Terms and condition

Repeat Ordering System (ROS) Terms of Use

Welcome to Repeat Ordering System (ROS) an online ordering service designed especially for consumers and primary health care centres. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Repeat Ordering System (ROS) provides You with access to the Service.

The Repeat Ordering System (ROS) Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of this Service. Repeat Ordering System (ROS) reserves the right to change these terms at any time, effective upon the posting of modified terms and Repeat Ordering System (ROS) will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 31 December 2013.

  1. DEFINITIONS

"Agreement" means these Terms of Use.

"Access Fee" means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Repeat Ordering System (ROS) may change from time to time on notice to You).

"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data" means any data inputted by You or with Your authority into the Website or the ROS Smartphone Application.

"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Service" means all online Doctor’s Prescription and Pharmacy Repeats ordering services, and Medical Centre and Pharmacy Dashboard services available. Services may be changed or updated from time to time by Repeat Ordering System (ROS)) via the Website.

"Website" means the Internet site at the domain www.repeatorderingsystem.co.nz  or any other site operated by Repeat Ordering System (ROS).

"Repeat Ordering System (ROS)" is the Trade name owned by Tigdan Limited

"Subscriber" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

"You" means the Subscriber. "Your" has a corresponding meaning.

     2,  USE OF SOFTWARE

Repeat Ordering System (ROS) grants You the right to access and use the Service via the Website or Smart Phone Application with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber or any other applicable laws:

  1. the Subscriber or Consumer allows their selected Primary Healthcare Centres (Medical centres and/or Pharmacies) authority to access to their respected Doctor’s Prescription or Pharmacy Repeats History, in order to process the Subscriber’s requests.
  2. the Subscriber or Consumer requesting on behalf of a Family Member, must have the authority or consent from that Family Member before adding them into “Add Family” section in the Repeat Ordering Systems (ROS).

Exceptions, may apply to clause 2.2, where the Family Member are children (under sixteen years old and still under the care of the Subscriber i.e parents), or the Subscriber is a caregiver or legal guardian of a child under sixteen years old. 

 3.  YOUR OBLIGATIONS

  1. Payment obligations: (Primary Health Care Centres only)

An invoice for the Access Fee will be issued each month starting one month from the date You added Your first organisation to Your Repeat Ordering System (ROS) account. All invoices will include the Access Fee for the preceding period one month of use. Repeat Ordering System (ROS) will continue invoicing You monthly until this Agreement is terminated in accordance with clause 8. 

All Repeat Ordering System (ROS) invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.

  1. Preferential pricing or discounts: (Primary Health Care Centres only)

You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organisations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organisations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organisations. Without prejudice to any other rights that Repeat Ordering System (ROS) may have under these Terms or at law, Repeat Ordering System (ROS) reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.

  1. General obligations:

You must only use the Service and Website for Your own lawful internal purposes, in accordance with these Terms and any notice sent by Repeat Ordering System (ROS) or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

     2.  Access conditions:

  1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Repeat Ordering System (ROS) of any unauthorised use of Your passwords or any other breach of security and Repeat Ordering Systems (ROS) will reset Your password and You must take all other actions that Repeat Ordering Systems (ROS) reasonably deems necessary to maintain or enhance the security of Repeat Ordering Systems (ROS)'s computing systems and networks and Your access to the Services.
  2. As a condition of these Terms, when accessing and using the Services, You must:
    1. not attempt to undermine the security or integrity of Repeat Ordering System (ROS)'s computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
    3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
    4. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
    5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
  3. Usage Limitations:

Use of the Service may be subject to limitations, including but not limited to monthly transaction or requests volumes and the number of calls You are permitted to make against Repeat Ordering System (ROS)’s application programming interface. Any such limitations will be advised.

     4.  Communication Conditions:

As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. Repeat Ordering System (ROS) is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Repeat Ordering System (ROS) does reserve the right to remove any communication at any time in its sole discretion.

