Terms and Conditions

These terms apply to your access to, and use of, the entire contents of the https://www.kiasma.health website and the Kiasma iOS and Android applications ("Services"), including any unique URL that we may provide to you via that website or native application, and any services made available to you via or in relation to Kiasma. The website, applications, and the products, offerings, content and materials offered through the websites and applications (including, but not limited to, health coaching) are collectively called the "Services" in these terms.

The Services are provided by or on behalf of Kiasma Health Ltd (also called "Kiasma", "we", "us" and "our" in these terms).

These terms form a legal agreement between you and us. You are considered to have accepted these terms if you click to confirm your acceptance or agreement (where this option is provided to you) or if you otherwise view, access or use the Services in any way. 

If you do not agree to these terms, you are not permitted to use the Services.

These terms refer to different types of Content available to you on Kiasma:

  • “Kiasma Content” is information provided and endorsed by the Kiasma team 

  • “Your Content” is information uploaded to the App by you

  • “External Content” is information accessed from external sources through hyperlinks or embedded videos on the App or shared with you by a practitioner like a health coach or other health professional.

1. Your right to use the Services

So long as you comply with these terms, we grant you a non-exclusive and non-transferable right to access and use the Services in the manner we make them available to you from time to time. This right is subject to these terms and is limited by any additional terms and/or notices displayed as part of the Services or that we provide to you. You are granted different rights in relation to the Kiasma Content, as set out in section 2 below.

Except as set out above, you are not granted any other rights in relation to the Services.

Note: Access to the Services requires use of a modern web browser or an Android or iOS smartphone. Browsers and applications are constantly improving, and for security reasons, it is important that these are kept up-to-date.

2. Your right to use the Kiasma Content

As a part of the Services, the Kiasma Content (including images, audio and videos) will be made available to you on Kiasma to access and use. So long as you comply with these terms, we grant you a non-exclusive and non-transferable right to access, use, copy, modify and print Kiasma Content solely for your personal use in the manner we make it available to you from time to time and subject to any other terms and conditions that accompany the Kiasma Content. You are not granted any other rights in relation to the Kiasma Content, and your rights to the Kiasma Content cease when this agreement ends.

3. Your Content

We do not own any of the information, data, files and other content that you upload to or provide to the Services ( "Your Content" ). 

Due to the nature of the digital medium and how information is stored, you grant to us and our suppliers and contractors the right to store, use, modify, adapt, reproduce, publish, display, distribute and communicate Your Content for the purpose of providing, enhancing and supporting the Services. Our use of Your Content is also subject to our Privacy Policy.  You represent and warrant to us that you have the right and authority to grant these rights, and Your Content will not violate these terms.

If this agreement ends for any reason, or your profile account is closed (in accordance with section 13 (Ending the Services and this agreement) below), you will no longer have access to Your Content, through the App. We will retain your information for ten years, in accordance with the Health (Retention of Health Information) Regulations 1996, unless you have chosen to have the information transferred to you via digital download.

You will not be able to access Your Content once your profile account has been closed or this agreement ends, but you will be able to access your information as set out in our Privacy Policy.

While we ensure best efforts and practice to backup and keep Your Content secure, we do not promise that it is completely secure or recoverable or will never be lost or damaged.

4. Intellectual Property

We alone (or our licensors) own and shall retain all rights, title and interest, including intellectual property rights (whether or not registered and anywhere in the world), in and to the Services, Kiasma Content (including in the user interface, design and look and feel of the Services and in any underlying software, ideas or know-how).

You agree that any feedback or suggestions that you provide to us in relation to the Services and Kiasma Content is not confidential and becomes our intellectual property.

Our trademarks, logos, business, product and domain names are also owned by us (or our licensors) alone, and you are not granted any rights or interests in any of them.

5. Your personal information

See our Privacy policy for the way Kiasma collects and uses your personal information.

6. Content available via the Services

All information, data, files and other content (including doc, image, audio and video files) that you may have access to as part of or via the Services ("External Content") in the form of hyperlinks or embedded videos, is the sole responsibility of the person or organisation from which that External Content originated. We do not endorse or approve External Content and are not liable in any way for your (or anyone else's) use or reliance on External Content.

