Effective 28 October 2019
This is a legal Agreement between Phyx Limited (“Phyx”) and you, the user. By using the Phyx website, booking, or engaging in a digital consultation (“the Services”) you are agreeing to these Terms & Conditions. Phyx reserves the right to update or change these terms at any time.
1. Limitations on Use
By using our Services, you agree not to (i) modify, prepare derivative works of, or reverse engineer, our Services; (ii) knowingly or negligently use our Services in a way that abuses or disrupts the Services; (iii) transmit through the Services any harassing, indecent, obscene, fraudulent, or unlawful material; (iv) market, or resell the Services to any third party; (v) use the Services in violation of applicable laws, or regulations; (vi) use the Services to send unauthorized advertising, or spam; (vii) harvest, collect, or gather user data without their consent; or (viii) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties.
2. Proprietary Rights and Phyx Marks
You acknowledge that we retain all proprietary right, title and interest in the Services, our name, logo or other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the property of Phyx or is similar to any of these.
3. Fees and Payment
You agree to pay all applicable, undisputed fees for the Services on the terms set forth on the invoice. Any and all payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information in order to purchase our Services. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for Services at any time after, and price changes will be effective as of your next billing cycle.
4. Limitation of Liability
You agree that Phyx, in no event be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, mobile phone failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Phyx has been advised of the possibility of such damage. In no event shall Phyx’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You acknowledge that digital consultations may be limited in some cases and that an in-person consultation with a health professional may be more appropriate in these cases.
5. Termination and Suspension of Services
If you fail, or Phyx suspects based on reasonable grounds that you have failed, to comply with any of the provisions of this Agreement, Phyx reserves the right to terminate or suspend Services at any time, and without notice. Phyx will not be liable to you or any third party should it exercise such a right.
6. Governing Law and Jurisdiction
New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.