Legal Stuff

2.0 Limitation of Liability

2.1 The results of genetic counselling and/or genetic testing can cause distress. The results may include information, among other things, about the statistical probability of the patient, or persons relate to the patient, suffering from a range of medical conditions, now or in the future.  Genetic testing cannot predict with absolute certainty whether the patient will, in fact suffer from any particular medical condition.  For this reason, Family Cancer accepts no liability to the patient, or to any person connected to the patient, for any direct or indirect loss or harm suffered as a consequence of the services provided by Family Cancer, including the results of any genetic testing carried out.

2.2 We and our employees and agents shall not be liable to you for any claim for breach of Contract (except as provided in clause 2.3 below) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.

2.3 Your sole remedy against us shall be limited to breach of contract and the extent of any such liability shall be limited, at our option, to supplying the Services again; or payment of the cost of having the Services supplied again. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.

2.4 The maximum aggregate liability of either party under or in connection with the services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed an amount equal to the Fees paid and/or payable by you under this agreement for Services.

2.5 No action may be brought against us unless notice of such claim is given to us within one week of provision of the relevant Services or the report on the Services in that month (whichever is the later). We shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of delivery of the provision of the Services.

2.6 While BRRISK uses a validated algorithm, the information provided by way of your Breast Risk Assessment Reports is only intended to guide clinical decisions taken by your Doctor.

3.0 Cancellations

3.1 Your appointment booking can be changed or cancelled if more than 24 hours before the scheduled start of your consultation. Where you fail to show for an appointment or cancel within 24 hours you will incur a fee.

4.0 Complaints and Disputes

4.1 We will meet our obligations if there is a complaint or dispute as required by the Code of Health Disability Services Consumer Rights’ and Consumer Guarantees Act 1993.

4.2 To register a complaint or dispute, please contact us directly at ask@familycancer.co.nz with the time and date of the incident, which member of our team was involved, a description of your concerns and the appropriate outcome you feel would rectify your concerns.

4.3 One of our team members will acknowledge receipt of the complaint within 5 working days and investigate your grievance.

5.0 Your Responsibilities

5.1 You acknowledge that we, in providing the Services, are dependent on you fully and promptly cooperating with us in providing such information as we shall require from time to time and on the completeness and accuracy of information and data provided.

5.2 You agree to comply with our reasonable requests in respect to the Services, to provide all information, data and documentation reasonably required to enable us to provide the Services and warrant that we may rely upon the completeness and accuracy of any information or data so provided.

5.3The account created pursuant to this agreement is personal to the individual who sets it up.  You must not create an account with the intention of using it to provide diagnosis or other services to others.  When we detect that this occurs we may immediately suspend or terminate the provision of services to you.

6.0 Force Majeure

6.1 Neither party is liable to the other for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure (which are events beyond the reasonable control of the affected party), provided that the affected party;

(a) immediately notifies the other party and provides full information about the Force Majeure;

(b) uses best efforts to overcome the Force Majeure; and

(c) continues to perform its obligations to the extent practicable.

6.2 Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with the Agreement.

7.0 Default

7.1 If you do not pay any monies owed to us (“the unpaid monies”) within 7 days of the due date, we may charge penalty interest at a rate of 2.5% per calendar month calculated daily on the unpaid monies from the due date until payment in full is made (including after as well as before any Court judgment).

7.2 You indemnify us for and pay, on demand, all costs incurred by us (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms and Conditions.

8.0 Dispute Resolution

8.1 Before taking any Court action, a party must use best efforts to resolve any dispute under, or in connection with, the Agreement through good faith negotiations.

8.2 If there is a dispute between the parties in relation to the provision of the services, either party may give the other party notice of the dispute.

8.3 Within 10 business days of receipt of the notice of dispute, the parties shall meet to endeavour to resolve the dispute.

8.4 If the dispute is not resolved within 20 business days of receipt of the notice of the dispute, either party may by notice to the other party refer the dispute to mediation, which will take place in Christchurch with each party paying half of the cost of the mediation.

8.5 While any dispute remains unresolved, each party shall continue to conform with our terms and conditions to the extent practicable, but without prejudice to their respective rights and remedies.