         5. Indemnity.

You indemnify Tigdan Ltd against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Tigdan Ltd, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

4. CONFIDENTIALITY AND PRIVACY

  1. Confidentiality:

 Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  2. Each party's obligations under this clause will survive termination of these Terms.
  3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
    1. is or becomes public knowledge other than by a breach of this clause;
    2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
    3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
    4. is independently developed without access to the Confidential Information.

          2.  Privacy:

Repeat Ordering System (ROS) maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at http://repeatorderingsystem.co.nz/content/terms-use  and You will be taken to have accepted that policy when You accept these Terms.

5.  INTELLECTUAL PROPERTY

  1. General:

Title to, and all Intellectual Property Rights in the Services, the Website, Smart Phone Application and any documentation relating to the Services remain the property of Repeat Ordering System (ROS) (or its licensors).

     2 .Ownership of Data:

Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Repeat Ordering Systems (ROS) Access Fee. You grant Repeat Ordering System (ROS) a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

     3. Backup of Data:

You must maintain copies of all Data inputted into the Service in case of any unforeseen network, server, or any other disruptions. Repeat Ordering System (ROS) adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Repeat Ordering System (ROS) expressly excludes liability for any loss of Data no matter how caused.

6. WARRANTIES AND ACKNOWLEDGEMENTS

  1. Authority:

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

      2. Acknowledgement:

You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
  2. Repeat Ordering System (ROS) has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
    1. You are responsible for ensuring that You have the right to do so;
    2. You are responsible for authorising any person who is given access to information or Data, and you agree that Repeat Ordering System (ROS) has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
    3. You will indemnify Repeat Ordering System (ROS) against any claims or loss relating to:
      1. Repeat Ordering System (ROS)'s refusal to provide any person access to Your information or Data in accordance with these Terms,
      2. Repeat Ordering System (ROS)’s making available information or Data to any person with Your authorisation.
  3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  4. Repeat Ordering System (ROS) does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Repeat Ordering System (ROS) is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  5. Repeat Ordering System (ROS) is not a Healthcare Provider and use of the Services does not constitute the receipt of Healthcare advice. If You have any health care questions, please contact Your Healthcare Professional. It is Your sole responsibility to determine that the Services meet the needs of Your business or personal requirements.
  6. You remain solely responsible for complying with all applicable New Zealand laws including but not limited to Medications Act 1981, Medications Regulations 1984, Health Information Privacy Code 1994 and Code of Health and Disability Services Consumers’ Rights, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Website or the Smartphone Application will comply with laws applicable to you (including any laws requiring you to retain records).

        3. No warranties:

Repeat Ordering System (ROS) gives no warranty about the Services. Without limiting the foregoing, Repeat Ordering System (ROS) does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

        4. Consumer guarantees:

You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business or personal use and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

7. LIMITATION OF LIABILITY

  1. To the maximum extent permitted by law, Repeat Ordering System (ROS) excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits, emotional stress and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service, Website and Smart Phone Application.
  2. If You suffer loss or damage as a result of Repeat Ordering System (ROS)'s negligence or failure to comply with these Terms, any claim by You against Repeat Ordering System (ROS) arising from Repeat Ordering System (ROS)'s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
  3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

8. TERMINATION

  1. Trial policy (Primary Health Care Centres only)

When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation/ account in the 'My Repeat Ordering System (ROS)' section of the Services or contact Repeat Ordering System (ROS).

      2. Prepaid Subscriptions (Primary Health Care Centres only)

Repeat Ordering System (ROS) will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

      3. No-fault termination: (Primary Health Care Centres only)

These Terms will continue for the period covered by the Access Fee paid or payable under clause 3. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.

       4. Trial policy (Non Primary Health Care Centres/ Patients)

When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You agree and accept the Terms of Use and Privacy Policy. If You choose not to continue using the Services, You may delete Your account in the 'My Repeat Ordering System (ROS)' section of the Services or contact My Repeat Ordering System (ROS).

