Ovie Terms of Use

 

  1. APPLICATION OF TERMS
    1. These Terms apply to your use of the Services (as those terms are defined below).  By accessing and using the Services: 
      1. you agree to these Terms; and
      2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
    2. If you do not agree to these Terms, you are not authorised to access and use the Services, and you must immediately stop doing so.
  2. CHANGES
    1. We may change these Terms at any time by updating them on the Services.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Services, you agree to be bound by the changed Terms.
    2. We may suspend, discontinue, or restrict access to, the Services without notice or liability.
    3. These Terms were last updated on 5 March 2025
  3. INTERPRETATION

In these Terms:

App means the Ovie mobile application that provides personalised lifestyle guidance.

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Services.

Fees means the applicable fees set out in the Services or as otherwise agreed between you and us, as may be updated from time to time in accordance with these Terms, including any Subscription fees payable for any agreed Subscription Period. 

Force Majeure means an event that is beyond the reasonable control of a party, excluding:

  • an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
  • a lack of funds for any reason.

including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.  Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Loss includes: 

  • any fines, penalties, and punitive or exemplary damages payable by us to any regulatory or other body; and
  • any claim, proceeding, damage, liability, cost (including legal costs on a solicitor and own client basis), and loss of any kind.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

a party includes that party’s permitted assigns.

a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

personal information means information about an identifiable, living person and includes personal data, personally identifiable information and equivalent information under the New Zealand Privacy Act 2020 and includes all health information about an identifiable individual and equivalent information under the New Zealand Health (Retention of Health Information) Regulations 1996 and New Zealand Health Information Privacy Code 2020.

Services means any service provided by us, including the provision of the Website, online consultations, the App , our programmes, a Subscription, podcasts, lessons, modules, plans, recipes, workouts, and any community group or forum made available by us.

Start Date means the date that you set up an account to use any of the Services or first access or use the Services , whichever is the earlier.

Subscription means the purchase of certain Services for a Subscription Period.

Subscription Period means the period of time (e.g. monthly, 3-monthly, or annually) you have selected to receive certain Services.  A Subscription Period automatically renews for the same period of time unless you terminate your Subscription in accordance with these Terms.

Terms means these terms titled Ovie Terms of Use.

Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide the Services, including any third party solutions, systems and networks.

We, us or our means The PCOS Nutritionist Limited, New Zealand company number 6761916.

Website means any and all of the following websites: www.thepcosnutritionist.com, www.eggducated.com and the pcosprotocol.co, www.ovie.io, questionnaire.ovie.io  

