professional readership and certain sections of The Products require you to be a subscriber. On subscribing, you agree to provide Matui with accurate and complete information. It is your responsibility to inform Matui of any changes to that information. Each subscription is for a single individual only, unless specifically designated otherwise on the subscription page. Matui does not permit a) anyone other than you to use the sections requiring a subscription by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify Matui immediately by contacting us at admin@akohiringa.co.nz

Third Party Content

Third-party content may appear in The Products or may be accessible via links from The Products. Matui shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing in The Products. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Matui.

Disclaimer

The Products are provided on an "as is, as available" basis. Matui expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Matui disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to: a. any errors in or omissions from The Products, including but not limited to technical inaccuracies and typographical errors; b. any third-party websites or content directly or indirectly accessed through links in The Products, including but not limited to all errors or omissions; c. the unavailability of The Products or any part of it; d. your use of The Products; or e. your use of any equipment or software in connection with The Products.

Limitation of Liability

Matui shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of The Products and the interactive areas of The Products or any facts or opinions appearing on or through an interactive area. Matui shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including without limitation legal fees) in any way due to or resulting from or arising in connection with the use of or inability to use The Products.

Indemnification

You agree to indemnify, defend and hold harmless Matui, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to The Product from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms of Use by you.

Third Party Rights

The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of Matui and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to The Products. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Unlawful Activity

Matui reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

Remedies for Violations

Matui reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from The Products and any other additional Matui products.

Additional Terms

Privacy

Your use of The Products is subject to Matui Privacy Policy.

Severability of Provisions

These Terms of Use incorporate by reference any notices contained in The Products and Matui Privacy Policy and constitutes the entire agreement with respect to access to and use of The Products. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the notices in The Products and in Matui Privacy Policy, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Any questions regarding these Terms of Use should be directed to The General Manager, Matui Ltd, Box 31905, Milford, Auckland 0741 or emailed to admin@akohiringa.co.nz