Terms & conditionsRevised March 2018
These terms apply to your access to, and use of, the entire contents of the https://app.melonhealth.com/ website and the Melon iOS and Android applications ("Melon"), 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 Melon. The website, applications, and the products, offerings, content and materials offered through the website and applications (including but not limited to health coaching and peer group support) are collectively called the "Services" in these terms.
The Services are provided by or on behalf of Melon Health Ltd (also called "Melon", "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.
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 Melon 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 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 Melon Content
As a part of the Services, information (including images, audio and videos) will be made available to you on Melon to access and use (the "Melon Content" ). 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 Melon 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 Melon Content. You are not granted any other rights in relation to the Melon Content and your rights to the Melon 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" ). So, 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. 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. We will retain Your Content for a period of approximately 6 months, after which we will delete it. However, we will delete it earlier if you ask us to do so.
You will not be able to access Your Content once your profile account has been closed or this agreement ends.
While we endeavour 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.
We reserve the right (but have no obligation to) remove or edit any of Your Content in our sole discretion.
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 and Melon 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 or Melon Content is not confidential and becomes our intellectual property.
Our trademarks, logos and 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
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 ("Content") is the sole responsibility of the person or organisation from which that Content originated. We do not endorse or approve Content and are not liable in any way for your (or anyone else's) use or reliance on 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 either emailing you with notice of the changed terms (sent to the email address you gave us when you signed up to the Services), or by displaying a notice as part of the Services (for example, on Melon). Any use by you of the Services after the new version of the terms has been posted on Melon 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 Melon 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 Melon Content without the express written permission of Melon; or
- use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services or Melon 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 Melon Content or Content) that you have not expressly been given permission to access;
- make sure your username and password is 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 Melon 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. Payments and donations
If you choose to pay for a Service offered on Melon, or provide us with a donation to assist with the development of the Services we provide, you will be directed to a payment gateway for processing of payment. This facility is managed by a third party payment gateway provider and is subject to their terms and conditions. It is your responsibility to ensure that the transaction, credit or debit card information, and all other details you provide in relation to your payments made through the payment process are correct. You agree and acknowledge that Melon shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
10. 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.
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.melonhealth.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 Melon, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the https://app.melonhealth.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 or that the https://app.melonhealth.com/ website and associated iOS and Android applications (or the servers that make them available) are free of viruses or other harmful components.
The nature of the Services means 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 Melon Content or Content is accurate, current, complete or reliable, or that all problems can or will be corrected.
Neither Melon, 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.
You acknowledge that Health Coaches assigned to you may or may not be medically trained or that their practice may or may not be regulated. Neither Melon, 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 Melon program 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.
11. 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, and Third Party Products may contain links to the Melon Website. When you access Third Party Products, you do so at your own risk. These Third Party Products are not under Melon’s control, and you acknowledge that Melon is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party Products. Melon 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 Melon 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.
12. 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 receiving emails from us regarding changes to the Services (for example, notifications of upcoming or recent updates, enhancements and support).
We may from time to time set upper limits on the storage space and bandwidth related to your profile account. If you exceed those limits we reserve the right to immediately disable your profile account or limit your use until you can reduce your bandwidth consumption to a level that we consider reasonable.
13. Ending the services and this agreement
You may cancel your profile account and end this agreement at any time for any reason on your "edit profile" page.
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.
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.
14. 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.
If we or Our Personnel are liable to you for any reason, and for any reason we have not been able to exclude that liability under these terms, then the total aggregate liability of us and Our Personnel (together) to you in relation to the Services, the Melon Content, Your Content and all things we or Our Personnel have done or not done (including any breach of these terms) will under no circumstances exceed 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.
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.
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 may be sent to you by email to the last address you gave us writing. We can assume that any communication from us (including those sent by email or post) has been received by you two days (or seven days if by international post) after it was sent unless we have been notified to the contrary (for example, if we receive notice of failure or delay in the delivery of an email).
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.