you or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

  1. PROVISION OF THE SERVICES
  1. We will use reasonable efforts to provide the Services to you in accordance with these Terms.
  2. It is possible that on occasion the Services may be unavailable, including to permit maintenance or other development activity of the Services and their Underlying Systems  to take place, or in the event of Force Majeure.  We will use reasonable efforts to publish on the Services and/or notify you by email advance details of any material or extended periods of unavailability.
  1. As part of the Services, we may provide access to a community forum (a chat room) for users of the Services, including you.  Your access and use of that forum is subject to these Terms (including, to avoid doubt, clauses 2 and 7) and any additional terms posted by us on that forum.  We are not a party to any discussion, engagement, or other connection between you and other users of the Services, and we have no liability and/or responsibility for anything that happens, or is said, between you and another user.  Other than our obligations set out in these Terms, we are not liable to you for any failure by any other user to comply with these Terms.  While we reserve the right to remove any post or other communication at our sole discretion, we do not actively moderate or screen content before it is posted.  If you have any concern about the content on the forum, please email us at [email protected]. 
  2. You acknowledge that the Website and App may link to third party websites, products, services or feeds that are connected or relevant to the Website and App, including affiliate links.  Any link from the Website or the App does not imply that we endorse, approve or recommend, or have responsibility for, those websites, services or feeds or their content or operators.  To the maximum extent permitted by law, we exclude all responsibility or liability for those websites, services or feeds.  You must obtain our written permission to establish a link to the Website.  If you wish to do so, please email us at [email protected].
  3. If you use an affiliate link to purchase products and services, we may receive a commission on that purchase.  Without limiting the previous sentence, we participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to enable the earning of advertising fees by advertising and linking to www.amazon.com. As an Amazon Associate, we earn advertising from qualifying purchases. 
  1. YOUR OBLIGATIONS
  1. You must provide true, current, and complete information in your dealings with us (including when setting up an account and completing any questionnaire) and must promptly update that information as required so that the information remains accurate and up to date.
  2. If you are given a User ID, you must keep your User ID secure and:
    1. not permit any other person to use your User ID, password or pin code, including not disclosing or providing it to any other person; and 
    2. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, password or pin code, by sending an email to [email protected].
  3. You must use the Services for your personal lawful purposes only and must not copy, reproduce, translate, decompile, reverse-engineer, resell, modify, vary, sub-licence, distribute, disclose, or otherwise deal in the Services, or the information, opinions and content made available to you via the Services, except to the extent expressly permitted by applicable law.
  4. Without limiting clause 5.3, you must not use the Services, or any information, opinions and content made available to you via the Services, for any commercial purposes without our express prior written consent.
  5. You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website, the App or any Underlying System, or otherwise attempt to damage or interfere with the Website, the App or any Underlying System.   Without limiting the previous sentence, you must access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. 
  6. You must neither use the Services in a manner, nor provide, transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
  7. To the maximum extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the Services by using your User ID, password or pin code. 
  1. DATA
  1. You acknowledge that:
    1. we may require access to the Data to exercise our rights and perform our obligations under these Terms, including to provide the Services; and
    2. to the extent that this is necessary, we may authorise a member or members of our personnel to access the Data for this purpose. 
  2. You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 6.1.
  3. To the extent the Data contains personal information, in collecting, holding and processing that information via the Services, we will comply with applicable privacy laws and our privacy policy available at www.ovie.io/privacy-policy.
  4. You acknowledge and agree that:
    1. we may:
      1. use Data and information about your use of the Services to generate anonymised and aggregated statistical and analytical data (Analytical Data); 
      2. use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
      3. supply Analytical Data to third parties;
    2. our rights under clause 6.4a above will survive termination or expiry of these Terms; and 
    3. title to, and all Intellectual Property Rights in, Analytical Data is and remains our property. 
  5. While we will take standard industry measures to back up all Data stored using the Services, you agree to keep a separate back-up copy of all Data uploaded by you onto the Services.
  6. You agree that we may store Data (including any personal information) in secure servers in Australia, New Zealand, the European Union, the United Kingdom, and USA, and we may access that Data (including any personal information) in Australia, the European Union, the United Kingdom, and USA, and New Zealand from time to time.
  7. You indemnify us against Loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
  1. PAYMENT
  1. You must pay us the Fees. 
  2. Unless stated otherwise, the Fees exclude goods and services, value-added, sales or other similar tax, which you must pay where applicable.
  3. Except for a Subscription (where clause 7.6 applies), we may increase the Fees at any time by giving you at least 30 days’ notice.  If you do not wish to pay the increased Fees, you may terminate these Terms in accordance with clause 12.1.  If you do not terminate these Terms in accordance with clause 12.1, you are deemed to have accepted the increased Fees.
