ZOOM App Terms and Conditions

These terms and conditions (Terms) for the ZOOM mobile application (the App) are issued by New Zealand based ZOOM Health Limited (ZOOM Health) and are effective from 01 January 2018. The App is a mobile application designed to provide patients (you) with a way of ordering and paying for medicines (medicines) prescribed to you by a "prescriber" (being a person who is either an "authorised prescriber" or a "delegated prescriber" as those terms are defined in the Medicines Act 1981 and has been authorised by ZOOM Health) and having the medicines shipped to your address. The App can also deliver relevant information about the medicines, send notifications and reminders to you and your prescriber and record your responses as evidence of your progress. These Terms cover the use of the App and should be read carefully. By downloading or using the App you signify your agreement to these Terms.

PO Box 90685
Victoria Street West
Auckland 1142
New Zealand

  1. INTELLECTUAL PROPERTY, LICENCE AND RESTRICTIONS
    1. ZOOM Health owns all copyright and other intellectual property in the App. Everything on the App, unless otherwise stated, is copyright.
    2. Subject to your compliance with these Terms, ZOOM Health grants you a limited, non-exclusive, revocable, non-transferrable licence to:
      1. access and use the App on your personal device solely in connection with ordering and paying for medicines, receiving information in respect of those medicines and your adherence to those medicines; and
      2. access and use any content, information and related materials that may be made available through the App, in each case solely for your personal, non-commercial use.
    3. Any rights not expressly granted herein are reserved by ZOOM Health.
    4. You may not:
      1. remove any copyright, trademark or other proprietary notices from the App;
      2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as expressly permitted by ZOOM Health;
      3. decompile, reverse engineer or disassemble the App;
      4. link to, mirror or frame any portion of the App;
      5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the App; or
      6. attempt to gain unauthorised access to or impair any aspect of the App or its related systems or networks.
  2. PRESCRIPTION MEDICINES
    1. Your prescriber will provide you with:
      1. Verbal advice on the use of your prescription medicine (also made available to you through the App); and
      2. A review date (which will also be provided to the ZOOM Pharmacy App). The ZOOM Pharmacy App will notify you when the review date is near, and request that you make an appointment with your prescriber. It is your responsibility to make and attend the appointment or to communicate with your prescriber that you do not intend to have a review.
    2. Your prescriber will provide ZOOM Health and the licensed ZOOM Health pharmacy operated by ZOOM Care Limited (ZOOM Care) with your prescription (as acknowledged under clause 4.1 below, you will not receive a hard copy prescription from your prescriber as it is sent directly to ZOOM Care so that medicines may be dispensed and shipped to you through the App). ZOOM Care will only accept prescriptions sent directly from registered prescribers.
  3. YOUR RESPONSIBILITIES AS USER
    1. Use of the App requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the App is your responsibility. ZOOM Health is not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment.
    2. You are also responsible for maintaining the confidentiality of your user identification and password (if any) necessary to access the App. You will not disclose or share your password to or with third parties or use your password for any unauthorised purpose. Any unauthorised use of your user identification or password is your responsibility. You will not use or otherwise export the App except as authorised by these Terms and New Zealand law.
  4. ACKNOWLEDGEMENTS
    1. You acknowledge that you will receive a text invitation to register for the App and you must register and accept these Terms before you can order and pay for medicines and have the medicines shipped directly to you.
    2. You acknowledge and agree that if you use the App to order and pay for medicines prescribed to you by a prescriber you will not receive a hard copy prescription from your prescriber and the details of your prescription (including personal information such as contact details) will be disclosed to ZOOM Care and your local DHB repository and you consent to such disclosure. Note that you may subsequently opt out of disclosure to the relevant DHB repository. To do so, please email help@zoomhealth.co.nz
    3. You agree to the following:
      1. You will make payment in full via the third party payment provider engaged by ZOOM Health (Payment Express) before the Products are dispensed and shipped.
      2. Your responses to reminders in the App and your progress results are recorded in the App and will be shared with your prescriber.
      3. You will inform your prescriber of all medicines (whether prescribed or over the-counter) you are taking prior to the prescriber prescribing any medicines to you. For your safety ZOOM Care needs to know if you have ever experienced an allergy to any medicine you have taken before e.g. swelling, breathing difficulties, rash and/or itch. ZOOM also needs to know if you have ever had an adverse reaction to a medicine e.g. diarrhoea, vomiting, headache. We would like you to call us on 0508966622 and talk to your ZOOM pharmacist so we keep you safe and well.
      4. The ZOOM Care Pharmacist will contact your prescriber if there is any potential interaction with your prescribed medicines.
      5. The ZOOM Care Pharmacist will contact your prescriber if your responses to reminders indicate that you are not taking the medicine(s) as prescribed.
      6. The ZOOM Care Pharmacist will contact you and/or your prescriber if you record an adverse reaction to a prescribed medicine (depending on the severity of the reaction recorded).
      7. That you will answer a short survey about your experience with the App on completion of your prescribed course of the medicines.
    4. You acknowledge and agree that you must contact ZOOM Care directly to nominate your family members in the App database if you believe you are entitled to a family discount for the prescription count.
  5. PAYMENT
    1. The price for medicines and delivery to your delivery address will be the price quoted on the ZOOM Pharmacy App at the time you place an order. ZOOM Health/ZOOM Pharmacy reserves the right to alter prices at any time. Prices quoted on the ZOOM Pharmacy App are in New Zealand dollars and are inclusive of GST.

