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Terms & Conditions

WEBSITE TERMS OF USE AND PRIVACY STATEMENT

These terms and conditions apply to the use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site.

TERMINOLOGY

In these terms and conditions, the expressions "we", "us" and "our" are a reference to "your business".

AMMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

PRIVACY

You may browse and access information contained within this web site without providing any personal information. Where you voluntarily provide personal information (e.g. through online forms), we will only use that information to undertake any transactions with you. We will keep any such information secure and will not disclose it to any third parties. To view any personal information held by us, or if you have any concerns about personal information that we hold, please write to: The Privacy Officer Heart Foundation PO Box 17160 Greenlane Auckland 1546

INFORMATION SERVICE

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources, which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry and / or health professionals before acting or relying on any information or material, which is made available to you.

DISCLAIMER

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

EXCEPTION TO DISCLAIMER

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

SPECIFIC WARNINGS

You must ensure that your access to this web site is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process, which you employ for accessing this web site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Responsibility for the content of advertisements (if any) appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

COPYRIGHT

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or Commercialise any information, products or services obtained from any part of this web site; Without our written permission.

TRADE MARKS

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks: in or as the whole or part of your own trade marks;

in connection with activities, products or services which are not ours;

in a manner which may be confusing, misleading or deceptive;

in a manner that disparages us or our information, products or services (including this web site).

RESTRICTED USE/PASSWORD USE

Unless we agree otherwise in writing, if you are provided with password access to this web site that is provided only for your personal use. You are not authorised to give your password to any other party. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

LINKED WEB SITES

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information and/or password and identifier with any other person.

TERMINATION OF ACCESS

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

GOVERNING LAW

These terms and conditions are governed by the laws in force in New Zealand.