22 April 2022
These Terms of Service apply to the provision of any Service provided by Orbis Diagnostics Limited (New Zealand company number 5894951), 14 West Street, Auckland 1010 (Orbis).
1. Defined terms & interpretation
1.1 In these Terms of Service:
Aggregated Information means Results and voluntary disclosed Personal Information that has been de-identified and combined with that of other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
Intellectual Property Rights means patents, trade marks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including rights in code and software), database rights, rights in confidential information, goodwill and any other intellectual property rights whatsoever, irrespective of whether such intellectual property rights have been registered or not, which may subsist in any part of the world.
Orbis means Orbis Diagnostics Limited (New Zealand company number 5894951), 14 West Street, Auckland 1010.
Orbis Research means scientific research that Orbis performs with the intent to publish in a peer-reviewed scientific journal.
Personal Information means any personal information (as defined in the Privacy Act 2020) and Health Information (as defined in the HealthInformation Privacy Code 2020) collected, used, disclosed and held by or on behalf of Orbis for the purpose of performing and providing our Services.
Results means the test results provided to the user following performance of a Service, including any recommendation, interpretation, guidance or other information provided by Orbis in connection with a particular test result.
Service or Services means the Orbis product, software, testing service and/or any other service provided by Orbis through its website, a third party agent, or otherwise that is accessed by a User.
Service Fee means the applicable service fee (if any) payable by the user to Orbis (or its authorised contractor or agent) for the Service.
Terms of Service or TOS means these “Terms of Service” that apply to the provision of any Services offered or provided by or on behalf of Orbis.
1.2 Unless the context requires otherwise:
(a) the words “include”, “includes” or “including”shall be interpreted without limitation;
(b) words importing the singular include the plural and vice versa;
(c) Derivative words of defined terms shall have a corresponding meaning.
1.3 If there is any conflict between these TOS and any written or verbal communication between you and Orbis, these TOS will take precedence.
2. Acceptance of these terms
Your use of the Services is subject to and governed by these Terms of Service. By accessing or using any Service, you acknowledge and agree that you will deemed to have accepted these TOS. You are not permitted to access or use the Services if you do not accept these TOS. In addition to these TOS, some Services, may be subject to additional guidelines, FAQs or rules which are incorporated into and form part of these TOS. Orbis also may offer other products and services from time to time that are provided under a separate agreement and/or governed by different terms of service which will be notified to you in advance.
3. Conditions of use
You must be at least 16years of age or older to access the Services for your own personal use and you must be of the necessary legal age and have the appropriate legal authority to access and use the Services on behalf of any other person (i.e. a dependent).
4. Provision of the Services
4.1 In consideration for providing the Service, you must pay the applicable Service Fee that relates to use of the Service, whether such fee is paid directly to Orbis or through one of our third party agents. You are responsible for any and all costs or expenses incurred in relation to receipt of the Service.
4.2 Orbis will provide the Services in accordance with good industry practices and comply with all applicable New Zealand laws, statutes, regulations or rules that apply to the provision of the Services
4.3 You acknowledge and agree that the Services are provided "AS-IS" and “AS AVAILABLE” and are based on the current state of the art of research and technology in use by Orbis at the time of use. As research progresses and scientific knowledge and technology evolve, Orbis is constantly innovating our technology and processes in order to provide the best possible experience for its users. Accordingly, the form and nature of the Services which Orbis provides may change from time to time, which may include the discontinuation of certain Services or the removal of certain features within a Service (on either a temporary or permanent basis).
4.4 As new research and data emerges in the scientific community, certain Services may be the subject of continuing clinical and scientific validation and we invite all users to participate in Orbis Research to assist in the development and advancement of this scientific research. Orbis only uses Aggregated Information for these purposes and no individual will be identifiable in any of our research, publications, or data analysis.
5. Personal Information
5.1 You acknowledge and confirm that Orbis is required to collect and hold certain Personal Information in order to perform the Services. Orbis only requires Personal Information to be provided to the extent necessary to perform the Service. Any voluntary disclosure of additional, self-reported Personal Information is supplied entirely at your option and discretion.