  4. You acknowledge that we use Apple, Google Play and/or Stripe to process the payment of Fees.  You authorise Apple, Google Play and/or Stripe (as applicable) to deduct your credit card, bank account or other approved payment facility provided by you for the payment of Fees under these Terms.  
  5. All fees are displayed in the currency determined by your location at the time of subscribing, which may be Australian dollars, New Zealand dollars, US dollars, British pounds, or Euros. If you are signing up from a location outside of these areas, or we cannot detect your location,  the default currency is US dollars.
  6. If you have purchased a Subscription, your Subscription will automatically renew for successive periods of the same duration selected at the time of your purchase unless terminated in accordance with clause 12.  The Fees payable on automatic renewal will be the then-current non-promotional subscription rate at the time of the renewal. Until you terminate your Subscription, you authorise us (or Apple, Google Play and/or Stripe, as the case may be) to charge or debit your payment method at the beginning of each Subscription Period. You acknowledge and agree that by not terminating your Subscription or by your continued use of the relevant Services, we are authorised to charge you as described in this clause. If your credit or debit account has been closed or your payment method is otherwise invalid, your Subscription may not renew and we may terminate your Subscription automatically as of the end of your last Subscription Period. You can find out when your Subscription will renew and manage your subscription in your Ovie app, under ‘Profile’- ‘Settings’- ‘Manage Subscription’.   The date in the portal is listed in UTC timezone. 
  7. We do not provide refunds or credits where you stop using, or partially use, the Services, e.g. where you stop using a Subscription prior to the end of a Subscription Period, provided that we reserve the right to provide a refund if required by applicable law or on a case-by-case basis at our sole discretion.
  8. Users subscribed to any of Ovie’s plans have committed to a minimum of 3 months. They may cancel their subscription prior to the end of the commitment period, subject to a fee equivalent to one month’s service fee. Cancellations must be done through the patient portal or communicated at least 48 hours prior to the next billing cycle to [email protected]. Failure to do so will result in billing for the forthcoming cycle, with cancellation taking effect from the subsequent cycle.
  1. Your Consultations
  1. For customers on the Plus or Premium Plus plans, we will strive to keep you with the same provider throughout your subscription plan. However, in some cases, this may not be possible, so we reserve the right to change your provider. 
  2. By participating in a video consultation with Ovie you consent to the use of an AI service to record notes of the consultation. These notes will be used for the purpose of facilitating your healthcare and may be stored securely for future reference. Your privacy will be protected in accordance with the New Zealand Privacy Act 2020. This means that your personal information will be collected, used, and disclosed only for the purposes for which it was collected, and will be stored securely. You have the right to access and correct any personal information held about you. For more information about our privacy practices, please refer to our Privacy Policy.
  3. Changes to your consultation time must be made at least 24 hours prior to your consultation by using the link in the appointment confirmation email. Consultations cannot be rescheduled within 24 hours, and failure to attend will result in forfeiture of the consultation. We understand that emergencies happen, so customers on the Premium Plus plan have one emergency rescheduling opportunity per 3 months to reschedule their consultation within an hour of their consultation time without forfeiting it by emailing [email protected]. Customers on the Premium plan have one emergency rescheduling opportunity per 6 months.  However, this option is only valid if you notify us at least 1 hour before your consultation time. If you do not provide the required notice and fail to attend the consultation, this emergency rescheduling pass will not apply, and the consultation will be forfeited. 
  4. Consultation No-Show Policy: If you fail to attend a scheduled consultation and do not notify us at least 24 hours in advance, you forfeit the consultation. Please note that the time slot was reserved for you, and our practitioner was available and prepared. As a result, we will not be able to reschedule this consultation for the following week. Instead, your next available consultation will be scheduled in the next regular time slot, typically 3-4 weeks from your missed consultation.
  5. If you book an online consultation, the consultation will be provided via Zoom and only after you have paid the Fees in full for that consultation.  We will notify you of your allocated time slot. If you arrive late to an appointment or choose to finish an appointment early, you will be charged the full Fee, and time cannot be made up outside of the allocated time slot. You must have all the necessary equipment and resources prior to the start time of your allocated time slot, including ensuring that you have downloaded Zoom, and that your equipment, internet connection, and battery power are adequate.
  6. Customers on the Premium Plus subscription are guaranteed the agreed result. If we fail to help you achieve your agreed result, we will refund you the 3 months or subscription at your request. This result must be agreed with your practitioner at your first consultation as achievable within 3 months. Your goals are set every 3 months. If, at the first consultation, your practitioner identifies that we cannot achieve your goal within 3 months and you cannot agree on a realistic goal, you have the right to ask for your subscription to be refunded or downgraded to the standard or Plus plans.
  7. To be eligible for a refund for the Premium Plus Subscription, if you did not achieve the agreed result, you must meet the following criteria:
  1. Attend all your consultations
  2. Complete your Ovie app lessons within 2 weeks of release
  3. Complete the actions set by your practitioner in each of your consultations within the specified time period
  4. Apply for a refund within the 100 days of subscribing
  1. Support between consultations
    1. The level of support provided between consultations depends on the plan you have selected.
      1. standard Plan: Customers on the standard Plan will receive Ovie support for technical and billing assistance.
