Legal

Terms and Conditions

This website is owned and operated by Pacific Health Group (PHG), the legal owner of Habit Health and its related entities, as defined under the Companies Act 1993 ("Group"), with its registered office at P2, 100 Willis Street, Te Aro, Wellington, 6011. 

These Terms of Use apply to this website, and to other websites, domains, and online services that are owned and operated by members of the Group, where those websites link to or reference these terms, whether accessed by you as a guest or a registered user.  

Some websites may be branded as, or operate under, the name of a Group subsidiary.  

By accessing and using any such website: 

  • a) You confirm that you have read, understood, and accepted these terms of use, our Privacy Statement, and all applicable laws and regulations, and agree to be bound by them. 
  • b) Where you are accessing and using the website 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 them 
  • c) If you do not agree to these terms, you must not use our website. 


Your Privacy 

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Statement will apply to that information. Accordingly, these terms and conditions must be read together with our Privacy Statement. 


Changes  

We reserve the right to modify, add, or remove content from this website, or any specific feature, specification, or other part of this website, at any time and without notice.  We reserve the right to change these terms and conditions from time to time by publishing the updated terms on this website.  

Unless stated otherwise, any change takes effect immediately upon publication. You are responsible for reviewing these terms regularly to ensure you are aware of any changes. Continued access or use of this website shall be deemed your acceptance of any revised terms and conditions. 

Definitions

In these terms of use: 

  • ‘Including” and similar words do not imply any limitation. 
  • “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 client basis. 
  • “Terms” mean these legal Terms and Conditions. 
  • “Client”, “you” or “your” refers to the person accessing this website, or if clause Terms and Conditions b) applies, both you and the person or entity you represent. 
  • “The company”, “PHG”, “our”, “we”, or “us” refers to Pacific Health Group (PHG), and its related entities.  
  • “Website” means  any domain, website, or online services that is owned and operated by a member of Pacific Health Group (PHG), and that links to or references these terms.Any use of the above terminology in the or other words in singular includes the plural and capitalisation and vice versa.  


Your Account 

To access certain information and features offered on this website, you may be required to create an account by submitting complete and accurate information and selecting a username and password.  You are responsible for keeping your account details up to date. We reserve the right to suspend or terminate your account, or your ability to use the functions available through this website, at any time without notice.   


Your Username and Password  

Your username and password are personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password, and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.  


Your Use of This Website 

You agree to: 

  • Not use this website for any purpose that is unlawful. 
  • Not engage in any conduct that is likely to impair or cause damage to the operation of this website, whether by way of a virus, corrupted file, or through use of any other software or program.  
  • Not alter, modify, reproduce, transmit, or otherwise deal with the content, software, text, graphics, layout, or design of this website without our prior written approval. 


User Content 

This website enables you to submit information and other user-supplied content (‘User Content’) for purposes such as making an appointment or booking a service. By creating, modifying, transmitting, uploading, or submitting any user content, you:  

  • a) grant us a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide licence to use, publicly display, and make your user content available (excluding personal information) as we see fit. 
  • b) acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above. We have no obligation to you to make this website or any user content available.  
  • c) We reserve the right to edit, refuse to display, or remove any part of this website (including your user content) at any time and at our sole discretion. 


Intellectual Property  

The materials displayed on this website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. All copyright and other intellectual property rights, title, and interest that may subsist in this website, including text, illustrations, photographs, video, music, sounds, layout, designs, source code, are owned by us or our licensors (together, ‘our intellectual property’). Except with our prior written permission, you may not in any form or by any means:  

  • a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or  
  • b) commercialise any information, products or services obtained from any part of this website. 

Feedback and Unsolicited Submissions  

If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas:  

  • a) they will be treated as if they were ‘user content’ in accordance with these terms of use. 
  • b) they will be deemed to be non-confidential. 
  • c) we will not be required to provide any acknowledgement of their source.  

Electronic Communications 

You consent to receiving electronic messages and information sent by us (or on our behalf), including emails, messages, or other forms of communication, for any purposes described in our Privacy Statement. These purposes include, but are not limited to, delivering services, managing your account, providing updates relevant to your care or our services, collecting feedback, and complying with our legal or contractual obligations.  

Where electronic communications relate directly to the delivery or administration of the service that you have engaged us for, these messages may not include a functional unsubscribe facility. This is permitted under 11(2) of the Unsolicited Electronic Messages Act 2007, as these communications form part of our agreed service arrangement with you.  

By continuing to use our website and our services, you agree to be bound by any agreement entered into via electronic communications in accordance with the Electronic Transactions Act 2002 (now within the Contract and Commercial Law Act 2017). 


Disclaimers 

While we endeavour to ensure that the content of this website is current, accurate, and up-to-date at the time of publication, we make no guarantees, conditions, representations or warranties (including expressed or implied) as to the content of material appearing on this website, including its accuracy, completeness, timeliness or fitness for any particular purpose.  

The information provided on this website or via communication on this website is not a substitute for diagnosis, treatment, or advice by a qualified health or fitness professional. People’s bodies and history of injury can vary from person to person and therefore it is recommended that you do not delay seeking professional advice based on content found here.  

We will not be liable to you should you injure yourself after following the tips or advice on this website.  

To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.  

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.


Limitation of Liability 

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.  


Availability 

Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, or delayed for any reason. 



Advertisements 

We do not endorse or recommend any specialists, third-party services, partners, or community programmes advertised on this website. 


Third Party Websites 

This website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality, or decency) of any linked site or any material contained in a linked site. 

 We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.  


Malicious Code 

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code. 


Security 

Although we endeavour to protect the security of your personal information, you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorized access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any outbound hyperlink.   


Governing Law 

These terms of use are governed by the laws of New Zealand, and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.  

These terms of use were last updated July 2025.