Terms and Conditions
These Conditions of Use form a legal contract between you and us in relation to your use of KiwiMedTec products and services and it is important that you read and understand them.
"you" and "your" means the customer identified on the Registration form by name.
"we", "us" and "our" means Chitty Technology Group Limited and where the context requires, includes all companies in the Chitty Technology Group.
These Conditions of Use specify:
Your obligations, rights and responsibilities when using KiwiMedTec services.
Other important matters including privacy, termination of access to KiwiMedTec services, amendments to the KiwiMedTec services and these Conditions of Use.
Use of KiwiMedTec
You acknowledge that use of your customer username and password provide sufficient authority for accessing our services. We may act on this authority and are not obliged to make further enquiries.
KiwiMedTec online services are generally available 24 hours, 365 days a year, excepting any necessary downtime to allow for maintenance of the system.
You agree you will not:
Choose a password that is easily able to be guessed or identified as relating to you, or is an obvious combination of letters and numbers (e.g. sequential numbers, birthdate, etc);
Make your password known to any other person;
Keep any record of your password in a form that it can be readily identified;
Store the password anywhere, in written or electronic form;
Choose a password that is directly related to information that can be easily identified;
If your password is lost or stolen or your password becomes known to anyone other than yourself, you must logon and change it immediately.
You agree not to publish any material which includes any content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
You may not use the products and services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, bondage, BDSM, bigotry, racism, hatred, terrorism, or any material which may be insulting to another person(s) or entity.
You must not upload, post, otherwise transmit, any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party.
You will be liable for all loss, including loss suffered by other persons, if you act fraudulently, either alone or together with any other person.
Your Indemnity to us
You agree to indemnify and hold us harmless for any loss or damage suffered by us, our customers or a third party or for any claim or action which may be brought against us by a customer or third party which results from your misuse of KiwiMedTec services. This includes any failure by you to ensure that steps are taken to prevent unauthorised use of KiwiMedTec.
You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via KiwiMedTec or any portion of it may result in legal action being taken
DiaMon Client (Dialysis Monitor for patients) is offered to you as a free or paid service. Where you have opted to have a free service, you agree to allow us to display advertising while you access the service.
Your ability to perform functions within DiaMon Client is based on whether you have a free or paid account. You agree that we can change functions and permissions of our services at any time.
DiaMon Client allows you to receive notifications via email or SMS that you set up. Notifications are depended on our email and SMS gateway providers and we do not offer notifications as guaranteed delivery service. While we will strive to ensure our notification service is available, you agree not to hold us liable for the non-receipt of any notifications you request.
KiwiMedTec provides services intended to assist you where appropriate. The services are designed to be used in accordance with the independent medical advice you are given.
By providing you access to the services you subscribe to you agree to consult with your medical specialists before applying any change to your treatment prescription.
The system may respond with on-screen alerts when a prescription deviates from your normal plan. In these instances you should consult your specialist before continuing.
Your machine is a specialised device and maybe configured for your current treatment prescription. The machines configuration should not be altered without the advice of your specialist or maintenance engineer.
It is important for your safely and well-being to always adhere to the advice provided by of your specialists, and you agree not to hold the Chitty Technology Group, its staff, or directors liable for any loss or damage suffered from the use of the services provided.
Withdrawal of Service
We may at any time with reasonable notice withdraw your access to our services. We may suspend or withdraw your access to our services at any time without prior notice if:
You breach any of these Conditions of Use;
You have acted fraudulently or
We consider we have other reasonable grounds to do so.
Notice of changes to the KiwiMedTec services or these Conditions of Use will be given on our website prior to those changes taking effect.
Fees and Charges
Use of KiwiMedTec may incur charges. You are required to provide full payment prior to us activating or delivering your product or service. We may, at our discretion, provide you with products or services in advance of payment. You accept that if payment is not made within the time specified to you at point of sale, your order may be cancelled.
Use of Information
Usage information (which is not intended to identify individuals) is recorded by us for site management and security purposes.
Any personal information you transmit to us or which is held by us will be used to process your transactions and may also be used by us to advise you of any of our products or services, and those of selected third parties.
You have the right to access and correct personal information held by us about you.
We may notify you of termination or suspension of your access to KiwiMedTec or any other matter, in writing, by email or though the website.
We may notify you of amendments to these Conditions of Use or services by posting information on our website.
Limitation of Warranty.
The products and services are provided "as is," with no warranties whatsoever.
Limitation of Liability.
Under no circumstances shall KiwiMedTec or its directors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
If any of these Conditions of Use is held to be invalid, illegal or unenforceable, that Condition will be severed and the remaining Conditions of Use will be enforceable.
These Conditions of Use and the contract between you and us arising out of your registration to use KiwiMedTec are governed by New Zealand law and New Zealand courts have jurisdiction.
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