      When you place an order in the ZOOM Pharmacy App, payment is made via credit card. ZOOM Health currently accepts Visa and MasterCard. The name that will appear on your credit card statement will be ZOOM Care Limited (trading as ZOOM Pharmacy).
    2. Medicines ordered through the App are provided on an "as is" and "as available" basis. If the medicines ordered by you are not readily available, ZOOM Care will contact you to determine whether you wish to wait for delivery of your order. Should you not wish to continue with the order, ZOOM Care will refund the payment in full and you can collect the original hard copy prescription from your prescriber to be filled at the pharmacy of your choice.
  6. DELIVERY
    1. Medicines ordered by you through the App will be delivered by courier to the New Zealand address registered by your prescriber in the App. Please note that:
      1. All medicines will require a signature on delivery. "Authority to Leave" requests are not permitted under any circumstances.
      2. You may change your delivery address in the App or with your prescriber. All delivery addresses must be a physical address in New Zealand. PO Box or Private Bag addresses will not be accepted.
    2. You may choose a NZ Post Parcel Collect location as your delivery address. To use this service you must have a NZ Post account, create a Parcel Collect address and specify that address as your delivery address. When collecting medicines from a Parcel Collect location you, or the person collecting the medicines, must have photo identification and state on request that the sender of the parcel is "Parcel Wings" (the logistics partner of ZOOM Health). More information about NZ Post Parcel Collect can be found by clicking the following link: https://www.nzpost.co.nz/personal/receiving-mail-parcels/receiving-your-parcels/parcel-collect-service.
    3. You acknowledge and accept that any person present at the specified delivery address (including any Parcel Collect location) at the time of the delivery is authorised by you to be your receiving agent for the purposes of accepting delivery of the medicines.
    4. Estimated delivery times provided through the App are only estimates and times will vary. As an indication, delivery times within greater Auckland are typically 1-2 days and for rural addresses and outside Auckland typically up to 4 days.
    5. ZOOM Care reserves the right to refuse or cancel any orders that ZOOM Care believes, in its sole discretion, to be placed for commercial purposes.
    6. ZOOM Care also reserves the right to refuse or cancel any orders that ZOOM Care believes, solely by its own judgement, to have been placed fraudulently.
    7. Risk of loss or damage to any medicines will pass to you upon delivery of the medicines to your delivery address.
  7. LIMITATION OF LIABILITY AND INDEMNITY
    1. To the maximum extent permitted by law, each of ZOOM Health and ZOOM Care:
      1. disclaim all representations, warranties and guarantees (whether express, implied or statutory), including without limitation suitability, fitness for purpose, accuracy or completeness of the App or the content on or accessed through it;
      2. disclaim all representations, warranties and guarantees (whether express, implied or statutory), including without limitation availability, quality, merchantability, suitability or fitness for purpose of any medicines ordered through the App; and
      3. do not accept any liability, direct or indirect, for any loss, damage or expenses of any kind which may directly or indirectly result from your access to or use of the App or the content on or accessed through it or any medicines ordered through it. You are solely responsible for the actions you take in reliance on the content on, or accessed, through the App and the medicines you order through the App.
      4. do not accept any liability, direct or indirect, for any personal injury, harm, loss, damage or expense of any kind directly or indirectly attributable to any adverse reactions you may have as a direct or indirect result of your use of any medicines prescribed to you by your prescriber and/or ordered through the App.
    2. You will indemnify and hold each of ZOOM Health and ZOOM Care, its officers, directors, employees and agents, harmless from and against any claims, actions or demands or liabilities including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms, whether by act omission or negligence, including but not limited to any claims involving intellectual property, trademarks or copyrights.
  8. FAULTY, DAMAGED OR INCORRECT PRODUCTS DELIVERED
    1. All complaints that the medicines supplied do not correspond to the medicines ordered must be made initially by telephone to ZOOM Care within 10 working days after the receipt of the medicines by you. To the extent that the Product you receive is faulty, damaged or incorrect, ZOOM Care will exchange or refund your order.
    2. Please contact ZOOM Care customer services by phone 0508 966 622, or by email:pharmacist@zoompharmacy.co.nzcustomerservice@zoomcare.nz, to arrange a courier to collect the faulty, damaged or incorrect Product.
    3. If no complaint is received within the 10 working day period, you will be deemed to have accepted the medicines supplied to correspond to the medicines ordered.
  9. UNDELIVERED MEDICINES
    1. All complaints that a Product ordered has not been delivered to the specified delivery address must be made initially by telephone to ZOOM Care within 14 working days after the date you placed the order in the App.
    2. Please contact ZOOM Care customer services by phone 0508 966 622, or by email:pharmacist@zoompharmacy.co.nz, to report the undelivered Product for investigation.
    3. If no complaint is received within the 14 working day period, the medicines will be deemed to have been delivered to correspond to the medicines ordered.
  10. JURISDICTION

