Welcome to Pacific Edge Ltd together with its affiliates, including Pacific Edge Diagnostics USA Ltd and Pacific Edge Diagnostics New Zealand Ltd (collectively called "Pacific Edge," "We" or "Our") and www.pacificedgedx.com, www.pacificedge.co.nz and www.cxbladder.com (together with the contents of all those websites, the "Site").

Please read the following Terms of Use ("Terms") carefully before using this Site so that you ("You" or "Your") are aware of Your legal rights and obligations with respect to Pacific Edge. We reserve the right, at Our discretion, to modify these Terms at any time. We will inform You regarding such modifications by posting such latest changes on the Site. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.

No Medical Advice

The Site is for informational purposes. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Site.

Your Acceptance

By using or visiting this Site, You signify Your agreement to (1) these Terms and (2) Pacific Edge’s privacy policy at www.peblnz.com, www.pacificedge.co.nz and www.cxbladder.com ("Privacy Policy"). These Terms apply to all users of the Site. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein.

Ability to Accept Terms

You affirm that You are at least 18 years of age, as the Site is not intended for children under 18. If You are under 18 years of age You should not use or access the Site.

Website Access

Pacific Edge hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without Pacific Edge's prior written authorization; (ii) You will not reverse engineer or decompile the Site or any software comprising or underlying the Site; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the Pacific Edge servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Pacific Edge grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pacific Edge reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.

Pacific Edge has the right to terminate or block Your access to the Site, in its sole discretion, immediately and with or without cause.

Intellectual Property Rights

The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pacific Edge and are of significant commercial value to Pacific Edge and its licensors. Content on the Site is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Pacific Edge’s prior written consent. Without limiting the foregoing, You may not use any Mark in a manner that is reasonably considered by Pacific Edge to be a misuse or appropriation of that Mark. Pacific Edge reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.

This Intellectual Property Rights section shall survive any termination of these Terms.

Links

The Site may contain links to third party websites that are not owned or controlled by Pacific Edge. Pacific Edge is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Site, You expressly release Pacific Edge from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.

Pacific Edge permits You to link to materials on the Site for personal, non-commercial purposes only.

Information Description

Pacific Edge attempts to be as accurate as possible. However, Pacific Edge cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Pacific Edge reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility.

Limitation of Liability and Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PACIFIC EDGE, THE SITE (INCLUDING THE CONTENT), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, PACIFIC EDGE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT PACIFIC EDGE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

THE INFORMATION POSTED HERE BY PACIFIC EDGE OR ANY THIRD PARTY IS NOT, AND SHOULD NOT BE CONSIDERED, MEDICAL ADVICE.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PACIFIC EDGE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL PACIFIC EDGE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF PACIFIC EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT PACIFIC EDGE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT, RESTITUTION OR OTHERWISE, SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU TO PACIFIC EDGE, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

YOU AND PACIFIC EDGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Pacific Edge, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; or (ii) Your violation of these Terms. This defense and indemnification obligation will survive these Terms and Your use of the Site.

Assignment

None of Your rights or obligations under these Terms may be transferred or assigned by You, but We may assign or transfer Our rights or obligations under these Terms without restriction.

General

Pacific Edge reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, the Privacy Policy and the relationship between You and Pacific Edge are governed by and construed in accordance with the laws of New Zealand, without regard to its principles of conflict of laws. You and Pacific Edge agree to submit to the personal and exclusive jurisdiction of the courts located in Auckland, New Zealand and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by Pacific Edge on the Site, shall constitute the entire agreement between You and Pacific Edge concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Non-Personal Information

When you use the Site our server, our agent's or contractor's server logs the following information, which is provided by your browser:

a) your server's IP address (a number which is unique to the machine through which you are connected to the Internet) or your personal IP address

b) the type of browser and operating system you are using

c) the domain name of the referring site (e.g. the previous Site that you visited).

The Server also logs:

a) the date and time of your visit

b) the URL address of the pages accessed and the documents downloaded.

This information does not personally identify you. We analyse thisnon-personal information for certain trends and statistics, such aswhich parts of the Site users are visiting.

Personal Information

There are times (such as when you register your interest in Cxbladder)when we need personal information from you, such as your name,postal address or email address, fax and phone numbers, and clinician information.

You may decide not to provide information to us. However, if you donot provide it, we may not be able to provide our Services to you.

You may ask to see any information we hold about you and we willprovide it as long as we have such information and can readilyretrieve it. You may also ask us to correct any information that wehold about you.

Use of your Personal Information

We will only use your personal information for the purpose for whichyou have provided it, unless you consent otherwise or we are requiredby law to disclose it. We do not sell, rent or lease our visitor orcustomer information to third parties. Your personal information willonly be disclosed to those employees who have a need to know.

Where we receive information about your session or about you, we mayuse that information to conduct market research surveys, forstatistical analysis to determine Site usage, to run competitions andfor direct marketing purposes relating to our business, to tailor ourServices to match your needs and improve the Site generally.

Disclosure of information

We may disclose information about you or your use of the Site and/orServices without your prior permission if we believe that such actionis necessary to:

a) conform to legal requirements or comply with legal process, or to help maintain the law

b) protect our rights or property or those of our related companies

c) enforce our Site Terms

d) act to protect the interests of our, or our related companies, customers or others.

Changes to our Policy

We may, at our discretion, update or revise this Policy from time to time. Any changes will take effect immediately once they are posted on our Site. Your continued use of our Services after any changes have been posted on our Site signifies your acceptance of those changes.
Last updated: 17 October 2016