7. These terms may change

From time to time, we may change these terms. We will endeavour to give you notice before the new version of the terms take effect by displaying a notice as part of the Services (for example, on Kiasma, via push notification in the App itself). Any use by you of the Services after the new version of the terms has been posted on Kiasma confirms your acceptance of the new version of the terms.

8. Your responsibilities

You (and not us) are responsible for your use of the Services (including the Kiasma Content) and any and all activity that occurs under your profile account (including Content that is posted, created, transmitted or displayed). Such use and activity is collectively called "Your Activity" in these terms.

It is your responsibility to:

  • make sure you access and use the Services in a reasonable and proper manner for your personal purposes only and never in a way that breaks any applicable local, state, national or international laws or regulations or infringes our or anyone else's rights;

  • provide accurate, current and complete identification, contact and other information as may be required as part of the registration process or whenever otherwise required as part of your use of the Services;

  • comply with all our directions and restrictions regarding the use of the Services;

  • make sure your use of the Services, and anything you do or control, never impairs the Services or their use by other users;

  • make sure you do not, do not agree to, or do not authorise or encourage any third party to:

    • use the Services for any fraudulent or inappropriate purpose;

    • resell, duplicate, reproduce or exploit any part of the Services or Kiasma Content without the express written permission of Kiasma; or

    • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services or Kiasma Content;

  • never attempt to undermine the security or integrity of the Services, circumvent any restrictions we place on your use of the Services, or obtain access to any part of the Services (including any Kiasma Content or External Content) that you have not expressly been given permission to access;

  • make sure your username and password are kept confidential and secure and are properly used by you (and immediately tell us whenever you have reason to believe that this hasn't happened or there has been any breach of security);

  • make sure that Your Content is free of anything illegal or that may be offensive, any viruses and anything else that infringes a third party's rights or could have a detrimental effect on the Services or us (including our reputation);

  • never access (or attempt to access) the Services in an automated manner or other than through the interface that we make available to you for access; and

  • never reproduce, duplicate, modify, reverse engineer, copy, resell, sub-license, create derivative works from or exploit any portion of the Services or Kiasma Content.

You understand that violation of any of the foregoing may result in the immediate termination of this agreement, and may subject you to penalties and other legal consequences as may be imposed by governing authorities within your country of residence.

9. Disclaimers and exclusions of warranties

Please note the following important disclaimers and exclusions of warranties, each of which applies to the extent permitted by law including the Consumer Guarantees Act.

The Services are provided to you on an "as is" and "as available" basis and without warranties of any kind. Any product, offering, content and material downloaded or otherwise obtained through the use of the https://app.kiasmahealth.com/ website and associated iOS and Android applications is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.

Neither Kiasma, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the https://app.kiasmahealth.com/ website and associated iOS and Android applications, or any function contained within, will be uninterrupted or error-free (including at a certain speed), that defects will be corrected and the https://app.kiasmahealth.com/ website and associated iOS and Android applications (or the servers that make them available) are free of viruses or other harmful components.

So far as possible under the Consumer Guarantees Act, we disclaim all warranties (whether express or implied), including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement, that they will be reliable or always available, that they will meet your requirements, that any Kiasma Content or External Content is accurate, current, complete or reliable, or that all problems can or will be corrected.

Neither Kiasma, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content, and materials obtained or used through the Services, in terms of their correctness, accuracy, reliability or otherwise.

No advice or information obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms and conditions.

All health coaches providing Services through Kiasma are appropriately qualified and supervised by organisations with a Clinical Governance Framework that oversees quality assurance, quality improvement, and consumer safety. Neither Kiasma, any of our Health Coaches (whether employed or contracted by us or our affiliates), employees or otherwise, nor any of our affiliates, make any warranties or representations about the quality or success of the Health Coach services, whether your goals will be achieved, the health benefits of the Kiasma programme and the advice of the Health Coaches generally. You further acknowledge that the Health Coaches assigned to you will not be liable to you or any third party for any loss or damage suffered by you in using the Health Coach service.

Sometimes the Services will be unavailable or your use will be limited because of maintenance or other work that is being undertaken. We will endeavour to provide advance notice of planned service interruptions.