5.3 You acknowledge and agree that Orbis may use de-identified Personal Information (including Results) for the purpose of improving and developing the Services, producing insights and analysis in relation to the Orbis technology, and for Orbis Research purposes.
6. Risks and Considerations
We encourage you to talk to a healthcare professional prior to accessing any of our Services so you can make an informed decision about whether testing is right for you. The Services and Results provided by Orbis are for personal, informational, and educational use only. We do not provide medical advice. The Services and Results are not intended to be used by you for any diagnostic purpose and are not a replacement or substitute for professional medical advice. You should always seek the advice of a qualified healthcare professional regarding diagnosis, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health and/or acting or relying on the Results.
7. Legal Disclaimers
7.1 Given the nature of the technology used to perform the Services, there may be certain circumstances where we are unable to process a sample. If the initial processing fails for any reason, a new sample will be collected and tested at no additional charge. If the second sample is unsuccessful, you will be entitled to a full refund of the Service Fee paid for the Service. Despite Orbis taking reasonable care in the delivery and execution of the Services, you acknowledge and accept that there is always a risk the data and Results generated from the testing may be uninterpretable or incorrect or generate false positive or false negative test results (referred to as "Errors"). We do not accept any responsibility or liability for Errors that occur outside of our reasonable control and use of the Services and reliance on the Results is solely at your own risk.
7.2 You acknowledge and accept that the Results and any associated interpretation or recommendations are provided by Orbis at a particular point in time based on the then current research, scientific findings and regulatory landscape and is subject to ongoing clinical validation and regulatory certification processes. As with any evolving scientific research and testing services, the reliability and status of Results (and the interpretation of those Results) may change over time depending on the latest research, clinical data, and any new environmental factors relevant to the testing and should always be confirmed and supplemented by additional medical and clinical testing and information before being relied on.
8. Links or references to third party information
Orbis does not endorse, warrant or guarantee the reliability or effectiveness of any specific course of action, resources, tests, health care providers, medicines, medical devices or other third party products, procedures, opinions, or other information that may be mentioned on our website. We have no control over those third parties and cannot accept any liability in respect of any third party information. Any reliance on third party information, products, services, treatments, or recommendations is at your own risk.
9. Intellectual Property
9.1 Orbis is the exclusive owner of (or has valid rights to use) all technology, algorithms, methodology and other Intellectual Property Rights that is used in providing the Services. Nothing in these TOS transfers any rights or interests in or to such Intellectual Property Rights to you or any third party.
9.2 You acknowledge and confirm that any improvement, modification or development of Orbis’ Intellectual Property Rights arrived at through access to or use of Personal Information or user feedback (New IP) will be owned exclusively by Orbis, and nothing in these TOS grants you any rights to Orbis’ technology or other Intellectual Property Rights.
10. Consumer Guarantees Act 1993
Where you are a ‘consumer’ for the purposes of the Consumer Guarantees Act 1993 (CGA), nothing in these TOS is intended to exclude, modify or limit any implied condition, warranty, right or remedy available to you under the CGA.
11.1 Other than the warranties afforded to consumers under the CGA, all other warranties, conditions and other terms implied by statute or common law in respect of the Services are excluded to the fullest extent permitted by law.
11.2 You acknowledge and agree that Orbis will not be liable for:
(a) any injury or adverse reaction you may suffer when a blood sample is taken; or
(b) your use of, or reliance on, the Result for any purpose other than for your own personal information purposes.
11.3 Except for any liability of Orbis arising under the CGA, each party’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with these TOS and the performance of a Service shall be limited to the value of the applicable Service Fee.
Orbis may amend these TOS from time to time by posting a revised version on our website. By accessing or using any of our Services after the effective date of any amendment, you will be deemed to have accepted the revised TOS.
If any provision contained in these TOS is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these TOS will remain in full force and effect and will not in any way be impaired.
14. Governing law
These TOS and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction.