Terms and conditions

Wellworks Terms of Use

Agreement to Terms of Use

Thank you for visiting the Wellworks Delivery Service, which includes this web site (www.wellworks.co.nz) and the information, community and services that we provide to you and other users through this web site. Wellworks wants you and other users to have safe, enjoyable access to this service so we have established these terms, conditions and policies (“Terms of Use”) so that you, other users and Wellworks know what to expect from each other.

BY USING THIS SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS SERVICE.

Wellworks may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of this service following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, Wellworks grants you a personal, non-exclusive, non-transferable, limited privilege to access and use this service.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained through accessing this service is owned, controlled or licensed by or to Wellworks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of this service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Wellwork’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related Content residing from this service describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your Doctor, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. The Wellworks Delivery Service and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a Doctor, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed when using this service.

You understand and agree that in no event will Wellworks be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Wellworks Delivery Service. Reliance on any information provided by, or otherwise appearing on, the Wellworks Delivery Service is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 111 or contact your local emergency assistance service immediately.

Links to Third Party Sites

Wellworks website may contain links to other independent third-party web sites. Wellworks provides these links for your reference only. Wellworks does not control these websites, and Wellworks is not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.

Privacy

Please review our Privacy Policy, which also applies to your use of the Wellworks Delivery Service.

Electronic Communications

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Wellworks, about healthcare and consumer products/services, regardless my status on any national Do Not Call list. I understand consent is not a condition of purchase.

In addition to email, I understand that Wellworks may use SMS communications to interact with me on a recurring basis with 1 SMS per applicable event, and that I will receive an SMS confirmation of my opt-in at the end of the sign-up process. Such messages may include limited personal information about my prescriptions, treatment or benefits, and individuals with access to my mobile phone, carrier account or email address will also be able to see this information.

I understand that I may stop receiving email alerts by calling Wellworks at 04 555 0522. I also understand that I can opt-out of SMS communications at any time by texting STOP as a reply at any time, at which point I will receive a reply confirming that I have been unsubscribed. Wellworks does not impose separate charges for text alerts; however, I understand that messaging and data rates from my mobile carrier may apply and I am responsible for any such charges.

Your Conduct

You must be at least 18 years of age to use the Wellworks Delivery Service. You agree not to interrupt or attempt to interrupt the Delivery Service’s operation or any other person’s use of the Delivery Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this Delivery Service will not be permitted, including by means of hacking or defacing any portion of the service, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use the Wellworks Delivery Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Wellworks or others. You are prohibited from posting on or transmitting through the Wellworks Delivery Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Wellworks Delivery Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Wellworks Delivery Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Wellworks Delivery Service.

Wellworks reserves the right to terminate or suspend your access to and use of this Wellworks Delivery Service without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

Accounts, Passwords and Security

Certain information or services offered on or through this Wellworks Delivery Service may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorised use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Wellworks Delivery Service using your account or User ID. Wellworks cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Wellworks Delivery Service. Because any termination of your access to the Wellworks Delivery Service may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Wellworks Delivery Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Wellworks Delivery Service.

By using the Wellworks Delivery Service, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Online Experience may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy.

Wireless Phone Policy

By providing your wireless phone number to Wellworks, you expressly consent to Wellworks calling you at this phone number—in person or through an automated system.

Communication

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Wellworks, about healthcare and consumer products/services, regardless my status on any national Do Not Call list. I understand consent is not a condition of purchase. Messaging and data rates may apply from your mobile carrier.

Prescription transitions

By finishing the online signup process and adding your payment method, you give Wellworks consent to reach out to your prescriber(s) for new prescriptions.