10. Third-party sites and services

The Services may reference and/or permit you to link to other websites, services or resources ( "Third Party Products" ) on the Internet or in person, and Third Party Products may contain links to the Kiasma Website. You may be asked to pay for Third Party Products, for example, a specialist's appointment. All Third Party Services suggested by Kiasma have been reviewed in accordance with the Kiasma Clinical Governance Framework, and best efforts have been made to ensure the quality of these services.  However,  when you access Third Party Products, you do so at your own risk. These Third Party Products are not under Kiasma’s control, and you acknowledge that Kiasma is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party Products. Kiasma neither endorses the information, content, presentation, or accuracy of such Third Party Products, nor makes any warranty, express or implied, regarding these Third Party Products. You further acknowledge and agree that Kiasma shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such Third Party Products.

11. Changes to the Services

We may, at our sole discretion, modify the whole, or any part of, the Services at any time without notice to you and these terms continue to apply to any modified Services.

By signing up to the Services you agree to receive push notifications in the App from us regarding changes to the Services (for example, notifications of upcoming or recent updates, enhancements and support).

12. Ending the services and this agreement

You may cancel your profile account and end this agreement at any time for any reason from your settings within the App. 

We may end this agreement at any time for any reason. However, we will endeavour to give you at least 3 days notice beforehand. We may also end this agreement, and/or end, suspend or restrict your access and use of the Services, at any time without notice to you if:

  • you have breached any of these terms; or

  • we (in our sole discretion) consider it necessary or desirable to do so to protect our proper interests or the interests of anyone else

  • you do not have an active subscription to Kiasma, or you are not covered by an active subscription to Kiasma, for example, as an employee of a participating organisation. 

Taking any of the steps above does not limit any other rights or remedies that may be available to us.

Ending this agreement or any of the Services does not affect sections 3, 4, 5, 6, 10, 11, 13, 14, 15 and 16 (which will continue to operate) or any rights or remedies that have accrued beforehand.

13. Limitation and exclusions of liability

We, and our affiliates, suppliers, contractors, directors, employees and agents ( "Our Personnel" ), will not be liable to you or any third party for any loss or damage to Your Content, breach of security or privacy, loss of profit, revenue, opportunity or saving, or any incidental, indirect, special or consequential loss or damage.

Except to the extent permitted by law, nothing in this Agreement has the effect of contracting out of the Consumer Guarantees Act.  To the extent our liability cannot be excluded but can be limited, then if we, or Our Personnel, are liable to you for any reason, then the total aggregate liability of us and Our Personnel (together) to you in relation to the Services, the Kiasma Content, Your Content and all things we or Our Personnel have done or not done (including any breach of these terms) will be limited to an amount not exceeding NZ$100.

The total aggregate liability above, and any exclusions or disclaimers of liability in these terms, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise.

We will not be responsible or liable for any failure or delay to perform our obligations due to any cause that is beyond our reasonable control or any failure by you to perform any of your obligations.

14. Indemnity

You fully indemnify us from and against all claims, damages, losses, liabilities and costs arising from or related to Your Activity or any breach of these terms by you.

15. General

In these terms, words in the singular include the plural and vice versa; any examples in these terms, and references to "including" and similar words, are illustrative only and do not imply any limitations; and clause and other headings are for ease of reading only and do not affect the interpretation of these terms.

You may only subcontract, transfer or assign any of your rights or obligations under these terms with our prior written consent. We may subcontract, transfer or assign all or any part of our rights or obligations under these terms.

These terms constitute the entire agreement and understanding between you and us in respect to its subject matter and replaces all previous agreements, understandings and representations relating to that subject matter and any additional or different terms that you may provide to us (including on any purchase orders).

Anything we need to notify or tell you of in writing under these terms will be sent using a push notification in the App itself. 

Any waiver of any of these terms must be in writing and signed by one of our authorised representatives. Any delay or failure by us to exercise any right does not prevent us from exercising that right, or any other right, on that or any other occasion.

If any provision of these terms is held to be illegal, invalid or unenforceable, it shall be deemed to be amended so that it accomplishes the original purpose of that provision as far as possible. The legality, validity or enforceability of the remaining provisions shall not be affected.

These terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand courts.

Version 1.0 January 2024