    These Terms are governed by, and to be interpreted in accordance with, the laws of New Zealand.

  11. CHANGES TO THIS AGREEMENT

    These Terms may be modified by ZOOM Health at any time. ZOOM Health will give you reasonable notice of all changes through the ZOOM Pharmacy App.

  12. PRIVACY POLICY
    1. The ZOOM Pharmacy App enables you to order and pay for medicines through the ZOOM Pharmacy App and have those medicines shipped directly to you. The ZOOM Pharmacy App can also deliver relevant information about the medicines, send notifications and reminders and record responses as evidence of your progress.
    2. 12.2 Security and data/patient anonymity are core features of the ZOOM Pharmacy App. The ZOOM Pharmacy App database holds both prescriber and patient information in a secure and anonymous manner using unique identification numbers. The use of unique identification numbers means that individual patient information held by the ZOOM Pharmacy App can only be used to identify a specific patient by that patient&s prescriber.
    3. ZOOM Health is committed to protecting your privacy: ZOOM Health complies completely with the principles of the Privacy Act 1993. This privacy policy discloses how ZOOM Health gathers information about you and what ZOOM Health does with the information that it gathers.
    4. Will ZOOM Health send you unsolicited messages? No. ZOOM Health will only contact you as described in these Terms, or your prescriber has recommended that ZOOM Health does so.
    5. Will ZOOM Health share your personal information with others? No. ZOOM Health will not sell, lease, or give your personal information to any third party without your consent. However, as acknowledged under clause 4 above, prescription details and the hard copy prescription (which necessarily include some personal prescriber and patient details) will be sent to ZOOM Pharmacy and the ZOOM Pharmacy App to enable fulfilment of the prescription by ZOOM Pharmacy and provision of adherence and delivery services to you through the ZOOM Pharmacy App. As also acknowledged under clause 4, the ZOOM Pharmacy pharmacist is expected to contact the prescriber and/or you (using those personal details) if there is a potential problem with the prescription or adherence. ZOOM Health may share anonymous demographic data but all identifying details will be removed.
    6. What will ZOOM Health do with the personal information you provide? ZOOM Health will ask for and collect a minimum of personal information, in the manner specified in clause 12.9, to provide the ZOOM Pharmacy App. This information will be stored in a secure and anonymous manner on a secure server using unique identification numbers. You can choose to be permanently removed from our database at any time (see clause 12.8 below).
    7. How will ZOOM Health protect the personal information you provide? ZOOM Health takes reasonable steps to ensure personal information is:
      1. protected against loss, damage, misuse and unauthorised access by ensuring that all information you give on the App is stored on a secure server using the unique identification numbers referred to above; and
      2. accurate, up to date, complete, relevant and not misleading.
    8. How can you check your details or be removed from our database? You may check any personal information ZOOM Health holds, correct any mistakes, or ask to be permanently removed from our database at any time by emailing ZOOM Health&s Privacy Officer at: help@zoomhealth.co.nz
    9. How does ZOOM Health collect information from you? ZOOM Health does not gather personal information about you without your knowledge. ZOOM Health will be provided with the details of your prescription (including personal information such as contact details contained in those prescriptions) by your prescriber (and the hard copy prescription will be sent to ZOOM Pharmacy) in order to provide the ZOOM Pharmacy App. You can update your personal information at any time through your prescriber. The ZOOM Pharmacy App records your in-ZOOM Pharmacy App responses to the daily reminders and other information input into the ZOOM Pharmacy App and this information is available to ZOOM Health on an anonymous basis (i.e. it is linked to the patient unique identifier number).
    10. What if ZOOM Health&s privacy policy changes? ZOOM Health may update this privacy statement from time to time. All patients included on the database will be notified by email when and if this occurs and be reminded of the opportunity to be permanently removed from our database.