Disclaimers

WELLWORKS DOES NOT PROMISE THAT THE WELLWORKS DELIVERY SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE WELLWORKS DELIVERY SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WELLWORKS DELIVERY SERVICE WILL PROVIDE SPECIFIC RESULTS. THE DELIVERY SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WELLWORKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

WELLWORKS DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS ONLINE EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WELLWORKS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE EXPERIENCE AND/OR ANY WELLWORKS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ONLINE EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WELLWORKS FOR DISSATISFACTION WITH THE DELIVERY SERVICE OR ANY CONTENT IS TO STOP USING THE DELIVERY SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Wellworks reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Delivery Service, or any portion of the Delivery Service, for any reason; (ii) to modify or change the Delivery Service, or any portion of the Delivery Service, and any applicable policies or terms; and (iii) to interrupt the operation of the Delivery Service, or any portion of the Delivery Service, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

IN NO EVENT WILL WELLWORKS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE DELIVERY SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE EXPERIENCE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA FROM THE DELIVERY SERVICE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DELIVERY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE DELIVERY SERVICE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WELLWORKS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, Wellworks is found to be liable to you, any liability on the part of Wellworks will not exceed the fees paid by the user for the particular information or service provided. Wellworks is not liable for the unauthorised use of our Content by any other web sites.

Indemnification

You agree to indemnify and hold Wellworks, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Wellworks by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Online Experience.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of Wellworks information or services or of the Delivery Service, including its Contents, will be governed by the laws of New Zealand state without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Wellworks and you arising out of or in connection with your access to or use of Wellworks information or services or of the Delivery Service, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback and Information

Wellworks welcomes your feedback. Any feedback you provide at the Delivery Service will be deemed to be non-confidential. Wellworks will be free to use such information on an unrestricted basis.

Copyright Infringement Complaints

Wellworks respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Delivery Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Delivery Service where the material that you claim is infringing is located;
  • your address, telephone number and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:

Wellworks Pharmacy

75 Taranaki Street

Te Aro

Wellington, New Zealand

Attn: Copyright Agent

General Information

Wellworks may elect to monitor areas of the Delivery Service by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Delivery Service; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Delivery Service.

Wellworks’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and Wellworks governing your use of this Delivery Service. As stated above, your use of this site is also subject to our Privacy Policy.

Questions or Additional Information

Email: hello@wellworks.co.nz

Mailing Address:

75 Taranaki Street, Te Aro, Wellington, New Zealand

Customer Interaction Center: 04 555 0522

The information contained in this web site is subject to change without notice. Copyright 2018 Wellworks Limited. All rights reserved.

Last updated on July 27th, 2018

 

Wellworks Privacy Policy

Overview

Your access to, and use of, the Wellworks Delivery Service, which includes this web site (www.wellworks.co.nz) and the information, community and services that we provide to you and other users through this web site is subject to the Wellworks Delivery Service Terms of Use and this Privacy Policy.

Wellworks Limited (“Wellworks”) has created this Privacy Policy to explain what information we gather from you when you use our Delivery Service, how we may use this information, the security approaches we use to protect your information, and how you can access and correct certain information that we may collect. We’ve tried to keep it simple. Please note that this Privacy Policy applies only to information collected via this Delivery Service – it does not apply to information you disclose to PillPack through direct correspondence or personal contacts with Wellwork’s representatives. This Privacy Policy is incorporated and made part of Wellworks Delivery Service Terms of Use.

Your Acceptance of This Privacy Policy and Changes to It

By using the Wellworks Delivery Service, you consent to the collection and use of your information by Wellworks in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Delivery Service. Wellworks reserves the right to change this Privacy Policy at any time, without prior notice. Changes take effect on the date that appears on the revised Policy. If you use this Delivery Service following a change in the Policy, your use will be understood to signal that you accept the changes. We urge you to review this Privacy Policy frequently for changes.

What information do we collect?

We collect information from you when you register on the Wellworks Delivery Service, place an order, respond to communication such as e-mail, or participate in another Delivery Service feature.

When ordering, registering or subscribing to any newsletters or other publications, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit portions of our website without providing such information.

We use IP addresses and session identifiers to analyse trends, to administer the Delivery Service, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.

Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our Delivery Service. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

When signing up for pharmacy services or ordering prescription drugs, we may ask you to provide us with certain personal and/or health-related information. This information is subject to our Notice of Privacy Practices that more specifically describes how we may use or disclose your protected health information.

How do we use your information?