9.0 General Provisions

9.1 These terms apply to all transactions where we supply Services to you. If there is any inconsistency between these terms and any other document submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.

9.2 Any variation to these terms and conditions must be in writing and signed by both parties.

9.3 To waive a right under these terms and conditions, that waiver must be in writing and signed by the waiving party.

9.4 If any provision of these terms and conditions is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.

9.5 These terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the New Zealand Courts

10.0 Privacy Policy

You consent to New Zealand Family Cancer Service Limited (Family Cancer) collecting, storing, using and disclosing your personal information in accordance with Family Cancer’s Privacy Policy, as set out below.

10.1 Permission to Collect Information

New Zealand Family Cancer Service Limited (Family Cancer) collects personal and health information about you. The information collected from you may include your name, date of birth, country of residence, health information and contact details (physical address, email address, and landline and/or mobile number or other contact details you provide us). We may also collect information about how you use our website (for example, traffic volumes, time spent on pages), your IP address and/or other device identifying data, information contained in your correspondence with us or survey responses and other information required to provide a service or information you have requested from us (together “Information”). We undertake only to collect information which is for the purpose of making sure you receive appropriate care and advice, and for associated administrative tasks. If you do not authorise us to collect your Information, we will not be able to provide our services to you.

We will only collect the Information directly from you unless you have authorised us to collect the Information from someone else (or we have some other lawful reason for collecting the information from someone else).

10.2 Access and correction of your Information

You understand that your Information will be stored by Family Cancer’s chosen servers, and that you are entitled to request access to and the correction of your Information. You agree to provide this Information voluntarily.

10.3 Storage and Destruction of Information

We will store your Information securely so that only authorised people can access or use your Information, for a minimum of 10 years from the date the Information was collected. As at the date of this policy, our servers are located in New Zealand (hosted by SiteHost) and Australia (hosted by Cliniko).

After a period of at least 10 years, when Family Cancer considers it is no longer necessary to keep your Information, the Information will be destroyed in a manner which ensures that the Information is kept confidential.

If you need to use your credit card for any of our services, your credit card details will not be stored online and cannot be accessed by our staff. However your credit card details may be encrypted and securely stored by our chosen payment provider. As at the date of this policy, your credit card details are stored with Stripe, which locates its servers in the United States and New Zealand. This will enable Family Cancer to automatically bill your credit card on a recurring basis and for one-off purchases.

10.4 Protection of your Information

Family Cancer will at all times work to ensure that we are taking all the steps to protect your Information. The Information is stored on secure servers that have SSL Certificates issued by leading certificate authorities, and all data transferred between you and the website for the provision of the Services is encrypted.

Despite our best efforts, the internet itself cannot be trusted as a secure environment. Consequently, we are unable to give an absolute promise that your Information will always be safe. Sharing of Information over the internet is to be done at your own risk. You should only give out your Information to the website within a secure environment.

If we become aware of any security breach relating to your personal information, we will advise you as soon as we can.

10.5 Use of your Information

Subject to the exceptions below, we will not use your Information for any purpose other than for the purpose of testing, and providing medical care and advice to you, unless we get your written consent.

You consent to Family Cancer using anonymised and aggregated information (as permitted by New Zealand law) for the purpose of analysing and improving our services. Anonymised or de-identified means information that has been stripped of personal information, that prevents your identification as an individual.

We may also share this anonymised information with 3rd parties for the purpose of scientific research, which may ultimately lead to improved care options for patients of Family Cancer. NZ Family Cancer Service will only share de-identified data with researchers affiliated with NZ universities. We only support research that aims to improve outcomes for women with breast cancer or will assist in the further development of BRRISK for all communities in Aotearoa New Zealand.

10.6 Disclosing your Information

We will not disclose your Information to anyone without your consent unless we have a lawful reason for doing so.

You consent to Family Cancer disclosing your Information to your General Practitioner, the health professionals which we contract to provide health services to you, and to whom we refer you for the purposes of providing health services, including genetic and laboratory testing, genetic counselling, medical specialists and treatment providers.

New Zealand Family Cancer Service complies with the Health Information Privacy Code 1994 (2008 edition). If you have any concerns about any matter relating to your health information, please contact our privacy officer privacy@familycancer.co.nz

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