Terms and Conditions

Last updated: 14 June 2024

Introduction

Please read these Terms and Conditions ("Terms") carefully before using our Pacinity platform (the "Platform") operated by Transformative Insights Limited ("us", "we", or "our").

Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform you agree to be bound by these Terms. If you do not accept these Terms of Use, you must not register for or use the Platform.

The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to create an account, access or use the Platform.

Intellectual property rights

We are the owner of all intellectual property rights in our Platform, including all source code, databases, functionality, algorithms, design, text, and graphics as well as logos and any trademarks (collectively, the “Content”).

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial use.

No part of the Platform and Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited.

Any breach of these intellectual property rights will constitute a material breach of these Terms and your right to use our Platform will terminate immediately.

Your responsibilities

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).

You are also responsible for the accuracy of the information you provide to us, which we use to provide our Platform and to produce metrics and related insights.

You will not misuse the Platform by knowingly, or with reckless disregard, introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

You will not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

You acknowledge that you are responsible for all your actions in relation to the Platform and acknowledge that such use is at your sole risk.

Operation of the Platform

While reasonable steps will be taken to ensure that the Platform is available to you, the accessibility and operation of the Platform relies on technologies which are not under our control. The Platform will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons. We do not guarantee continuous accessibility, availability, or uninterrupted operation of the Platform.

Disclaimer of warranties and liabilities

Our Platform, including metrics and related insights, are intended to provide information that can help you manage your health and wellbeing. It is not intended to diagnose or treat any medicial condition, convey medical advice or be a substitute for the service or advice of a healthcare or other licensed professional. It should not be relied on for any medical purposes. If you have concerns about your health or wellbeing please talk to a healthcare provider.

We provide our Platform and metrics and related insights in good faith based upon information available to us at the time. We do not warrant the accuracy of our Platform and metrics and related insights provided. It is up to you to decide whether to accept our information and to make your own decisions.

We accept no liability for any consequences relating to the access or use of our Platform and metrics and related insights provided (whether direct or indirect and whether foreseeable or not) and we expressly disclaim all warranties, whether expressed or implied, to the maximum extent allowed by law.

If for any reason we cannot rely on the above exclusion of liability, our liability to you or any other person bound by these Terms will be limited to $100 in total. In no event will we or our directors, employees, contractors, service providers, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages.

Indemnity

You indemnify, defend, and hold us harmless from and against all claims, losses, expenses, damages, and costs, including reasonable legal fees, resulting from any breach by you of these Terms.

Privacy

We care about data privacy and security. Our treatment of your personal information is described in our Privacy Statement. In agreeing to these Terms, you will be taken to have read and agreed to the terms of that Privacy Policy.

Dispute resolution

To expedite resolution and control the cost of any dispute, controversy, or claims related to these Terms (“Dispute”), brought by either you or is (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate a resolution for any Dispute for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform and supersede and replace any prior agreements we might have between us regarding the Platform.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.

Question and contact information

If you have any questions about these Terms, you can contact us at info@pacinity.com.