We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, visit the online Delivery Service platform, or use certain other Wellworks Delivery Service features in the following ways:

To personalise your Delivery Service and to allow us to deliver the type of content and product offerings in which you are most interested.

To allow us to better service you in responding to your customer service requests.

To quickly process your transactions.

To verify and validate your identity.

To administer a promotion, survey or other Wellworks feature.

To troubleshoot problems with the Delivery Service, or any services, as requested.

To enforce our Wellworks Delivery Service Terms of Use, and to detect and protect against error, fraud and other unauthorised or illegal activities.

To attempt to contact you regarding product safety or recall issues.

To provide any legitimate business service or product.

You understand that if you’re visiting this Delivery Service website from a country outside New Zealand, you will be transferring personal information about yourself to New Zealand. You understand that the privacy laws of the New Zealand may not be as comprehensive as those in your country, and you agree that the transfer of your personal information occurs with your consent. Personal information collected on this Delivery Service may be stored and processed in New Zealand or abroad.

Do we disclose the information we collect to outside parties?

We can disclose your personal and other information to third parties, as follows:

To vendors whose products or services you have requested, in order to deliver those products or services to you.

To our subsidiaries or affiliates, strategic partners and to third parties we engage to provide services on our behalf, such as websites hosting, credit card payment processing, order processing, delivery, etc. We prohibit these parties from using your personal information for any other purpose.

To vendors that offer products, services or other information we think might interest you. These third parties may keep and use your personal information whether or not you purchase their products or services. Your personal information will be subject to their privacy policies, so you should contact them directly for information on their policies or to opt-out of promotional communications from them.

In the event of the sale or transfer of Wellworks, of one or more of our business units or of some or all of our assets, or in the context of some other business acquisition transaction. In response to a subpoena or court order, or a request from a law enforcement or other government agency; to establish or exercise our legal rights, or to defend against claims; or to protect the safety or security of the public or of users of this Wellworks Delivery Service. For example:

We may forward your prescription information to your insurance plan, so that we may handle reimbursement of your prescription purchase for your convenience.

We can disclose aggregate information about users of the Delivery Service to our service providers, partners, advertisers or others, but such information will not include personal information.

Correcting and Updating Your Personal Information

You can correct or update your personally identifiable information by re-registering or by contacting us by electronic-mail hello@wellworks.co.nz or by telephone 04 555 0522. It may take us up to 14 days to process your request.

Do we use “cookies”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognise your browser and capture and remember certain information. Cookies help us in many ways to make your use of the Delivery Service more enjoyable and meaningful, such as understanding usage patterns and improving functionality of the Delivery Service. For instance, we use cookies to help us understand your preferences based on previous or current Delivery Service activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Wellworks website traffic and Delivery Service interaction so that we can offer better Delivery Service experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Online Experience visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Mozilla Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Delivery Service more efficient and some of our services may not function properly.

Safeguarding Your Personal Information Privacy and Third Party Links

Wellworks follows generally accepted industry security standards to safeguard and help prevent unauthorised access, maintain data security and correctly use such personal information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems. Other than the these security measures, you transmit data, including personal information, to us at your own risk.

Privacy and Third Party Links

This Privacy Policy applies solely to information collected by our Delivery Service. In an attempt to provide you with increased value, we may include third party links on our Wellworks Delivery Service. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Delivery Service and welcome any feedback about these linked sites (including if a specific link does not work).

Online Policy Only

This Privacy Policy applies only to information collected through our online Wellworks Delivery Service and not to information collected offline.

Children’s Privacy

This Online Experience is intended for adults.

Retention of Your Personal Information

We will store the personal information you provide for as long as we believe is necessary or appropriate (i) to carry out the purpose(s) for which we collected it, or (ii) to comply with applicable laws, contracts, or other rules or regulations.

Questions and Feedback

We welcome your questions, comments, and concerns about this Wellworks Delivery Service.  Please send us any and all feedback pertaining to this Delivery Service to hello@wellworks.co.nz

Effective Date: July 27th, 2018