Terms and Conditions 31st March 2021

The following terms and conditions ("the Terms and Conditions") apply to your use of the website and to any other correspondence that you may post to the Website or send via email in response to a request for information on the Site.

If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ADL Smartcare Limited's relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.

The use of this website is subject to the following terms of use:

1. Definitions
   1. The term “ADL Smartcare Limited” or “Us” or “We” refers to the owner of the website whose registered office is ADL Smartcare Limited, Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ, United Kingdom. Our company is registered in England and Wales, and registration no. 04456225.
   2. The term “You” refers to the user or viewer of Our website.
   3. The “Website” or “the site” refers to https://auth.lifecurve.co.nz and the pages presented within.
2. Use of Website
   1. The content of the pages of this Website is for Your general information and personal use only. You have to be aged 16 years or older to use this service. It is subject to change without notice.
   2. This Website uses cookies to monitor browsing preferences. If You do allow cookies to be used, the following information may be stored by us for use by third parties:
      • Your location, how You got onto the Website and what You click on whilst using the Website are all stored by Google Analytics. We use this information to make sure that Our Website is meeting the needs of every visitor and to help us make improvements. We do not allow Google to share or use this analytics data.
   3. You can learn about the cookies we use by viewing our Cookie Policy.
   4. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
   5. You may print and download material from this Website provided that You do not modify or reproduce any content without Our prior written consent.
3. Privacy Policy
   1. ADL Smartcare Limited takes the security of your information seriously. We will process all personal data transmitted to the Site in accordance with the General Data Protection Regulation and in line with our Privacy Policy which is compliant with the GDPR and New Zealand Privacy Act 2020.
   2. Please note that the Privacy Policy will not cover any third-party websites to which we may provide links within the website.
   3. To contact our NZ Privacy Officer regarding the processing of your personal data, please email privacy-nz@adlsmartcare.com
   4. Please review of full Privacy Policy for more information.
4. Ownership of Intellectual Property
   1. The copyright of the Site in its text, designs, graphics, arrangement and compilation of data belongs to ADL Smartcare Limited and/or Our holding company or companies, subsidiaries, third party providers and distributors.
   2. The Site is protected by the New Zealand Copyright Act 1994, International Copyright treaties, Pending Patents and the European Database Directive.
   3. The trade marks, logos and service marks displayed on the Site (collectively, the "Trade Marks") include registered or unregistered trademarks belonging to ADL Smartcare Limited, Our affiliates, and various third parties. All trade marks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
   4. Nothing contained on The Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade marks without the written permission of the owner of the trade marks.
   5. Neither the Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
   6. You are not permitted to:
      • alter or modify the documents or graphics, designs, arrangement and compilation of data;
      • delete text from graphics;
      • use any logos or Trade Marks belonging to ADL Smartcare Ltd and/or Our holding company or companies, subsidiaries, third party providers and distributors.
      • any information which is marked as belonging to a third party owner, may not be copied without the permission of the owner of the copyright.
   7. If You transmit or post any information on the Site, it will be considered non-confidential and non-proprietary (with the exception of personal data) and may be used freely by ADL Smartcare Limited for all commercial and non-commercial purposes.
5. Social Media Platforms
   1. Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
   2. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
   3. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
6. Links to and from Other Websites
   1. From time to time this Website may also include links to other Websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the Website(s). We have no responsibility for the content of the linked Website(s).
7. Site Uptime
   1. All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly We will not be liable if this Website is unavailable at any time.
   2. ADL Smartcare Limited reserves the right to temporarily suspend the Site in the event of maintenance, repair or for any other reason, where it is considered necessary by us.
   3. Where possible We always try to give advance warning of maintenance issues that may result in Website down time but We shall not be obliged to provide such notice.
8. Disclaimer
   1. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
   2. Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this Website meet Your specific requirements.
   3. You are solely responsible for paying all expenses you may incur when you access or use ADL Smartcare Limited services or access or download ADL Smartcare Limited content including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use ADL Smartcare Limited services. ADL Smartcare Limited is not responsible if your equipment or software is not compatible with any ADL Smartcare Limited service.
9. Exclusion of Liability
   1. ADL Smartcare Limited and any other party involved in creating, producing, maintaining or delivering the Site, exclude all liability and responsibility for any loss or damage that may result to You or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) which arises out of or is in any way connected with:
      • any use of the Site or content found herein,
      • any failure or delay (including, but not limited to the use of or inability to use any component of the Site for advice or service booking), or
      • the performance or non-performance by Us or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
   2. If, notwithstanding the foregoing, We should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Site or its content, Our liability shall in no event exceed, in the aggregate the cost incurred of the advice, product or service.
   3. ADL Smartcare Limited also excludes liability for the use or inability to use the Website or any materials on it, or any websites linked to the Website
   4. Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of New Zealand.
10. Law and Jurisdiction
    1. These terms of use are governed by and construed in accordance with New Zealand Law. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of New Zealand.
11. General
    1. The Terms and Conditions may be varied by ADL Smartcare limited only.
    2. You may not assign or transfer any rights or obligations under the Terms and Conditions. We may assign or transfer any rights or obligations to any third party.
    3. Headings are inserted for Your convenience and shall not affect the interpretation of the Terms and Conditions.
    4. If any part of the Terms and Conditions are found to be invalid, unenforceable or illegal, the other provisions shall remain in force.
    5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms and Conditions.
    6. Reference to any statute or statutory provisions includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.
    7. The Terms and Conditions are governed by and construed in accordance with English law.
    8. ADL Smartcare Limited is a private limited company registered in England No 04456225.
    9. Any action You bring against Us pertaining to or in connection with this web site must be commenced and notified to Us in writing within one (1) year after the date the cause for action arose.

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