Terms of Use

Terms of Use 
About Children’s Online Clinic
1. Children’s Online Clinic is the trading name of Childrensonlineclinic Limited, a company incorporated under the Companies Act 1993 (referred to in these Terms of Use as “we”, “us” and “our”). 
 The Business number is 9429 0458 54590

2. Services are provided by us through health professionals including:
2.1. Dr Robert Winkler; 
2.2. Dr Stephanie Winkler; 
2.3. Jennifer Douglas; and
2.4. Dr Christop Airing.
Application and acceptance of these Terms of Use 
3. These Terms of Use apply to all users of our website and our services (referred to in these Terms of Use as “you”).
4. All services provided by us are subject to these Terms of Use.
5. By using our website and our services, you accept these Terms of Use. 
6. If you do not agree to these Terms of Use, you should immediately stop using our website and our services. 
7. These Terms of Use are to be read in conjunction with other documentation, if any, provided by us.  If there is any conflict between these Terms of Use and any other document, these Terms of Use shall prevail.
Our services 
8. We provide medical advice, second opinions and recommendations related to paediatric problems (referred to in these Terms of Use as “our advice”). 
9. We will not:
9.1. make a specific diagnosis based on questionnaires and/or phone calls;
9.2. comment on acute illnesses; or
9.3. prescribe any medication.
10. Our advice will be based on information you provide to us (by completing online questionnaires, telephone or SKYPE calls, secure messaging and/or photo assessment).


11. You must ensure that the information you provide to us is accurate, complete, and discloses all relevant information.  If you are unsure about the information you provide to us, or you do not understand the questions we ask, you must tell us. 
12. Our website, our services and our advice are not intended for use in a medical emergency.
Our liability
13. Your inquiry will be answered by our health professionals with reasonable care and skill and to the best of their knowledge.
14. Insofar as the law permits, we do not at any time give or imply any guarantee, warranty or assurance as to the content, accuracy, and/or completeness of our advice.
15. Relying on our advice is not a substitute for visiting a health professional.  Like any visit to a doctor, you rely on our advice at your own risk and we accept no liability for it.
Prices and payment
16. All consultation fees and other charges are displayed on our website in US dollars.  GST, disbursements and other taxes and duties that may apply will be in addition to the specified price, unless they are expressly stated to be included in the price.
17. Payment for our services must be made in advance.  
18. If payment has not been received by us, or if you are in breach any obligations under these Terms of Use, we may suspend or terminate delivery of our advice.  We will not be liable for any loss or damages you suffer as a result of us exercising our rights under this clause.
Intellectual property rights
19. All material on this website – including text, images, audio and video – is protected by copyright laws of New Zealand and, through international treaties, other countries.  
20. We own the copyright on all material on this website (unless the content is identified as being the property of another entity).
21. Downloading, printing or otherwise modifying, reproducing or transmitting material from this website is not permitted unless specifically agreed by us, and is not permitted in any circumstances for commercial purposes.


22. We will comply with our obligations under relevant legislation, including the Privacy Act 1993, the Health Information Privacy Code, the Health Act 1956 and the Health (Retention of Health Information) Regulations 1996.
23. You authorise us to collect, use and retain any information about you, and to use personal information for the purpose for which it was provided or for a purpose required or permitted by law.
Use of our website
24. By using this website, you confirm that:
24.1. you are at least 18 years old; and
24.2. you have the legal right and capacity to accept these Terms of Use. 
25. You are responsible for ensuring that your computer is secure, including taking all reasonable steps to:
25.1. prevent someone misusing or getting unauthorised access via your computer system to on this website or our services;
25.2. ensure your computer system and data are free of computer viruses and all other forms of corruption.
26. You assume all risks associated with any transfer of data or information to us, and with any other use of our website.  We are not liable for any damage arising from errors on or omissions from our website, or for interception, loss, theft, other action or difficulty in transmitting information to us.
27. We will not be responsible in any manner for direct, indirect, special or consequential loss caused in any way as a result of the use of our website.
Links to third-party material or websites
28. We do not accept liability for the accuracy or content of information on this website belonging to third parties, nor for the accuracy or content of any third-party website that you may access via a link from this site.  
29. Links to other websites from this website shall not be taken as endorsement of those sites or services offered on those sites.  
30. We shall in no way be liable or responsible, directly or indirectly, for any damage caused by or in connection with the use of any third party information or website.
Changes to our website 
31. We are under no obligation to update material on our website but we aim to do so regularly.  


32. We reserve the right to amend the content of the website at any time or to restrict access to it, without notice to you.
Changes to these Terms of Use
33. We may amend these Terms of Use at any time by posting changes on our website.  You are responsible for reviewing the amended Terms of Use.  Your continued use of our website and our services constitutes your agreement to the amended Terms of Use.
Applicable law
34. These Terms of Use and the relationship between us shall be governed by the laws of New Zealand.
35. You agree that the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute between us (including our officers, employees, contractors and agents) or otherwise arising from the use of our website or our services.  
Enforcement of these Terms of Use
36. Any failure by us to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect our right to enforce that provision.
37. If any provision of these Terms of Use is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use