Terms and Conditions

By using this website (“our site”) you are accepting and agreeing to be bound by these Terms & Conditions and our Privacy Policy . If you do not agree to either of these, you should not use our site.

 

You should read these Terms & Conditions carefully, and make sure that you understand them before you start to use our site – amongst other things, they exclude or restrict our liability to you regarding your use of our site, even if we have been negligent.

 

You can print a copy of these Terms & Conditions for future reference by selecting the print option from the “File” menu of your browser.

 

Information About Us

The website is operated by SYSTEC (”we” or “us”). SYSTEC is a limited company registered in New Zealand. Registered office: Unit D, 1 Cebel place, Rosedale, Auckland, New Zealand

 

Our Site Content

 

Our site’s content – whether it is material we have provided or material posted by readers – is for information purposes only: it is not a substitute for professional medical advice, and it is designed to support, not replace, the relationship between you and your healthcare providers.

 

We will try not to make material we have provided misleading, but we do not guarantee this and nor do we guarantee that it is accurate, complete or up-to-date. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

We do not review all the material posted on our site by other viewers, and we will not be liable for any loss or damage resulting from any reliance on such material.

 

Note: Before you use any product, you should carefully read its labels and packaging and you should consult your doctor if you have, or suspect you may have, any health problem. You should consult your doctor before taking any product for the first time – this is especially important if you are already under medical care.

 

Links from our site

 

Where our site contains links to other websites and resources provided by third parties, or Products or Services offered by third parties, those external links are provided for your information and convenience only. You use or rely on any external links and the websites they link to at your own risk – we accept no responsibility for them and we will not be liable for any loss or damage that may arise from your use of them. Your use of those websites is subject to the terms and conditions of use and supply and privacy policies to be found on those websites.

Those third party websites are beyond our control and we do not represent or warrant:

 

  • That the links work;
  • Anything about those websites or their content or resources;
  • Anything about any products or services available from third party sellers through our site or through any website to which we have provided a link. In particular, we do not represent or warrant that such products or services will be of satisfactory quality.

 

This does not affect your statutory rights against the third-party seller. If you would like information about your legal rights, you should contact your local trading standards or citizens advice bureaux.


We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.

 

Use of Our Site and Equipment

 

You are responsible for making all arrangements necessary for you to have access to our site.

 

You must ensure that all persons who access our site using your computer (which includes any device capable of accessing our site, such as a smartphone or a tablet) are aware of these Terms & Conditions and comply with them.

 

Except as permitted under applicable law or in accordance with these Terms & Conditions, you must not use, copy, translate, publish, communicate to the public, license or sell any materials or information appearing on our site, or the structure, overall style or program code of our site, without our consent. If you wish to make a request for consent, please contact us.

You must not use our site, or cause it to be used:

  • For any unlawful purpose.
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To post any material which does not comply with our Content Standards.
  • To send any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To send or receive any material which you know, suspect, or have reason to believe contains viruses, malware, ransomware, Trojan horses, worms, time-bombs, logic bombs keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You must not (except in the course of your ordinary use of our site):

  • Attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site.
  • Cause or participate in a denial-of-service attack on our site or the server on which our site is stored.
  • Access, interfere with, damage or disrupt:
    • Any part of our site;
    • Any equipment or network on which our site is stored;
    • Any software used in the provision of our site; or
    • Any equipment or network or software owned or used by any third party.
  •  

A breach of these prohibitions may constitute a criminal offence under the Computer Misuse Act 1990 or other legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

We will not be liable for any loss or damage caused by a denial-of-service attack, a virus or other technologically harmful or detrimental material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

Data Protection

 

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you must ensure that all data provided by you is accurate. It is your responsibility to ensure that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them. We do not give any assurances about the accuracy of any details provided by other users of the Interactive Services.

Intellectual Property

 

We are the owner or the licensee of our site and the material published on it, including information, Product information, Product data, photography, images, graphics, text, software and source code (the “Works”). All intellectual property rights (including copyrights) in the Works belong to us or are licensed to us by third parties, and are protected by copyright laws and treaties and other intellectual property rights around the world. All such rights are reserved and the Works may not be used except as expressly provided in these Terms & Conditions.

 

You agree not to reproduce any part of the Works in any form or by any means without our prior written permission, except that you may print or electronically reproduce one copy of each page of our site for the sole purpose of placing an order with us.

 

You must not modify in any way any copies of the Works you have made, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

You must not use any part of the Works for commercial purposes without our permission.

 

If you print off or otherwise reproduce any part of the Works in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any reproductions of the Works which you have made.

 

SYSTEC is our trade name, service mark and trademark, and may not be used without our prior written permission. All other trademarks are acknowledged as the trade marks of their owners.

