Terms of service

Terms of Service
(Last updated 20 Oct 2020)

Services Offered

  • Digitally-led video or voice standard consultations

  • Standard face to face consultations in our Kingsland clinic

  • Other general practice services detailed on our website

  • Secure messaging with clinicians

  • Personalised reminders for health check-ups and screening programs based on information you have provided and that which is kept by various health agencies (including those maintained by the Ministry of Health, District Health Boards and Primary Health Organisations).

We may change, add or remove services without notice.If you have symptoms such as severe chest pain or breathlessness, heavy bleeding, broken bones, or loss of consciousness call 111 or go to an A&E or Emergency Department immediately.
Hours of Operation
Weekdays Online – 7am to 9pm, Clinic 7am to 5pm
Weekends Online – 8:30am to 5pmIf this is an emergency, call 111 or go to an A&E or Emergency Department immediately.

Access to Information
You will be able to access the following information via the Tend App

  • Consultations notes and Appointment history

  • Prescription history

  • Test results and referral information

  • Your personal details and account information

What we need from you in order to provide servicesWe can only provide the services in accordance with these terms if we are provided with accurate information. When using our service, please ensure that:

  • You follow any instructions given by our Practitioners

  • You follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including respecting use-by dates)

  • You report any adverse or unexpected effects of treatments we recommend to us

  • You store any medicines we give or prescribe you securely and do not allow others (especially children) to use them

  • You inform us if any information that we have about you is, or becomes, inaccurate or incomplete

  • You use our services only for yourself, unless you are helping a child or dependant

  • If you have any concerns about the information we provide or any information in the App or Websites, you contact us via, direct messaging with your clinical team, and/or seek further medical advice

We rely on an accurate record of you in order to provide the best service possible, therefore please ensure that you do not register for Tend more than once. If you feel you may have already registered but can’t access your account, please contact our Customer Support team on hello@tend.nz.In the unlikely event of a technical error on our part, our support team will contact you to rebook your appointment or provide a refund. Our philosophy is to manage your health concerns in an environment of mutual respect. Therefore we ask you to treat our staff and clinicians with patience and respect. If we believe that your behaviour is inappropriate we reserve the right to terminate your appointment. If this occurs you then will be contacted by another member of our team to help resolve your concerns.


Consent

We won't provide any services to you without first giving all the information needed to make an informed choice or these services. If, for some reason, we require your separate, written, consent for a service, your Tend clinician will let you know and we will work through that during your consultation.If you are choosing to use Tend as your regular GP, you will need to choose to enrol with us which, with your consent, will give us access to your previous medical history and notes from your prior GP(s). If you are using Tend on a casual basis, your consent for services will still be required. Additionally, you will be given the option to have the notes from this consultation sent to your regular GP. If, at any point, you feel like you do not understand the information we are providing, or you don't want to continue with a consultation or service, just let us know.More information about your rights and giving consent is available here "Your rights and our liability for services" below.


Eligibility and entitlement to enrol

You choose whether to enrol with us. We may, at any time, request information from you to confirm your eligibility and entitlement to be enrolled with us. If you don’t provide that information, we may disenrol you or register you as a casual user.If any of your personal details change, including but not limited to, your address, information about your immigration status, information about your intention to reside in New Zealand for at least 6 months out of the next 12 months and/or information about your intention to use Tend as your primary GP, these will need to be immediately updated within the App. These details might affect whether you are eligible and entitled to enrol, or stay enrolled, with Tend. If you have any questions about updating this information please contact Customer Support on hello@tend.nz. If you provide inaccurate information to Tend at the time of your enrolment, or your information changes and you do not let us know, you will be liable for any costs we might incur as a result – see the Your Liability section.


Children and our services

If you are under 16 years old and wish to access our services, your parent or guardian can open a Tend account on your behalf which will then be linked to their account (this means that your parent or guardian will normally be able to access your health information). See our Privacy Policy for more information about how we manage health information we collect and hold about children.

