APPLICATION OF TERMS
These Terms apply to your use of the App (as those terms are defined below). By accessing and using the App:
you agree to these Terms; and
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.
If you do not agree to these Terms, you are not authorised to access and use the App, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the App. 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 App, you agree to be bound by the changed Terms.
We may suspend, discontinue, or restrict access to, the App without notice or liability
These Terms were last updated on 9 February 2023
INTERPRETATION In these Terms: App means the Ovie mobile application which 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 App. Fees means the applicable fees set out in the App 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 loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
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 Privacy Act 2020 and includes all health information about an identifiable individual and equivalent information under the Health (Retention of Health Information) Regulations 1996 and Health Information Privacy Code 2020.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Start Date means the date that you set up an account to use the App or first access or use the App, whichever is the earlier.
Subscription Period means the subscription period you have selected.
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide the App, including any third party solutions, systems and networks.
We, us or our means The PCOS Nutritionist Limited, company number 6761916.
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.
PROVISION OF THE APP
We will use reasonable efforts to provide the App to you in accordance with these Terms.
It is possible that on occasion the App may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We will use reasonable efforts to publish on the App and/or notify you by email advance details of any material or extended periods of unavailability.
You acknowledge that the App may link to third party websites, services or feeds that are connected or relevant to the App. Any link from 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.
To the extent permitted by law, you acknowledge and agree that:
we make no warranty or representation about the accuracy, completeness, or appropriateness of any information, opinion or content made available on the App 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 App by anyone other than a person authorised by us while acting in his/her official capacity.
any information, opinion or content provided in the App has been prepared for the purpose of providing information, and is designed for educational purposes only. No information, opinion and content is intended to provide medical advice or is designed to rectify, treat or cure any specific medical conditions or diseases. You should not rely on this information, opinion or content as a substitute for medical advice or professional diagnosis or treatment. We suggest you seek the advice of a healthcare professional, as appropriate, regarding the evaluation of any specific information, opinion or content you obtain through the App; and
any content made available to you through the App 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.
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.
If you are given a User ID, you must keep your User ID secure and:
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
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 firstname.lastname@example.org.
You must use the App for lawful purposes only and must not copy, reproduce, translate, decompile, reverse-engineer, resell, modify, vary, sub-licence, or otherwise deal in the App, or the content and information made available to you via the App, except to the extent expressly permitted by applicable law.
Without limiting clause 5.3, you must not use the App, or any content or information made available to you via the App, for any commercial purposes without our express prior written consent.
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 App or any Underlying System, or otherwise attempt to damage or interfere with the App or any Underlying System.
You must neither use the App in a manner, nor 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.
To the maximum extent permitted by law and subject to clause 11.4, 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 App by using your User ID, password or pin code.
You acknowledge that:
we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
to the extent that this is necessary, we may authorise a member or members of our personnel to access the Data for this purpose.
You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 6.1.
You acknowledge and agree that:
use Data and information about your use of the App to generate anonymised and aggregated statistical and analytical data (Analytical Data);
use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
supply Analytical Data to third parties;
our rights under clause 6.4a above will survive termination or expiry of these Terms; and
title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
While we will take standard industry measures to back up all Data stored using the App, you agree to keep a separate back-up copy of all Data uploaded by you onto the App.
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.
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.
You must pay us the Fees.
Unless stated otherwise, the Fees exclude goods and services, value-added, sales or other similar tax, which you must pay where applicable.
We may increase the Fees at any time by giving you at least 30 days’ notice, provided that where you have selected a Subscription Period option, we may increase the Fees by giving you at least 30 days’ notice before the end of the then-current Subscription Period. If you do not wish to pay the increased Fees, you may terminate these Terms in accordance with clause 12.1b. If you do not terminate these Terms in accordance with clause 12.1b, you are deemed to have accepted the increased Fees.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.
All Fees are stated in the currency you selected at checkout.
Auto-Renewal. Your membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of your subscription or continued use of the app will reaffirm that we are authorised to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically cancelled as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. You can find out when your renewal date is by signing into your portal at https://questionnaire.ovie.io/subscription and selecting ‘manage subscription’. The date in the portal is listed in UTC timezone.
Cancellation of your subscription. You can cancel your Ovie subscription at any time by signing into your portal at https://questionnaire.ovie.io/subscription. Select ‘manage subscription’, and then ‘cancel subscription’. This must be completed before the renewal date to avoid being charged for another period. Once cancelled, your subscription will remain active until the end of your then-current subscription period.
Subject to clause 8.2, title to, and all Intellectual Property Rights in, the App, and all Underlying Systems is and remains our property (including all information, 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.
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.
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 App.
If you provide us with ideas, comments or suggestions relating to the App or Underlying Systems (together feedback):
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
we may use or disclose the feedback for any purpose.
We own the trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with The PCOS Nutritionist Ltd content and the App. The terms Ovie, Ovie App, The PCOS Nutritionist Ltd, and anything in the App that identifies or distinguishes us from any other goods and services are registered or unregistered trademarks of The PCOS Nutritionist Ltd (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.
