Terms of Service

In these Terms of Service, we, us, and our refer to the Invercargill Skin Centre Limited and include our employees. You refers to the Patient in the Order Details. Parties refers to you and us.

The agreement between you and us is contained exclusively in these Terms of Service and our Privacy Policy and any subsequent variations agreed to by us in writing.

By Engaging Our Services, you accept the terms of these Terms of Service and our Privacy Policy to the exclusion of any of your terms and all previous representations made to you.

1.      Definitions

1.1    In these Terms of Service:

Enrolment Form means our patient enrolment form attached to these Terms of Service and as updated from time to time by us.

         Engage Our Services means your confirmation to us in writing, whether by signing the Enrolment Form or by confirmation via email, that you accept our offer to undertake the Services.

         Fee has the meaning given to it in clause 3.

         HealthOne means the patient record management system at https://healthone.org.nz/

         Intellectual Property includes all intellectual property rights, including copyright, patent and design rights, drawings, documents, data, ideas, and calculations.

         Payment Terms are specified in the Order Details, if any.

         Privacy Policy means the privacy policy published by us as updated from time to time and displayed on our Website or upon request by you.

         Service means any consultation, treatment, procedure, Telehealth Consultation or other Service provided by us.  

         Telehealth Consultation means a remote appointment with us either by video/audio link or telephone.

         Website means [URL] or any other website domain operated by us and used in the provision of the Services.

1.2    Reference to a party includes that party’s successors, executors, administrators, and permitted assigns.

1.3    Reference to clauses is to clauses in these Terms of Service.

1.4    Reference to a statute includes:

(a)   references to all regulations, orders, rules, or notices made under that statute;

(b)   all amendments to that statute and those regulations, orders, or notices; or

(c)   any statute passed in substitution of that statute.

2.      Commencement and Completion

2.1    These Terms of Service are binding on the parties from the date on which you Engage Our Services. If you Engage Our Services through our Website it creates a contract for Services.

3.      Fee

3.1    You will pay to us:

(a)   the fee for our Services;

(b)   any disbursements incurred by us on your behalf; and

(c)   the cost of any materials, medications or other consumables used in the course of our Services.

         (together, our Fee).

3.2    Our Fee replaces any prior quotation or estimate.

3.3    Unless specified otherwise, the Fee and all other amounts payable under these Terms of Service are inclusive of GST and are payable in New Zealand dollars.

3.4    Disbursements incurred by us on your behalf may include a reasonable mark-up by us.

4.      Payment Terms

4.1    You will pay our Fee at the time the Services are performed, unless otherwise agreed by us (the Due Date). 

4.2    Payment of our Fee will remain payable in full where a Service is cancelled by you, for any reason, with less than 48 hours’ notice.

4.3    If you do not pay on the Due Date, you will:

(a)   be in default;

(b)   pay us default interest:

(i)    at the rate of 12% per annum;

(ii)    accruing on a daily basis;

(iii)   from the Due Date to the date of payment in full of the amount due, including any accrued interest.

4.4    If you do not pay on the Due Date, you may be referred to a debt collection agency without any notice to you or legal proceedings may be brought against you by us.

4.5    If you are referred to a debt collection agency or legal proceedings are brought against you, you may be required to pay all costs reasonably incurred by us in recovering any outstanding amounts. These costs may include:

(a)   Debt collection agency fees;

(b)   Administrative expenses;

(c)   Legal fees; and

(d)   Any applicable interest on the overdue balance.

4.6    Payment of all sums under these Terms of Service will be without set-off or deduction of any kind.

4.7    We may apportion payments to outstanding accounts as we determine in our sole discretion.

5.      Cancellations and Missed Appointments

5.1    You are required to notify the clinic of any cancelation or rescheduling of any appointment a minimum of 48 hours before the time of the appointment.

5.2    Cancellations made within 48 hours of scheduled appointment times or failure to attend an appointment will result in the full appointment fee being payable pursuant to clause 5.2.

6.      Performance of the Services

6.1    We will perform the Services with reasonable skill, care, and diligence in a professional manner. We may perform any variation to the Services that is in our opinion, reasonably required or  incidental to the performance of the Services.

6.2    We will comply with the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996, ensuring that patients receive care that is respectful, informed, and of an appropriate standard. A copy of the Code can be viewed at www.hdc.org.nz.

6.3    You agree to:

(a)   provide us with a full and accurate disclosure of your medical history, concerns or any other information relevant to our performance of the Services. You acknowledge that we will be relying upon the information provided by you.

(b)   allow us to communicate with your primary health practitioner and any other medical practitioner we consider relevant to the Services;

(c)   Comply with any reasonable instructions or directions we provide in relation to our provision of the Services whether before the Services, during the Services or following the Services; and

(d)   Immediately inform us of any concerns, questions or other information you may have about the Services.

7.      Limitation of liability

7.1    Except to the extent that the law prevents us from excluding liability, we will not be liable for any loss, damage, or liability of any kind whether:

(a)   suffered or incurred by you or another person;

(b)   in contract or tort, including in negligence or otherwise; or

(c)   the loss or damage arises directly or indirectly from the Services.

8.      Force majeure

8.1    We will not be liable for any delay in or failure to deliver the Services if the cause of the delay or failure is beyond our control.

9.      Default

9.1    If:

(a)   you fail to pay any money owing on the Due Date;

(b)   we believe you:

(i)    have committed or will commit an act of bankruptcy;

(ii)    have had or are about to have a receiver or liquidator appointed; or

(iii)   are declared insolvent;

(c)   you are otherwise in breach under these Terms of Service;

         then, in addition to any remedies we have at law, we may do one or more of the following:

(d)   require immediate payment of our Fee;

(e)   charge default interest under clause 6.2; and/or

(f)    immediately terminate these Terms of Service by written notice to you.

10.    Privacy and Consent to Collection and Use of Health Information

10.1  Your privacy is important to us and is governed by our Privacy Policy and all applicable privacy laws, including the Privacy Act 2020 (NZ) and the Health Information Privacy Code 2020.

11.    Use of Artificial Intelligence (AI)

11.1  We may use AI-based tools or decision-support technologies to assist in clinical assessment, documentation, or treatment planning.

11.2  All use of AI systems complies with the Privacy Act 2020 and the Health Information Privacy Code 2020, ensuring that identifiable personal health information is handled lawfully, securely, and with your confidentiality maintained.

11.3  No personal or health information will be shared with third-party AI providers unless de-identified or explicitly consented to by you.

11.4  By Engaging Our Services, you consent to the use of AI technology in our provision of the Services until expressly revoked by you.  

12.    Intellectual Property

12.1  All Intellectual Property as at the date of these Terms of Service remains with us.

13.    Variation/Termination

13.1  We may at any time by notice in writing to you:

(a)   vary these Terms of Service, acting reasonably, and you will be bound by the variation from the date of that notice; or

(b)   terminate these Terms of Service.

14.    Notices

14.1  Any notice may be delivered in person or sent by email to you.

15.    Costs

15.1  You must pay our costs of the enforcement or attempted enforcement of our rights under these Terms of Service including all debt recovery costs and legal costs.

16.    Assignment

16.1  You must not assign any of your rights, powers, or obligations under these Terms of Service without our prior written consent.

17.    Disputes

17.1  If a dispute arises, the parties will act in good faith to resolve the dispute.

17.2  Any claim or dispute arising under these Terms of Service will be determined by mediation if the parties are unable to resolve the dispute themselves within one calendar month of the dispute arising. Nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand court.