Terms of service
EFFECTIVE 1 SEPTEMBER 2025
1. Introduction
1.1 These are the terms and conditions (the “Terms”) that apply to your use of the services provided by Hayley Scott Aroha Health (operating under Te Aroha Medical Services Limited (Company number 1139661) (“Aroha Health”, “we”, “us” and “our” and such references includes our officers, employees, contractors and assignees).
1.2 Where we refer to “you” or “your” in these Terms, we mean the individual using our services.
1.3 By using our services, you acknowledge you have read, and agree to comply with, these Terms. Accordingly, please read these Terms carefully.
1.4 We may wish or need to change these Terms, in whole or in part, from time to time (including fees payable). If any of the changes will disadvantage you, and the changes are within our control, we will notify you by email and/or text at least 10 days before the changes take effect.
1.5 The date at the beginning of these Terms will be updated to the date the changes take effect. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of our services after any changes are made will be confirmation of your acceptance of these Terms as amended.
2. Our services
2.1 We provide a range of health services, and these will be discussed with you in your consultation.
2.2 We will provide you with our services on the terms set out in these Terms. We will determine, in our sole discretion, the manner and means by which the services are performed.
3. Fees
3.1 The fees for our services are set out on our website. The fees include GST.
3.2 Payment for all services are to be made prior to your booked appointment via bank payment or EFTPOS.
4. Devices
4.1 We may, from time to time, provide you with medical devices in connection with the provision of our services. These devices will at all times remain our sole and exclusive property.
4.2 If you damage or lose a device, we will be entitled to recover the cost of the repair or replacement from you.
5. Termination
5.1. You may stop using our services at any time.
5.2 We reserve the right, at our reasonable discretion, to suspend or terminate your access to our services, at any time, either temporarily or permanently.
6. Warranties and indemnity
6.1 We warrant that we will use all reasonable skill and care in the provision of our services to you.
6.2 Our services are provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded to the extent that they can be excluded as a matter of applicable law.
6.3 You acknowledge that our services are an accompaniment, and not a substitute, to the advice provided by your registered health practitioner.
6.4 You represent that you have not relied on any representation made by us which has not been expressly stated in these Terms, and, without limitation, you acknowledge that we have not represented to you that by receiving services from us you will achieve and sustain optimal health or otherwise any particular health outcome.
6.5 You acknowledge and understand our past health successes or health successes of others are not a guarantee that you will have any health success after receiving our services given the difference in personal attributes, personal behaviours and environmental attributes outside of our control.
7. Prescriptions
7.1 We are not a pharmacy so if we write a prescription for you, we will send it to your preferred pharmacy for collection by you.
7.2 Any product, medicine or medication that we prescribe you must be solely used for your own personal use, and you must not allow any other person to take, use or have access to that medication. When taking any medication prescribed to you, you must strictly follow the instructions your health practitioner has provided to you. If there is any conflict between the advice provided by your health practitioner and the manufacturer of the product or the pharmacist, you must contact us before taking the medication.
7.3 If while taking medication you suffer any noticeable side effects that are causing you concern, we recommend you seek advice from a health professional.
8. Personal information and privacy
8.1 To use our services, you will need to provide some of your personal information with us. We may not be able to provide our services to you if you do not provide this information.
8.2 Your personal and health information is handled in accordance with the Privacy Act 2020, the Health Information Privacy Code 2020 and the Health Te Aroha/Health Ngatea Privacy Policy.
This means your information is treated with the same level of confidentiality and security as within Health Te Aroha/Health Ngatea, including appropriate storage, limited access and lawful disclosure.
For full details, please refer to the Health Te Aroha/Health Ngatea Privacy Policy available on this website. By using our services, you agree to the terms of that policy.
9. Liability and indemnity
9.1 Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, but otherwise to the maximum extent permitted by law, we are not liable to you for any loss or damage (whether it is direct, indirect, consequential or otherwise) arising out of, or in connection with the use of, our services.
9.2 You agree to release us from any claims that you may have against us and will at all times indemnify us against all proceedings, actions, claims or demands made by any person whether for personal injury (including death and disability) or otherwise and whether occasioned by negligence, breach of a statutory duty, tort, equity, breach of contract or otherwise suffered as a result of or in connection with you using our services.
10. Website
10.1 You agree not to use our website:
(a) for any unlawful, fraudulent or improper purpose;
(b) in any manner which alters, damages or otherwise impairs, or interferes with any other person‘s use; and/or
(c) to introduce any harmful materials (like spyware, viruses or other damaging items).
10.2 We may, from time to time, issue upgraded versions of the website without notice to you.
10.3 Our website may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of our control (including viruses and other harmful elements). We will use all reasonable endeavours to limit such unavailability, errors, defects, maintenance and events.
11. Intellectual Property
11.1 In these Terms, “Intellectual Property” means all rights to, and interests in, any copyright, trademark, know-how, domain name, software and any other proprietary right or form of intellectual property.
11.2 All Intellectual Property in the website is owned by us or our licensors (as applicable) and none of the contents of the website may be used, reproduced, copied or distributed, in any way whatsoever, other than to use the website for your personal use.
11.3 You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of the website.
12. General
12.1 We will communicate with you by telephone, or through text messages and/or email, and you consent to us communicating using the contact details you provide to us.
12.2 You may not assign or transfer any of your obligations under these Terms. We may assign some or all of our rights, obligations and/or interests, subcontract some or all of our obligations or novate our agreement with you, to another person provided it does not detrimentally affect your rights under these Terms. Where we do this, we will let you know (including letting you know where you can access contact information for the person who we will or have transferred to and when the transfer will or has taken place).
12.3 No waiver of any breach, or failure to enforce any provision, of these Terms at any time by you or us will in any way affect, limit or waive your or our right to enforce and compel strict compliance with the provisions of these Terms.
12.4 If any part of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms, which will remain in full force and effect.
12.5 The use of our services in New Zealand is governed by, and will be construed under, the laws of New Zealand and the courts of New Zealand will have exclusive jurisdiction.