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:
the App not being operational (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the App;
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 App. To avoid doubt, you are responsible for ensuring the process by which you access and use the App protects you from this; and
any business we may link from or refer to in the App.
We make no representation or warranty that the App is appropriate or available for use in all countries or that the content accessible through the App satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the App is not illegal or prohibited, and for your own compliance with applicable local laws.
To the maximum extent permitted by law:
the App is provided as is and as available without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose;
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
we make no representation concerning the quality of the App and do not promise that your use of the App will be secure, uninterrupted or error free.
Where you download, install or use the App on an Apple mobile device this clause 10 applies.
We and you acknowledge that:
these Terms are between us and you and not Apple Inc. (Apple);
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:
your use or possession of the App or the contents made available to you through using the App; and
the provision of any maintenance or support services for the App;
Apple has no responsibility to address any claims you may have relating to the App or your possession and use of the App, including:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection, privacy or similar legislation; or
any claim that the App, or your possession and use of the App, infringes a third party’s intellectual property rights.
Without limiting clause 10.2, in the event of any failure of the App to conform to any applicable warranty:
you may notify Apple, and Apple may refund the purchase price (if any) for the iOS version of the App; and
to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
You must comply with applicable third party terms when using the App (e.g. your wireless data service agreement).
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.
We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of the terms in this clause 10 and that Apple has the right to enforce the terms in this clause 10 against you as a third party beneficiary.
To the maximum extent permitted by law:
you access and use the App at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the App, or your access and use of (or inability to access or use) the App. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993 (New Zealand) 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.
To the maximum extent permitted by law and only to the extent clauses 11.1 and 11.2 of these Terms do not apply:
our total liability to you under or in connection with these Terms, or in connection with the App, or your access and use of (or inability to access or use) the App, must not exceed the total Fees paid by you under these Terms; and
we are not liable to you under or in connection with these Terms or the App for any consequential, indirect, incidental, or special damage or Loss of any kind.
Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
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.
TERMINATION AND SUSPENSION
Unless terminated under this clause 12, these Terms and your right to access and use the App:
starts on the Start Date; and
continues until a party gives at least 30 days’ notice that these Terms and your access to and use of the App will terminate on the date set out in that notice, provided that where you have selected a Subscription Period option, these Terms and your access to and use of the App will continue for successive Subscription Periods until a party gives at least 10 days’ notice that these Terms and your access to and use of the App will terminate at the end of the then-current Subscription Period
Subject to clauses 7.3 and 12.3, if you have selected a Subscription Period option that includes a minimum initial term, the earliest date for termination under clause 12.1 will be the expiry of that initial term.
Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the App if the other party:
breaches any material provision of these Terms and the breach is not:
remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
capable of being remedied; or
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
Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the App, and/or delete, edit or remove the relevant Data if we consider that you have:
breached your obligations under clause 5
undermined, or attempted to undermine, the security or integrity of the App or any Underlying Systems;
used, or attempted to use, the App:
for improper purposes; or
in a manner, other than for normal operational purposes, that materially reduces the operational performance of the App;
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; or
otherwise materially breached these Terms.
On suspension or termination, you must immediately cease using the App and must not attempt to gain further access.
No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by Force Majeure.
If we need to contact you, we may do so by email or by posting a notification through the App. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the App, 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 or the App.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.7, 6.7, 7.1, 9, 10, 11 and 13.1, continue in force.
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.
These Terms set out everything agreed by the parties relating to your use of the App, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any .
The app may contain affiliate links for some products and services . This means that if you use an affiliate link to make a purchase, we may receive a commission on that purchase.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sale.
- Health and medical services disclaimer:
If you have any questions, complaints or claims in relation to these Terms, the App, and your possession or use of the App please contact:
We do not provide professional medical services or advice, the services provided by the website and/or mobile app do not contain or constitute and should not be interpreted as, medical advice or opinion. No doctor- patient relationship is created, use of the services is not for medical emergencies. If you think you have a medical emergency, call your countries emergency response line.
a. No Doctor-Patient Relationship. Any and all services provided by, in and/or through the Services are for informational purposes only. Ovie is not a medical professional, and Ovie does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for a doctors consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
Your use of the services does not create a doctor-patient relationship between you and any of the Ovie parties (including, without limitation, coaches or any of the Ovie service users).
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health making any changes, including but not limited to exercise, diet, supplement, medication or anything else referenced or discussed in Ovie.
If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the any of our services.
You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention.
You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
b. Ovie premium upgrade services. As an Ovie user, you have the option of upgrading to ask a question or for a video consultation with an Ovie expert.
An Ovie Expert will assist users in developing skills to help them achieve their health related goals. Ovie may, in its sole discretion, engage or replace any Ovie Expert with another without notice to Ovie users.
Ovie experts are all degree qualified nutritionists. Ovie experts cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from your doctor.
Name: Clare Goodwin