 

Our status (and that of any identified contributors) as the owners of content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

Your Account

 

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us – we refer to this as “registering an account”, and you can view and edit your account in the ‘My Account’ area of our site.

 

You must ensure that all the information you provide us with in connection with your account is correct and complete, and you must keep it up-to-date.

You may be provided with, or be asked to choose, a user identification code, password or other piece of information known only to you as part of our security procedures in controlling access to your account – we refer to this as “security information”.

 

You must keep your security information secret and not disclose it to a third party.

 

You must restrict access to your computer or other device so as to prevent unauthorised access to your account.

 

You must inform us immediately if you suspect or have any reason to believe that your security information has become known to anyone else, or if it is being, or is likely to be, used in an unauthorised manner.

 

You are responsible and will be liable for all activities which occur under your account using your security information.

 

We may disable an account or any security information at any time, especially if we believe you have failed to comply with any of these Terms & Conditions.

Interactive Services

 

Our site may include interactive services, including, without limitation: chat rooms, bulletin boards, discussion forums, blogs, wiki, customer reviews and comments, articles with public comments (“Interactive Services ”). We will provide clear information to you about the kind of service offered, whether it is moderated, and what form of moderation is used (including whether it is human or technical).

 

We refer to anything you post as “your Contribution”.

 

If you are under 18, you must not use any of our Interactive Services unless you have permission from your parent or legal guardian. Parents and legal guardians who permit children to use an Interactive Service should bear in mind that moderation does not make an Interactive Service safe, and should take appropriate steps to ensure that their children stay safe online. This should include regular communication with their children about online safety risks and precautions.

 

You must ensure that your Contribution complies with our Content Standards. If it does not, you agree to indemnify us against all claims, proceedings, damages, liabilities costs (including legal costs) and expenses which we suffer or incur as a consequence.

 

If we reasonably believe that your Contribution does not comply with our Content Standards, we may take such action as we believe is appropriate, including (without limitation) taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    We will not be liable for any loss or damage resulting from any steps we take in response to what we reasonably believe is a non-compliance with our Content Standards.

 

You waive any claim that your Contribution is confidential or proprietary.

You grant us a non-exclusive, perpetual, royalty-free and fully sub-licensable right to freely use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, disclose and display your Contribution throughout the world in any media.

 

You grant us and our sub-licensees the right, if we or they choose, to use the name that you submit in connection with your Contribution.

 

You grant us the right to disclose your identity to any third party who is claiming that your Contribution infringes their intellectual property rights or their right to privacy, or is unlawful and affects them more than the general public.

 

You waive your right to be identified as the author of your Contribution and your right to object to derogatory treatment of your Contribution.

The rights, interests and licenses you grant us in these Terms and Conditions are perpetual and irrevocable.

 

You agree to execute any deed or other document which we reasonably require of you in order to perfect any of the rights, interests and licenses you grant us in these Terms and Conditions.

Moderation

 

We will assess possible risks to users of our Interactive Services (and in particular children) from third parties, and we will decide in each case whether it is appropriate to use moderation in the light of those risks. If an Interactive Service is moderated:

  • We will check Contributions for compliance with the Content Standards, either before or after it is published;
  • We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
  • We do not guarantee that all Contributions will be published;
  • We cannot guarantee how quickly Contributions will be published or removed as this will depend on other editorial commitments;

 

We are, however, under no obligation to you or any other person to oversee, monitor or moderate any Interactive Service and we may stop moderating an Interactive Service at any time. We will not have any liability for any loss or damage resulting from the use of any Interactive Service by a user in contravention of our Content Standards, whether the service is moderated or not.

 

If you wish to complain about any Contribution posted on our site, please Contact Us. We will then review the Contribution and decide whether it complies with the Content Standards. We will deal with any Contribution which, in our opinion, violates the Content Standards.

 

Content Standards

 

The spirit of these standards applies as well as the letter.

 

Contributions must:

  • Be true and accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law, policy and guidelines in the UK and in any country from which they are posted.
  • Be relevant.

 

Contributions must not:

  • Contain anything which is defamatory of any person.
  • Contain or promote any material which is sexually explicit or offensive.
  • Contain or promote violence, aggression or hatred.
  • Be threatening, abusive or invasive of another’s privacy.
  • Be likely to harass, upset, embarrass, alarm, annoy or inconvenience another, or cause another needless anxiety.
  • Contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any third party’s legal rights (whether registered or unregistered) including copyright, database right, trade mark and personality rights, right to prevent passing off or unfair competition, right to privacy or publicity.
  • Breach any legal duty owed to a third party (including a contractual duty or a duty of confidence).
  • Be likely to deceive any person.
  • Promote any illegal activity or be in contempt of court.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Consist of or contain chain letters, mass mailings, or any form of “spam”.
  • Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other individual.
  • Consist of or contain any political campaigning, commercial solicitation, advertising or promotion of any services or links to other websites

 

Our Liability

 

If you are using our site in the course of a business, we do not make or give, and our agreement with you does not include, any representations, warranties, conditions or other terms – whether express or implied, by statute, collaterally or otherwise (including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill) – other than those which are expressly set out in these Terms and Conditions.

