If you experience a medical emergency dial 111.

AFTERHOURSGP LIMITED: TERMS AND CONDITIONS
Last Revised: December 1, 2016

DO NOT USE THE WEBSITE FOR EMERGENCY HEALTHCARE NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 111.

Afterhours GP Limited (AfterhoursGP) acts as a booking facility only. AfterhoursGP does not verify any information provided through the Website by any patient or doctor. Prior to making a booking through the Website you must have spoken to someone at Homecare Medical and they must have confirmed that you need to see a doctor prior to your regular doctor’s surgery next being open.

  1. Terms and conditions
    1. These Terms and Conditions govern your access and use of the Website.
    2. By accessing and using this Website you agree to be bound by these Terms and Conditions. This takes effect from the date on which you first access the Website.
    3. These Terms and Conditions may be changed or updated from time to time. It remains your responsibility to access and check these Terms and Conditions whenever you access and use the Website. Your continued use of the Website represents your agreement to be bound by the Terms and Conditions as amended from time to time. If you do not accept any change to these Terms and Conditions then you must cease using the Website.
    4. All capitalised terms used in these Terms and Conditions are defined at the end of these Terms and Conditions at clause 15.1.
  2. Overview
    1. This Website is owned and operated by AfterhoursGP.
    2. The Website provides a platform upon which patients can book appointments with a doctor.
  3. No medical advice
    1. You acknowledge that we do not provide any health care advice – we merely facilitate the booking of appointments between a prospective patient and a doctor.
    2. We do not guarantee that you will find a suitable doctor through the Website or that any services rendered by any doctor will serve your needs. We do not recommend or endorse or give any warranty or guarantee or make any representation in relation to any doctor or any procedures, specific tests, opinions, or other information that may appear on the Website or that may be provided by any doctor. Patients must make their own decisions exercising their own judgements based upon any information provided by the doctor, whether or not through the Website.
    3. We have no control over, and cannot guarantee the availability of any doctor at any particular time, that is a matter between a patient and the doctor that they choose to consult.
  4. Price and payment
    1. The fee specified on the Website for your appointment is payable at the time of booking. Payment instructions will be included as part of the booking process.
    2. Fees must be paid by way of credit card using the payment system provided as part of the booking process.
    3. If there is no fee for the appointment we reserve the right to place a hold of $50 on the credit card you use to book your appointment. This hold will be released if the appointment proceeds as booked. If the appointment does not proceed for any of the reasons set out in paragraphs 4.5.1 to 4.5.3 below, we reserve the right to take the $50 as payment for the missed appointment.
    4. If your payment is not accepted or validated (for any reason), your booking will not be processed. You will be notified as part of the booking process if your payment has not been accepted or validated.
    5. If the doctor fails to keep the accepted appointment on the relevant date, AfterhoursGP will refund to you the amount paid by you to AfterhoursGP for that appointment. In all other circumstances, if your appointment does not proceed, including but not limited to where such failure occurred as a consequence of any of the following events, no refund will be made by AfterhoursGP:
      1. your failure to speak with someone at Homecare Medical and have them confirm to you that you need to see a doctor prior to your regular doctor’s surgery next being open;
      2. you not attending your appointment on time.
      No refund will be provided in respect of any appointment not utilised by you for any reason.
  5. Restrictions on use
    1. You must not:
      1. use unauthorised automated means to access and/or use the Website or any Website Content;
      2. use any Website Content other than as part of your authorised use;
      3. use the Website or any Website Content for any commercial or illegal purpose;
      4. transfer or copy any Website Content, the Website or any part thereof or in any other way breach the Intellectual Property Rights in the same; or
      5. use the Website or any Website Content in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
  6. Warranties
    1. AfterhoursGP warrants that it will utilise reasonable efforts to maintain an acceptable performance of the Website. However, given the nature of the internet and access thereto, AfterhoursGP does not warrant that the Website:
      1. will be continuous, timely, error-free or satisfy all of your requirements; or
      2. will be free from infection, viruses or destructive code and shall not be liable to you on any basis for any damage or loss suffered by you as a result of material on the Website infecting or damaging your computer equipment, software and any other electronic device.
      The reasonable efforts warranty in this clause 6.1 replaces all other representations, promises or warranties (statutory, express or implied) and all such representations, promises and warranties (save any which may not be lawfully excluded). In the event of a breach of the warranty in this clause 6.1, your sole and exclusive remedy will be to obtain a refund in accordance with (and subject to) clause 4.5.
    2. Where the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986 apply to the use of the Website provided by (or on behalf of) AfterhoursGP under these Terms and Conditions, nothing in these Terms and Conditions shall have the effect of contracting out of or limiting the application of those Acts.
  7. Limitation of liability
    1. Neither AfterhoursGP (nor any of AfterhoursGP’s suppliers, contractors, employees or agents) will be liable to you (nor you to AfterhoursGP) for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever resulting in any way from your access or use of the Website (whether foreseeable or not).
    2. Despite any other provision in these Terms and Conditions, if AfterhoursGP is determined liable to you for losses, such liability is limited to a maximum amount equal to the fee paid by you to AfterhoursGP for the appointment to which the loss or liability relates.
  8. Website Content
    1. The Website Content is for your information only. You must make your own assessment of the suitability of the booking system for your needs.
  9. External websites
    1. The Website may contain links to other websites or resources over which AfterhoursGP does not have control (External Websites). Such links do not constitute an endorsement by AfterhoursGP of those External Websites. You acknowledge that AfterhoursGP is providing these links to you as a convenience, and further agree that AfterhoursGP is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms and conditions of use and privacy policies located on the External Websites.
  10. Privacy policy
    1. By agreeing to these Terms and Condition, you acknowledge that you have read and agreed to our Privacy Policy.
  11. Intellectual Property Rights
    1. AfterhoursGP (and any person who AfterhoursGP licences from, as applicable) owns all Intellectual Property Rights in the Website and Website Content. You must not:
      1. assert any ownership or rights in respect of any such Intellectual Property Rights;
      2. must not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such Intellectual Property Rights or any of the underlying materials in any way whether directly or indirectly (by allowing anyone else to do so); or
      3. exploit, sell or generate profit from any such Intellectual Property Rights.
  12. Dispute resolution
    1. Neither you nor AfterhoursGP will commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms and Conditions (Dispute) unless we have first complied with this section.
    2. Where any Dispute arises, you (or your representative) and AfterhoursGP will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
    3. Where the representatives of the parties do not resolve the Dispute within five working days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the Dispute Resolution New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.
    4. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
    5. Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
  13. Complaints
    1. Any problems that occur whilst accessing or using the Website should be notified in writing (including, by email) to [insert email address] at AfterhoursGP at the earliest opportunity.
  14. General
    1. AfterhoursGP will not be liable for a lack of performance, unavailability or failure of the Website (or any part thereof) because of a cause beyond its control.
    2. These Terms and Conditions are governed by the laws of New Zealand. The parties submit to the non exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with these Terms and Conditions or the Website.
    3. These Terms and Conditions constitute the entire understanding and agreement between you and AfterhoursGP and supersede any and all prior oral or written communication on the subject matter contained in them.
    4. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
  15. Defined terms
    1. In these Terms and Conditions, unless the context otherwise requires:

      Intellectual Property Rights means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.

      Terms and Conditions means these terms and conditions.

      Website means the website with the domain name www.afterhoursgp.co.nz.

      Website Content means any digital content (including images, logos, videos, links, text, learning content) made available via the Website from time to time.