Terms Of Service.
The following terms and conditions govern all use of the www.thebettersleepclinic.com (the “Site”) and all content, services and products available at or through the Site. The Site is owned and operated by The Better Sleep Clinic Ltd. As used in this Terms of Service, terms such as “we” or “our” and “us” refer to The Better Sleep Clinic Ltd and any current and future affiliated entities.
The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including but not limited to our Privacy Policy), and procedures that may be published from time to time on this Site.
By accessing or using any part of the web site, you agree to become legally bound by the terms and conditions of this Terms of Service agreement (the “Agreement”). If you do not agree to all the terms and conditions, then you may not access the Site or use any services. The Site is not intended for any individual under the age of 18 and no individuals under the age of 13 should use the Site.
Website Content: Information and content (collectively, “Content”) on this Site is for general educational purposes only. The Content is not intended to replace any relationship or consultation with a health care provider or mental health professional (collectively, “Provider”). Furthermore, the Content should not be considered medical advice. You should always talk to your Provider for diagnosis and treatment, including information regarding which treatment may be appropriate for you. None of the Content on this website represents or warrants that any particular treatment is safe, appropriate, or effective for you. Because health information changes quickly you should always confirm information with your Provider. If you think you may have a medical or mental health emergency, call your health care provider or dial 111 immediately.
Responsibility of Users: By making submitting content, including communications, you represent and warrant that:
The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing); and
The content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Furthermore, you agree not to, and will not assist, encourage, or enable others to use the Site to
Violate our content guidelines;
Threaten, stalk, harm, or harass another, or promote bigotry or discrimination; or
Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Agreement;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or its content, except as we expressly authorize;
Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or its content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use any device or software that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes;
Disrupt or interfere with the security of, or otherwise cause harm to, the Site or its content; or
Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Site.
We are under no obligation to enforce this Agreement on your behalf. While we encourage you to let us know if you believe another user has violated this Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
Intellectual Property: All rights, titles, and interest in and to intellectual property will remain solely ours. The Better Sleep Clinic, www.thebettersleepclinc.com, our logo, and all other trademarks, service marks, graphics, and logos used in connection with The Better Sleep Clinic, or the Site are trademarks of The Better Sleep Clinic. Other trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site does not grant you any rights or license to reproduce or otherwise use any our or third-party trademarks.
All text, graphics, code, audio, video, or other content on the Site is protected by NZ and international copyright laws. You may download and reprint a single copy of materials from the Site only for your personal, non-commercial use, provided you include all applicable acknowledgements, credits, or notices. Any other use of the Content is strictly prohibited without our prior written permission.
Copyright Infringement – DMCA Notice: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a copyright owned by you, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. This request should be sent to: admin@thebettersleepclinic.com.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
Links: While visiting this Site you may click on links to other websites and leave this Site. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of service and privacy policies on such third party websites.
Disclaimer of Warranties: THE SITE IS PROVIDED “AS IS”, “WITH ALL ITS FAULTS”, AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. WE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR OUR LICENSORS, MAKE ANY WARRANTY THAT THE SITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE USE OF THIS SITE.
Limitation of Liability: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ANY PARTIES RELATED TO THIS SITE INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES FROM BUSINESS INTERRUPTION. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Governing Law and Statute of Limitations: New Zealand law governs this Agreement and any cause of action arising under or relating to your use of the Site. You agree that the only proper jurisdiction and venue for any dispute with us, or in any way relating to your use of this Site, is in New Zealand. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving with us or our employees, officers, directors, agents and providers.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the remainder of the Agreement shall remain enforceable.
Changes: We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site, including but not limited to, the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Privacy: Please read the full text of our Privacy Policy to understand how we treat any information gathered through this site.
Contact Us: If you have questions or concerns regarding these Terms of Service, please contact us at admin@thebettersleepclinic.com.