 

If you are using our site in the course of a business, we will not be liable in contract, tort or otherwise for any loss or damage of the following kinds suffered or incurred as a consequence of your use of our site, even if we have been negligent: (i) consequential, indirect or special loss or damage; (ii) loss of goodwill or reputation; (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings); or (iv) business interruption in each case, even if we have been advised of the possibility or likelihood of such loss or damage and howsoever incurred.

 

If you are using our site in the course of a business, our total aggregate liability to you (whether in contract, tort or otherwise) shall be limited to £50.

As special exceptions to the exclusions and restrictions of our liability in these Terms and Conditions, we do not exclude or restrict any liability we would otherwise have: (i) in respect of any death or personal injury resulting from negligence; (ii) in respect of fraud or fraudulent misrepresentation; or (iii) which cannot be excluded or limited under applicable law.

 

Availability of our site

 

Access to our site is permitted on a temporary basis, and we reserve the right at any time to change or discontinue, without notice, any aspect or feature of our site.

 

We will endeavor to ensure that our site is continuously available. However, we aim to update our site regularly, and may change the content at any time, so we reserve the right to make it unavailable at any time or to restrict access to parts or all of it without notice. We also reserve the right to close our site indefinitely. We will not be liable for any loss or damage resulting from our site being unavailable at any time or for any period for any reason.

 

Links to our site

 

You must not include a hypertext link in any website – whether controlled by you or otherwise – to our site without our express prior written permission. Please contact us if you would like to link to the site or would like to request a link to your website.

 

Notices

 

Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We may therefore communicate with you by email or provide you with information by posting notices on the site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

We may give notice to you at either the e-mail or postal address you provide to us, or by posting notices on the site. Notice will be deemed received and properly served when you first view our site after the notice has been posted on our site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

General

 

If any provision of these Terms & Conditions is declared invalid, unlawful or unenforceable to any extent by any court or competent authority, then these Terms & Conditions shall be read as if that provision had been omitted and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.


We may change these terms at any time. If we do, we will display a notice to this effect on the home page of our site for at least 30 days. If you use our site after we have published such a notice, you will be accepting the new terms and you will be bound by them from that time.

 

Failure by us to enforce a right or any provision of these Terms & Conditions or to insist upon strict performance of any of your obligations under any contract between you and us or to exercise any of the rights or remedies to which we are entitled under any such contract, will not constitute a waiver of such rights or remedies and will not preclude us from enforcing either that provision or any similar provision on a later occasion. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms & Conditions.

 

Any contract between you and us is binding on you and us and on our respective successors and assignees.

 

You may not assign or transfer, charge or otherwise dispose of your rights under these Terms & Conditions and any contract between you and us without our prior written consent.

 

We may transfer, assign, charge, sub-contract or otherwise dispose of any contract between you and us, or any of our rights or obligations arising under such a contract, at any time during the term of the contract.

We will not be in breach of these Terms and Conditions as a result of, or liable for any loss or damage caused by, our failure to discharge an obligation in time or at all if our failure to do so is due to a cause beyond our reasonable control (“Force Majeure Event”) and we will have an extension of time for performance while the Force Majeure Event continues and for a reasonable period afterwards. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

 

These Terms & Conditions (and any document expressly referred to in them including our Privacy Policy) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us. You and we acknowledge and agree that: (i) in entering into any agreement with the other, neither you nor we have or will rely on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions or the documents referred to in them; (ii) the only liability you or we will have in respect of any representations and warranties (whether made innocently or negligently) will be for breach of contract; but nothing in these Terms and Conditions limits or excludes your liability or our liability for fraud or fraudulent misrepresentation.

 

You and we agree that any dispute or claim between us arising out of or in connection with these Terms & Conditions or their subject matter shall be governed by and construed in accordance with the laws of New Zealand and will only be dealt with by the English courts, unless you are resident in another part of the New Zealand, in which case the applicable law of that part of the New Zealand will apply and any dispute will be brought before the courts there.

 

Contact Us

 

If you experience problems with our site, have any questions in relation to our site or have any concerns about material which appears on our site, please feel free to Contact Us.

 

 

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