Privacy, Confidentiality, Security, Terms of Use

1. Privacy

This privacy policy sets out how textCare uses and protects any information that you give us when you use this website. textCare is committed to ensuring that your privacy is protected. We will never sell or give away any details entered into the system. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. textCare may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 30 June 2012. textCare undertakes to abide by and respect the legal requirements of personal and medical information privacy that apply in New Zealand, and undertakes to honour or exceed the legal requirements of medical information privacy that apply in New Zealand.

2. Confidentiality

textCare treats as confidential all information recorded by users. All information recorded is stored on secure databases and servers. Passwords are encrypted. Access to the system is by name and password.

We will not sell, distribute or lease any information to third parties unless we have your permission or are required by law. Any personal information (email addresses, contact information, names, personal or medical data) sent to us (by email or post) is treated as confidential and will not be shared or forwarded to any third party.

Cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

3. Security

We are committed to ensuring that this system is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

SSL ("Secure Socket Layer") is a security protocol that provides communication privacy over the Internet. The protocol allows the textCare web site to securely communicate and prevent eavesdropping, tampering, or communications forgery. Banks and e-commerce companies such as Amazon.com use SSL to keep information safe and secure during transactions. In textCare's case, SSL keeps your communications absolutely secure ( textCare's normal password protection keeps your information private, but SSL keeps it private and secure).

Our web site and databases are hosted and backed up each night by a top level tier-1 data centre. It offers total web server reliability with 24/7 on-site support and strict quality systems and controls.

4. Terms of use

1. Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service hosted on or accessed via this web site, you will be subject to any rules or guidelines applicable to the said services, and they will be incorporated by reference within these terms of use.

2. The site editor's service

This web site and services provided to you on and through this web site are provided on an "AS IS" basis. You agree that the site editor exclusively reserves the right to modify or discontinue provision of this web site and its services, and to delete the data you provide, either temporarily or permanently; the site and may, at any time and without notice and any liability to you, The site editor shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Third-party services

Goods and services of third parties will not be advertised and/or made available on or through this web site.

4. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor's subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable attorney's fees, that may be made by any third party, due to or arising out of your conduct or connection with this web site or service, your provision of content, your violation of these terms of use, or any other violation of the rights of another person or party.

5. Disclaimer of warranties

You understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. it is provided to you "as is" and the site editor expressly disclaims all warranties of any kind, either implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. the site editor makes no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. you understand and agree that neither the site editor nor any participant in the service provides professional advice of any kind and that use of any advice or any other information obtained via this web site is solely at your own risk, and that the site editor may not be held liable in any way. some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

6. Limitation of liability

you expressly understand and agree that the site editor shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if the site editor has been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use the service, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using the service, or (v) any other matter relating to the service. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

7. Reservation of rights

The site editor reserves all of the site editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have for this web site, its content, and the goods and services that may be provided. The use of the site editor's rights and property requires the site editor's prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this web site or service without the site editor's prior written consent.

8. Applicable law

You agree that these terms of use and any dispute arising out of your use of this web site or the site editor's products or services shall be governed by and construed in accordance with local laws in force where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service, you consent and submit to the exclusive jurisdiction and venue of the location of the headquarters of the owner of this web site.

9. Miscellaneous information

(i) In the event that these terms of use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms of use will remain valid and intact;
(ii) The failure of either party to assert any right under these terms of use shall not be considered a waiver of that party's right, and that right will remain in full force and effect;
(iii) You agree that, without regard to any statute or contrary law, that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose, or else the claim shall be forever barred;
(iv) The site editor may assign the site editor's rights and obligations under these terms of use; in this case, the site editor shall be relieved of any further obligation.

textCare will never ask for your password or credit card number.