WEBSITE TERMS OF USE

Welcome to the Anesthetic Pro website. This website (www.anaestheticpro.com) (the Website) is provided to supply information on the Anesthetic Pro Services, related downloads, software products and support services.

Customers are also given the option to purchase licences to the Anesthetic Pro products using secure online payment.

Company Information

Quiva is the trading name of Quiva Limited a registered company in New Zealand. The company’s registered office is 32 Wynyard St, Normanby, New Zealand. Anesthetic Pro is a trademark belonging to Quiva Limited.

Terms and Conditions

These terms of use (“Terms”) are intended to explain Anesthetic Pro’s obligations as a service provider and your obligations as the customer (the “Customer”). By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by, and comply with these Terms. Please read them carefully.

These Terms were last updated on 14th October 2014 and are subject to any other agreement that you may enter into with us (including without limitation any agreement other than these Terms relating to a licence).

These Terms also cover your right to use the Anaesthetic Pro software program as detailed on the Website (“Software”).

Licence

Quiva agrees, subject to you completing the purchase process available via the Website, to make a copy of the Software available to you and to grant you a license to use the Software and to provide support services for the Software for 12 months (the “Term”). Unless otherwise agreed between the parties, the license is granted on the following terms:

You agree that you are not entitled to a license to use any new versions of the Software, only updates to the software that you purchase in the first instance. Should you wish to obtain a license to a new version of the Software, you must purchase that new version from Quiva.

In consideration for the above licence and support, when you complete the purchase process, you must pay to Quiva the subscription price as listed on the Website.

Upon expiry of the Term, your right to use the Software shall terminate. However, you may pay for a further licence and follow the renewal process set out on the Website to obtain a further (or successive) licence for a further term of 12 months for the same or a later version of the Software.

You agree to install any software necessary for you to operate the Software and that you are responsible for maintaining your computer system (“System”) and ensuring that your System supports the operation of the Software.

You agree that your license is a limited non-exclusive, license to use the Software and to install the Software on your System.

Quiva will provide bug fixes and other basic support for the Software between normal business hours.

Quiva retains all rights including all intellectual property rights in the Software (including without limitation copyright, trade marks, patents and other proprietary rights).You must not do anything that detriments such rights including without limitation, reverse engineering the Software or developing a competing product.

Quiva may terminate the license at any time for any reason upon giving 7day’s written notice to you.

In the event that you enter into a formal agreement setting out the terms of your license to the Software, the terms of that agreement shall supersede the above license terms.

Ownership of Information

By entering the Website you acknowledge and agree that any intellectual property contained on the Website or relevant to the Software (IP) is owned or licensed by Quiva and you may not use such IP without prior written approval except as expressly granted in this section or to you specifically in writing. Any unauthorised use of the IP may subject you to penalties or damages, including but not limited to those related to violation of trade marks, copyright and confidentiality.

Any software which you download from the Website is governed exclusively by the licence terms noted above or accompanying the Software. By downloading the Software you agree to abide by the terms of the licence and any copyright or legal notices distributed with the Software. Any reproduction or redistribution of the Software not in accordance with the licence terms is expressly prohibited.

Although the Website may be linked to other sites, Quiva is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked website, unless specifically stated therein. The links are provided to inform Website users. By entering the Website you acknowledge and agree that Quiva has not reviewed all the sites linked to the Website and is not responsible for and does not control the content of any off-Website pages or any other site linked to the Website and is not liable for any loss or liability resulting from the use of information contained in those linked websites.

Support

Quiva may offer paid support services in accordance with the licence terms or if mutually agreed in writing. Even if Quiva does its best to provide you high quality support services you may not receive responses for support requests immediately and there is no maximum period of time to receive such responses, unless otherwise specified in a License Agreement. Quiva does not warrant that every request will have a positive and expected response.

Purchasing From www.anaestheticpro.com

Products and services displayed on the Website (including the Software) can be purchased online.

Customers can be confident that all of their details are protected by the reasonable security mechanisms and are used only for purposes of the transaction.

All prices are in NZ dollars (NZD) and are correct at time of publication; however Quiva reserves the right to alter prices at any time for any reason.

Delivery

Order confirmation automatically delivered via email and records of previous transactions are available from the Website once securely logged in as a Customer.

Cancelling Orders / Refunds

Quiva does not offer refunds unless required under law. The value of any refund will not exceed the complete value of the purchase, minus any costs related to the purchase process including but not limited to payment fees and to the costs of providing the refund.

Disclaimer

The information provided on the Website is provided without any warranty or guarantee of any kind. All care is taken to ensure that the information provided is accurate and reliable, however Quiva will not be liable for any loss or damages arising from either the use of the Website or from information provided on the Website.

The contents of the Website are subject to Quiva’s proprietary rights including without limitation copyright. The content of the Website is not to be copied or distributed for any purpose. The content of the Website is not to be replicated in any publication (in any form) without Quiva’s consent. The Website contents may be printed for the Customer’s own personal use.

Quiva takes no responsibility for your use or misuse of the Software and accepts no liability for losses that you or any third party may suffer as a result of your use of the Software. The doses and other recommendations provided via the Software are to be used as guides only and you should apply your own expert knowledge in the area to ensure that the dose and treatments are in line with best practice.

This Policy May Be Updated From Time To Time

Quiva reserves the right to change these Terms at any time and any amended Terms will be posted on this Website. You are deemed to have accepted any variation to these Terms so posted on the Website.

Privacy

We take customer confidentiality and privacy seriously and only use information shared with us for the sole purpose of running and improving our services and informing you of our services and improvements. For more information see our privacy policy.

Applicable Laws

This Agreement shall be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.