      2. Plus Plan: Customers on the Plus Plan will receive Ovie support for technical and billing assistance, as well as limited email support throughout the duration of their term. This includes responses to clarifying questions that can be answered within two lines. For more in-depth discussion and feedback, these questions and responses should be addressed during the initial or follow-up consultations included in your plan. During these video consultations, you are free to ask as many questions as time permits.
      3. Premium Plus Plan: Customers on the Premium Plus Plan will receive Ovie support for technical and billing assistance, as well as limited email support throughout their term. This includes responses to clarifying questions that can be answered within one paragraph. For more in-depth discussion and feedback, these questions and responses should be addressed during the initial, follow-up, or biweekly/monthly consultations. Additionally, customers have access to one audio or video response, up to five minutes in duration, to answer longer-form questions between consultations when necessary. These video responses must be used within the month and are non-transferable.
    2. We strive to respond to your support ticket within two business days (New Zealand Time); however, this may not always be feasible, depending on the volume of support tickets. Customers on the Premium Plus plan will receive priority support.
  2. INTELLECTUAL PROPERTY 
  1. Subject to clause 8.2, title to, and all Intellectual Property Rights in, the Services, and all Underlying Systems is and remains our property (including all know-how, information, opinions, content data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel and any enhancement, modification or derivative work).  You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
  2. Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property.  You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms, including to provide the Services.
  3. To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Services.
  4. If you provide us with ideas, comments or suggestions relating to the Services or Underlying Systems (together feedback):
    1. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
    2. we may use or disclose the feedback for any purpose.
  5. We own the trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with our content and the Services . The terms Ovie, Ovie App, The PCOS Nutritionist Ltd, and anything in the Services that identifies or distinguishes us from any other goods and services are our registered or unregistered trademarks (together, Our Trademarks). Except as otherwise permitted by law, you agree not to display or use in any manner Our Trademarks without our prior written consent.
  1. iOS APPS
  1. Where you download, install or use the App on an Apple mobile device this clause 9 applies.
  2. We and you acknowledge that: 
    1. these Terms are between us and you and not Apple Inc. (Apple); 
    2. to the maximum extent permitted by law, Apple has no responsibility or liability in respect of any matter relating to the App or the content made available to you through using the App, including: 
      1. your use or possession of the App or the contents made available to you through using the App; and
      2. the provision of any maintenance or support services for the App;
    3. Apple has no responsibility to address any claims you may have relating to the App or your possession and use of the App, including:
      1. product liability claims;
      2. any claim that the App fails to conform to any applicable legal or regulatory requirement; 
      3. claims arising under consumer protection, privacy or similar legislation; or
      4. any claim that the App, or your possession and use of the App, infringes a third party’s Intellectual Property Rights.
  3. Without limiting clause 9.2, in the event of any failure of the App to conform to any applicable warranty:
    1. you may notify Apple, and Apple may refund the purchase price (if any) for the iOS version of the App; and
    2. to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
  4. You must comply with applicable third party terms when using the App (e.g. your wireless data service agreement).
  5. You acknowledge and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
  6. We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of the terms in this clause 9 and that Apple has the right to enforce the terms in this clause 9 against you as a third party beneficiary.
  1. DISCLAIMERS
  1. To the extent permitted by law, the Services, and any opinion, information, or content made available as part of the Services, has been prepared for the purpose of providing lifestyle guidance and is designed for informational guidance and education purposes only.  Without limiting the previous sentence, you acknowledge and agree that:
    1. we are not professional medical advisors and your use of the Services does not create a relationship akin to a doctor-patient relationship.  You agree that you will not use the Services as an alternative to seeking proper medical advice or attention.  We do not provide information, opinion and content as medical advice, diagnoses, or opinions, nor do we provide it to rectify, treat or cure any specific medical condition, disease, or disability.  You should not rely on our information, opinion or content as a substitute for medical advice or a professional diagnosis or treatment;
    2. if you are being treated for an illness, have pre-existing medical and/or health conditions, are taking medication or are following a course of treatment for your health and medical needs (e.g. a special diet), you must consult your medical advisor before you use the Services to ensure that your use of the Services will not impact on your treatment;
    3. if you suffer a medical or health emergency, you should immediately contact your doctor or your country’s emergency services; and
    4. if any of the information, opinion or content forming part of the Services is inconsistent with any medical or other professional advice you have obtained, you agree to follow the medical or other professional advice, and not our information, opinions and content.
  2. To the extent permitted by law, you acknowledge and agree that:
    1. we make no warranty or representation about the accuracy, completeness, or appropriateness of any information, opinion or content made available on the Services by any third party provider of information.  You acknowledge that we do not endorse, and are not responsible for, the accuracy and reliability of any information, opinion or content made available on the Services by any person other than us; and
