Terms and Conditions for Accessing Patient Portal
Effective Date: September 2024
Welcome to the Patient Portal, provided by MW Pharma Limited, a company incorporated in New Zealand with company number 6556595, with registered offices at Unit G12, 23 Edwin Street, Mount Eden, Auckland, 1024, New Zealand. The Patient Portal is available at https://kikuya.co.nz/ (the "Portal"). Throughout these Terms and Conditions, MW Pharma Limited will be referred to as "we," "us," or "our." These Terms and Conditions govern your access to and use of our Portal, which can only be accessed using a batch number from our products. By accessing or using the Portal, you agree to comply with and be bound by these Terms and Conditions.
1. Eligibility and Access
1.1 Eligibility: Access to the Portal is restricted to individuals who have been prescribed NUBU products and have received a batch number from our products. The products are currently unregistered in New Zealand, and access to the Portal does not imply any registration or regulatory approval, or availability of efficacy and safety data of the products.
1.2 Batch Number: To access the Portal, you must enter a valid batch number provided with your product. The batch number is unique to each product and is required for login.
1.3 User Responsibility: You are responsible for maintaining the confidentiality of your batch number and for all activities that occur under your access. Notify us immediately if you suspect any unauthorised use of your batch number.
2. Use of the Portal
2.1 Purpose: The Portal provides information and support related to our products. It is not intended to substitute for professional medical advice, diagnosis, or treatment.
2.2 Restrictions: You agree not to:
Use the Portal for any unlawful purpose or in violation of any applicable laws.
Share or distribute your batch number with any third party.
Attempt to gain unauthorised access to any part of the Portal or interfere with its operation.
Take screenshots, photographs, or other recordings of the Portal or its content, or share such content on social media, websites, or any other platforms.
2.3 Content: The information on the Portal is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or reliability of any content, and we do not make any claims regarding the efficacy or safety of the products. All content is provided "as is" and is subject to change without notice.
3. Privacy and Data Protection
3.1 Data Collection: We may collect personal information in accordance with our Privacy Policy. By using the Portal, you consent to our collection and use of personal information as described in the Privacy Policy. The personal data we collect includes your first name, last name, email address, batch number, and product name.
3.2 Purpose of Data Collection: We collect and use your personal data to verify your identity and access rights, manage your use of the Portal, provide product-related information and support, communicate with you, comply with legal obligations, and enforce our Terms and Conditions.
3.3 Data Protection: We implement reasonable technical and organisational measures to protect your personal data against unauthorised access, use, disclosure, alteration, or destruction. However, we cannot guarantee absolute security of your data.
3.4 Data Retention: We retain your personal data only for as long as necessary to fulfil the purposes for which it was collected or as required by law. Once no longer needed, your personal data will be securely deleted or anonymized.
3.5 Third-Party Disclosure: We do not sell, trade, or otherwise transfer your personal data to third parties except in specific circumstances such as working with service providers who assist us in operating the Portal or conducting our business, provided they agree to keep your data confidential, or when required by law.
3.6 Analytics: We may use third-party analytics tools to better understand how users interact with the Portal. These tools collect information sent by your device or our Portal, including the web pages you visit, add-ons, and other information that assists us in improving the Portal. The information collected will be directly transmitted to and stored by these service providers.
3.7 Your Rights: You have the right to access, correct, or update your personal data, request the deletion of your personal data (subject to legal and contractual obligations), and withdraw consent to our processing of your data where applicable.
4. Intellectual Property
4.1 Ownership: All content, features, and functionality available on the Portal, including but not limited to text, graphics, logos, images, software, and other materials (collectively, the “Content”), are the exclusive property of MW Pharma Limited, its licensors, or other content providers and are protected by New Zealand and international intellectual property laws.
4.2 Licence: Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Portal and its Content for your personal, non-commercial use. This licence does not include any rights to reproduce, modify, create derivative works of, publicly display, or distribute any Content from the Portal.
4.3 Restrictions: You agree not to copy, reproduce, republish, upload, post, transmit, or distribute any Content from the Portal in any form or by any means without our prior written permission. Additionally, you must not use any automated means to access or collect Content from the Portal or remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Content.
4.4 Trademarks: All trademarks, service marks, and trade names used on the Portal are the property of MW Pharma Limited or their respective owners. You may not use any trademarks, service marks, or trade names without the prior written consent of the owner.
4.5 Feedback: If you provide us with any feedback or suggestions regarding the Portal, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, and incorporate such feedback into our products and services without any obligation or compensation to you.
4.6 Reservation of Rights: All rights not expressly granted in these Terms and Conditions are reserved by MW Pharma Limited and its licensors.
5. Disclaimers and Limitation of Liability
5.1 Disclaimer: The Portal and its content are provided "as is," without any warranties, whether express or implied. We do not warrant that the Portal will be uninterrupted, error-free, or free from viruses or other harmful components.
5.2 Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to your use of the Portal, including but not limited to damages for loss of profits, data, or other intangible losses. We are not liable for any claims related to the efficacy or safety of the products.
6. Support and Maintenance
6.1 Support: We provide basic support for users encountering issues with the Portal. Please contact our support team at hello@nubupharma.com for assistance.
6.2 Maintenance: We may perform scheduled maintenance or updates on the Portal. We will make reasonable efforts to notify users in advance of any planned downtime.
7. Termination
7.1 Termination by Us: We may terminate or suspend your access to the Portal at any time, with or without cause, and with or without prior notice.
7.2 Termination by You: You may discontinue your use of the Portal at any time.
8. Changes to Terms and Conditions
8.1 Amendments: We may update or revise these Terms and Conditions from time to time. Any changes will be posted on the Portal, and your continued use of the Portal after such changes constitutes your acceptance of the revised Terms and Conditions.
9. Governing Law
9.1 Applicable Law: These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.
10. Dispute Resolution
10.1 Disputes: Any disputes arising out of or in connection with these Terms and Conditions or the use of the Portal will be resolved in accordance with New Zealand law. We encourage you to contact us directly to resolve any issues before pursuing legal action.
11. Contact Information
11.1 Inquiries: For any questions or concerns regarding these Terms and Conditions or the Portal, please contact us at:
NUBU Pharmaceuticals
hello@nubupharma.com
By accessing or using the Patient Portal, you acknowledge that you have read, understood, and agree to these Terms and Conditions.