Regions we service

Enrolling with us is done via the Tend App. If you would like to enrol with us you must do this though the app and be able to attend our clinic at 317 New North Road, Kingsland, Auckland if this is clinically indicatedIf you are, or are going to be, living outside of New Zealand for at least 6 of the next 12 months you cannot enrol with us (but can receive services as a casual user).

Fees and payments

When you add a new credit or debit card to our App, you may see a $1 pending charge on your bank statement. This is a temporary authorisation charge to confirm the card is valid and is refunded immediately, however bank processing times can vary and the charge may take up to ten days to disappear from your bank statement. At the conclusion of each appointment the fee for your consultation will be calculated based on your enrolment status and the services you were provided. We will issue an invoice and deduct payment from your registered credit or debit card. You must pay Tend after each appointment. If your credit or debit card is declined by its financial institution or fails to process, Tend may attempt the same card again and/or contact you to make alternative payment arrangements. Tend may decline to provide future appointments until all unpaid invoices have been settled. If you are charged an incorrect amount for any appointment, Tend will refund you the necessary adjustment to reflect the correct amount which should have been invoiced. We will refund you by crediting your registered credit or debit card.Tend does not directly collect or hold customer payment card information. All payment card collection, storage and transactions are performed directly by our secure Payment Card Industry compliant third party payment processor Stripe. At no time are full customer card details viewable by Tend. You are liable for all costs associated with debt collection where you default in payment of any invoice.


How we will communicate with you

When registering with Tend you give us the email address and phone number where you wish to receive confirmations, reminders, receipts and other notifications from Tend. In the event your contact details change, you are responsible for updating these within the App or contacting Customer Support on hello@tend.nz for assistance. We may use your contact information to communicate marketing content. You are able to unsubscribe from these at any point.Personal dataFor details about the information we collect about you, how we use it and how it’s shared and stored, please see our Privacy Policy.


Verifying your identity

We may ask you to verify your identity. We do this to ensure that you are entitled to receive publicly funded health services, to protect unauthorised access to your personal health information and to guard against fraud. Our preference is for photographic identification (drivers licence or passport), if this is not available we will accept two other forms of non-photographic identification (eg utilities bill, credit or debit card, birth certificate etc). We are only able to provide prescriptions or referrals elsewhere in the health system (including lab tests and radiology) if we are able to validate your identity to our satisfaction.


Cancellation


You may make any changes or cancel a scheduled appointment up to 24 hours prior to the start of the appointment. If you cancel or reschedule your appointment between two and 24 hours prior to the scheduled appointment time we may charge a 50% cancellation fee. If you cancel or reschedule with less than two hours notice, a 100% cancellation fee may be applied. If you do not attend your scheduled appointment and make no attempt to notify Tend of this, a 100% cancellation fee may apply.


Your rights and making complaints

If you are not happy with any part of your Tend experience, you can make a complaint by contacting our Customer Support team on hello@tend.nz or through secure messaging in the Tend app. You also have rights and we have responsibilities to you as a consumer under the Code of Health and Disability Services Consumers' Rights and nothing we set out in these Terms of Use takes away those rights and responsibilities.If your concern is about an aspect of the health or disability services that we provide, you have a right to complain under the Code of Health and Disability Services Consumers’ Rights. You can make your complaint direct to us by using the link above and you can also access free and independent support to help raise your concerns through the Health and Disability Commissioner’s Advocacy Office (see https://advocacy.org.nz/ or contact on 0800 555 050). More information about your rights and our responsibilities under that Code, as well as your right to complain, is available here. If you have concerns about privacy issues, then please also let us know by emailing it to hello@tend.nz. You can also review our Privacy Policy. If you have a complaint about privacy issues and we do not resolve it to your satisfaction then you can raise your concerns with the Office of the Privacy Commissioner.