       5. Breach:

If You:

  1. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
  3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

Repeat Ordering System (ROS) may take any or all of the following actions, at its sole discretion:

  1. Terminate this Agreement and Your use of the Services, the Website and the Smart Phone Application;
  2. Suspend for any definite or indefinite period of time, Your use of the Services, the Website and the Smart Phone Application;
  3. Suspend or terminate access to all or any Data.

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations (as defined at clause 3) is not made in full by the relevant due date, Repeat Ordering System (ROS) may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

      6. Accrued Rights:

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use the Services and the Website.

Expiry or termination:

Clauses 3.1, 3.7, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.

HELP DESK

Technical Problems:

 In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Repeat Ordering System (ROS). If You still need technical help, please check the support provided online by Repeat Ordering System (ROS) on the Website.

Service availability:

Whilst Repeat Ordering System (ROS) intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Repeat Ordering System (ROS) has to interrupt the Services for longer periods than Repeat Ordering System (ROS) would normally expect, Repeat Ordering System (ROS) will use reasonable endeavours to publish in advance details of such activity on the Website.

  1. Entire agreement:

These Terms, together with the Repeat Ordering System (ROS) Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Repeat Ordering System (ROS) relating to the Services and the other matters dealt with in these Terms.

  • If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
  • Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No Assignment:

You may not assign or transfer any rights to any other person without Repeat Ordering System (ROS)'s prior written consent.

Governing law and jurisdiction:

If the information or Data You are accessing using the Services and the Website is solely that of a person who is a tax resident in New Zealand at the time that You accept these terms then New Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

  • Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Repeat Ordering System (ROS) must be sent to email address. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Repeat Ordering System (ROS) Privacy Policy

Ownership

Repeat Ordering System (ROS) is an online ordering service, which stores confidential information about a primary health care centre (Company) or individual (consumer) as provided or entered by that primary health care centre or individual. Repeat Ordering System (ROS) will store information that is entered by You, or automatically imported on Your instruction. The Data entered, or imported on instruction, by You remains Your property and Repeat Ordering System (ROS) will not use nor make available for use any of this information without Your permission.

You control Your Data

The Data entered, or imported on instruction, by You is stored securely in a database and is only accessible to any person You have authorised to use the Service.

It is Your responsibility to keep Your password safe.

Repeat Ordering System (ROS) will not sell or otherwise provide Your personal information to a third party, or make any other use of personal information about You for any purpose which is not incidental to the normal use of the Service.

Repeat Ordering System (ROS) monitors system usage

The Data entered, or imported on instruction, by You is stored securely in a database and is only accessible to You. It is Your responsibility to keep Your password safe. Repeat Ordering System (ROS) will never access the details of any confidential information entered and stored in the Service. Repeat Ordering Systems(ROS) will never access system usage history for a specific identifiable user, except where granted permission by that person to assist with resolution of a system issue or error.

Repeat Ordering System (ROS) staff can access non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using the Service so we can improve the system design and where appropriate have the system prompt users with suggestions on ways to improve their own use of the system.

You can opt-out of any email communications

Repeat Ordering System (ROS) sends billing information, product information, Service updates and Service notifications to You via email.

Where appropriate email communication will contain clear and obvious instructions describing how You can opt to be removed from the mailing list. Repeat Ordering System (ROS) will remove You upon Your request.

This policy may be updated from time to time

Repeat Ordering System (ROS) reserves the right to change this policy at any time and any amended policy is effective upon the posting on this website. Repeat Ordering System (ROS) will make every effort to communicate these changes to You via email or notification via the website.

Please read our Terms of Use

Use of the Service is subject to Repeat Ordering System (ROS)’s Terms of Use and this Privacy Policy should be read in conjunction with this. In the event of a conflict or disagreement between this Privacy Policy and the Terms of Use, the Terms of Use will prevail.