    2. any information, opinion or content made available to you through the Services is based on information provided by you, including your answers to any questionnaire, and you are solely responsible for ensuring that the information provided is accurate and up to date.
  3. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
    1. the Services not being operational (in whole or in part) or performing slowly;
    2. any error in, or omission from, any information, opinions and content made available through the Services; and
    3. any exposure to viruses or other forms of interference which may damage your device or expose you to fraud when you access or use the Services.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Services protects you from this.
  4. We make no representation or warranty that the Services are appropriate or available for use in all countries or that the information, opinion or content accessible through the Services satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Services is not illegal or prohibited, and for your own compliance with applicable local laws. 
  5. To the maximum extent permitted by law:
    1. the Services are provided as is and as available without warranty of any kind, either expressed or implied, including any implied warranties of merchantability and fitness for a particular purpose;
    2. all conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to NZD10; and
    3. we make no representation concerning the quality of the Services and do not promise that your use of the Services will be secure, uninterrupted or error free.
  1. LIABILITY
  1. Without limiting clause 10, to the maximum extent permitted by law:
    1. you access and use the Services at your own risk; and 
    2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Services, any information, opinion, or content made available as part of the Services, or your access and use of (or inability to access or use) the Services.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 
  2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10. 
  3. To the maximum extent permitted by law and only to the extent clauses 11.1 and 11.2 of these Terms do not apply:
    1. our total liability to you under or in connection with these Terms, the Services, any information, opinion, or content made available as part of the Services, or your access and use of (or inability to access or use) the Services, must not exceed the total Fees paid by you under these Terms; and
    2. we are not liable to you under or in connection with these Terms or the Services for any of the following even if it was reasonably foreseeable:
      1. loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill; or
      2. consequential, indirect, incidental, punitive or special damage or loss of any kind.
  4. Each party must take reasonable steps to mitigate any loss or damage, cost, or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms.
  1. TERMINATION AND SUSPENSION
  1. Unless terminated under this clause 12 or in accordance with any other termination right set out in these Terms, these Terms and your right to access and use the Services starts on the Start Date and: 
    1. if you have a Subscription, continues for successive rolling Subscription Periods until such time as you cancel your Subscription. You can cancel or manage your subscription If you in your Ovie app, under Profile- Settings- ‘Manage Subscription’- ‘cancel plan’ at least 10 days prior to the renewal date for the next Subscription Period.  
    2. To avoid doubt, your Subscription will remain active until the end of your then-current Subscription Period; and
    3. in all other cases, continues until a party gives at least 30 days’ notice that these Terms and your access to and use of the Services will terminate on the date set out in that notice.
  2. If you have selected a Subscription Period option that includes a minimum initial term, the earliest date for termination will be the expiry of that initial term.
  3. Without limiting clause 2.2 or any other termination right set out in these Terms, either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Services if the other party: 
    1. breaches any provision of these Terms and the breach is not: 
      1. remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or 
      2. capable of being remedied; or 
    2. becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
  4. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
  5. Without limiting any other right or remedy available to us or clause 2.2, we may restrict or suspend your access to and use of the Services, and/or delete, edit or remove the Data if we consider that you have: 
    1. breached these Terms;
    2. undermined, or attempted to undermine, the security or integrity of the Services or any Underlying Systems; 
    3. used, or attempted to use, the Services:
      1. for improper purposes; or 
      2. in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Services; or 
    4. transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading.
  6. On suspension or termination, you must immediately cease using the Services and must not attempt to gain further access.
  7. No compensation is payable by us to you as a result of any suspension of the Services or termination of these Terms and the Services for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
  1. GENERAL 
  1. We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by Force Majeure. 
  2. If we need to contact you, we may do so by email or by posting a notification through the Website or the App.  You agree that this satisfies all legal requirements in relation to written communications. 
  3. These Terms, and any dispute relating to these Terms, the Services, or the Data are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms, the Services, or the Data.
  4. For us to waive a right under these Terms, the waiver must be in writing.
  5. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.7, 6.2, 6.4, 6.7, 8, 10, 11, 12.4, 12.6, 12.7, 13.3, and 13.5, continue in force.
  6. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.
  7. These Terms set out everything agreed by the parties relating to your use of the Services, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Services that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. 
  8. In its sole discretion, Ovie may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Digital Services after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use.
  1. CONTACT US
  1. If you have any questions, complaints or claims in relation to these Terms or the Services, please contact:

Name:  Clare Goodwin

Email:  [email protected]