ZOOM Care Pharmacy Price Match Terms & Conditions

ZOOM Care Pharmacy will match advertised prices that are available to the general public for the selected unfunded medicines listed in the ZOOM Care Pharmacy price list (as amended from time to time) provided that the advertised price must be for an identical medicine (same brand, dose, quantity and quality) (Qualifying Product).

To be eligible for a price match the advertised competitor price must be offered by a competing New Zealand based Pharmacy offering the Qualifying Product for sale online (Competitor Pharmacy). ZOOM Care Pharmacy will not match offers of Qualifying Products by: New Zealand Pharmacies with a retail store only, supermarkets, department stores, online-only retailers (other than online Pharmacies) including (but not limited to) Amazon or Mighty Ape, auction or market place sites like eBay, Trade Me, Grab One, Group on, outlet or pop-up shops and TV shopping channels or any company that is in receivership, liquidation or is for any reason closing down (together, Excluded Competitors). For the avoidance of doubt, Excluded Competitors shall not be considered a Competitor Pharmacy for the purpose of these price match terms and conditions.

ZOOM Care Pharmacy must be able to verify the price and availability of the Qualifying Product and sufficient evidence of the Competitor Pharmacy's advertised price for the Qualifying Product must be provided. The Competitor Pharmacy must have or had the Qualifying Product in stock and available for purchase at the time of the price match claim.

If your claim qualifies for a price match in accordance with these terms and conditions, then ZOOM Care Pharmacy will lower the price of the Qualifying Product by reducing the price at the time of purchasing.

Price matching will not apply if

(a) the lower competitor price is offered by an Excluded Competitor;

(b) the lower price is conditional, or a price determined after the allowance of any amount for, or is part of a promotion involving, delivery, short dated stock, rebates, cash back offer, free or bonus offer, bulk discount, stock clearance or any limited quantity promotion;

(d) the lower price is offered for a bulk purchase;

(e) the lower price is offered under any promotion with a third party (including, but not limited to, promotions with newspapers, exhibitions or other special events);

(f) the lower price is not available to the general public;

(g) the Qualifying Product is advertised in classifieds, commercial resellers or distributors who sell direct to the public, parallel importers, grey importers, direct importers, fire or liquidation sales, rack, clearance and warehouse outlets;

(h) the lower price has been discounted by the Competitor Pharmacy by use of coupons, loyalty rewards, redemption of frequent flyer miles or similar and other offers or incentives to reduce the total cost;

(i) the lower price has been discounted by the Competitor Pharmacy on the basis that the product is: end of line, seconds, limited quantity, clearance, short dated or similar;

(j) the lower price is the result of an error by the Competitor Pharmacy; and/or

(k) ZOOM Care Pharmacy is unable to verify, using reasonable means, the lower price or that the Qualifying Product is available for purchase at that lower price.

How to Make a Price Match Claim
Please make your price match claim before you place an order with us. Call us on 0508 966 622. We will require the following information from you to confirm your Price Match Claim:
  1. Name of the Competitor Pharmacy;
  2. Description of the Qualifying Product (including brand, dose and quantity);
  3. The website address where the price is advertised; and
  4. The price of the product and whether the price is inclusive of anything else (for example, delivery, GST etc).

ZOOM Care Pharmacy Price Match may be terminated or amended at any time without notice.

ZOOM Care Pharmacy Price Match is only available on the date of purchase of a Qualifying Product.

ZOOM Care Pharmacy Price Match is subject to you complying with ZOOM Care Pharmacy’s usual terms and conditions of trade.