Termination

When we may end services or your enrolment
We may terminate or suspend your ability to use the services (including as a casual user), or your enrolment with us (if applicable), at any time if we have a genuine concern that the relationship between you and us or you and any of our health practitioners is severely compromised or for any other reason. We will give you notice of any suspension or termination (including reasons for that suspension or termination) and you will be able to respond to that notice. We will also try to help you find an alternative provider and we will bear in mind our duties to end our patient/clinician relationship responsibly and appropriately, with your needs in mind. If you are enrolled with us, but for any reason you are not entitled or eligible to enrol with us (see Eligibility and entitlement to enrol section), we may immediately disenrol you and instead register you as a casual user. We will end your enrolment automatically if we receive notice that you have died. You may end your enrolment with us and/or close your account at any time by emailing hello@tend.nz. What happens once your account is closedIf your account is closed, either by you or by us, we will continue to hold your information in accordance with our Privacy Policy. You will continue to receive communications from us unless you opt out.Termination of the agreement between us, or ending your enrolment or closing your account, does not relieve either party from any liability that party has up to the time of termination, including any obligation to unpaid invoices.


Intellectual property


We own or are licensed all intellectual property rights in the App, our websites and the services ("Tend Material"). You are only permitted to use the Tend Material for your own non-commercial health purposes, such as to share your health information with your other medical and health professionals. You are not permitted to:

  • Use any Tend logos, branding, trade name or trade marks without our prior written consent;

  • Use the Tend Material for any commercial purposes; or

  • Copy, modify, distribute, reverse engineer or decompile or commercialise any Tend Material.

The Tend Material may include links to other independent third party websites. Third party websites are not under our control and we are not responsible for any content on those websites. You will need to make your own judgment regarding how you use any such websites.Your rights and our liability for servicesIf you are a consumer, then regardless of anything else in these Terms of Use, you will have rights under Consumer Guarantees Act and the terms of the Fair Trading Act. However, subject to your rights under the Consumer Guarantees Act and the Fair Trading Act:

  • We exclude all implied representations, terms, warranties, guarantees or conditions from these terms of use.

  • We are not liable to you under contract, tort (including negligence) or otherwise for any indirect or consequential loss that you may suffer.

  • We are not liable for any loss or damage that arises because you have not followed our instructions or these terms of use.

We may not be able to provide services to you if events happen that are outside of our control. If any events outside of our control occur, then we will notify you as soon as possible and will take reasonable steps to minimise any interruption to our services. We will take reasonable steps to ensure that the information contained in the services or on the App and our website is complete and accurate, but we cannot warrant or guarantee the accuracy or completeness of any information on the App, on our website or that this information is suitable for your intended use.The services, App and our website may contain information provided by third parties and links to third party websites. We do not have any responsibility for the accuracy of that information or those third party websites.Security is a priority for us when it comes to your personal and health data. We’re committed to protecting your data and have reasonable technical and organisational measures in place to make sure that happens. We use a variety of technologies and procedures to help protect information from unauthorised access, use or disclosure. When we store and transmit sensitive information, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, our services are reliant on electronic communications and we cannot always guarantee the security, accuracy or availability of our services.We will comply with our duties under the Privacy Act and the Health Information Privacy Code. Further information about privacy matters is provided in our Privacy Statement.


Your liability


You are responsible for your use of the services and ensuring that the services meet your personal requirements. Subject to our obligations at law and these terms of use, you use our services at your own risk. You are responsible for maintaining the security of your account and devices by keeping your user account Information and log-in details confidential and secure, ensuring you have appropriate biometric and/or passcodes set, and not sharing any such information with any third party. We rely on you to be honest with us and to comply with these terms of use. You agree to indemnify us against all liabilities, losses, claims and expenses that Tend suffers or incurs as a result of your use of the services in breach of the terms of this agreement, including in relation to any misrepresentations, inaccurate, or misleading statements concerning your eligibility or entitlement to receive the services (whether made intentionally or not).


Changes to Terms of Use


Tend may change the terms of use at any time. This could include changes to Tend’s enrolment requirements.


Miscellaneous


New Zealand law applies to these terms and any dispute arising under or in any way relating to these terms will be resolved exclusively by the courts of New Zealand.We may assign or transfer our rights under our agreement with you to another party.If you have any questions on this Terms of Service, you can contact us at hello@tend.nz.