Terms of Service

Last updated: 5 April 2024.

About These Terms

These Terms and Conditions of Service (Terms) apply to your use of the Websites and the Services provided by ThroughLine Limited (we, us or our). Prior to accessing and using the Services, you must accept these Terms. By accessing our Services:

• you agree to be party to these Terms;
• you agree and consent to these Terms and being bound by them; and
• you agree that these Terms will be in effect from the first time you access the Services and will remain in effect until terminated.

We will update and make changes to these Terms from time to time. Please check these Terms frequently to stay up to date with any changes to these Terms. Unless stated otherwise, any change takes effect immediately. By continuing to access and use our Services, you agree to be bound by the changed Terms.

These Terms were last updated on 5 April 2024.

Use of Services

You may use the Services provided you comply with these Terms. We reserve the right to modify, amend or cease our provision of the Services (or any part of them) to you at any time at our sole discretion.

Restrictions on Use

You must not:

1. use the Services for a commercial or business purpose;
2. commercially exploit, sell, license or distribute the Services or any data or any products incorporating the results retrieved using the Services;
3. extract, disassemble, decompile, reverse engineer, translate, creative derivative works or otherwise seek to reveal the operating logic of any part of the Services;
4. conduct, facilitate, authorise or permit any text or data mining or web scraping for any purpose in relation to the Services, or information featured in it. This includes using:
   • any automated analytical technique aimed at analysing text and data in digital form to generate information; or
   • any “robot”, “bot”, “spider”, “scraper”, “AI tool” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or information featured in it;
5. use or permit the use of the Services for the purpose of training artificial intelligence technologies to generate text, including technologies that are capable of generating works in the same style as any part of the Services; and
6. use the Services to derive the source code, underlying ideas, algorithms, structure or organisation, or any similar action, in a manner that facilitates the creation or development of an Application Programming Interface or any functionality of Services. In respect of your access to and use of the Services you will comply with all applicable laws, rules and regulations. You must not use or permit the use (whether directly or indirectly) of the Website and the Services in a way that attempts to circumvent, or is otherwise inconsistent with, your obligations in (and anticipated by) these Terms or for any illegal, unlawful or otherwise improper purpose.

External Links Disclaimer

The Services contain links to other websites or resources, including phone numbers, SMS and WhatsApp numbers, which we do not control (External Websites). Our linking to External Websites does not constitute an endorsement by us, we are simply facilitating your ability to access and seek assistance from third-party service providers. We are providing these links to you as a convenience and you agree that we are not responsible nor liable for the content of any External Websites. Your use of the External Websites is subject to the terms and conditions of use and privacy policies of the External Websites provider.

Intellectual Property

We (and our licensors) own all proprietary and Intellectual Property Rights in the Services.

For clarity, nothing in these Terms confers on you any right or interest in, licence or permit to use any of the Intellectual Property in the Services or any other Intellectual Property owned by us or any of our third party licensors or suppliers, other than in accordance with these express Terms.

Disclaimers on Information

You agree that the use of the Services is at your sole discretion and risk.

We provide you information and access to resources connected with our Services on a general and as is basis, without any representations and warranties (express or implied) of any kind, including as to the completeness, accuracy, reliability or suitability of the information and resources. You accept that any information provided by us is general information and should not in any way be used as a substitute for seeking or obtaining any professional health care, mental health treatment, psychiatric care or therapy of any kind. If you believe you (or the person you are acting for) are experiencing a medical or psychological emergency, you should immediately call your local emergency services. If you are experiencing a clinical or long-term health issue, you should consult a medical professional.

While we periodically review third-party information, we do not warrant the accuracy of the third-party information and data linked with the Services. We are also not liable for any losses suffered by you as a result of your reliance on the Services, third party material or helplines.

We do not represent that the Services are error-free or will satisfy your requirements. To the maximum extent permitted under law, all other warranties, condition and representations, whether express, implied or verbal, statutory or otherwise, and whether arising under these Terms or otherwise, are excluded (including, without limitation, the implied warranties of merchantability, of accuracy and of completeness and fitness for a particular purpose).

Liability

To the maximum extent permitted by law we (including our employees, agents and affiliates) are not liable or responsible to you or any other person and exclude all liability for any harm or damage caused or any actions taken or not taken by you or a third party during, after or as a result of your use of our Services, or any loss under or in connection with these Terms, or your access and use of (or inability to access or use) our Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Your sole remedy against us is limited to breach of contract and we (including our employees, agents and affiliates) will not be liable to you for any claim for breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential.

Our maximum liability to you under or in connection with these Terms (whether in contract, tort or otherwise), as an aggregate in respect of all events and breaches of these Terms, is limited to $100.

Privacy Policy

Please refer to our Privacy Policy here: https://www.throughlinecare.com/privacy-policy

Maintenance, Termination and Suspension

We may, from time to time, perform scheduled and emergency maintenance, modifications, and updates related to the Services, which may result in the Websites and Services being inaccessible to you.

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, for any reason, we may immediately, without notice, at any time and at our sole discretion suspend or terminate your access to our Services. On suspension or termination, you must immediately cease using our Services and must not attempt to gain further access.

Force Majeure

We will not be liable to you for any delay or failure to fulfil any of our obligations under these Terms arising directly or indirectly from any circumstance beyond our reasonable control (including, without limitation, acts of God, flood, earthquake, storm, fire, epidemic, war, embargoes, riot or civil disturbance), provided that we shall use reasonable endeavours to continue to perform our obligations and mitigate the effects of the event.

General

If you encounter any problems whilst accessing the Website or the Services please notify us in writing at [email protected] at your earliest convenience.

The Terms and the provision of the Services provided hereunder will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any disputes or claims arising out of or in connection with the Services.

If at any time we do not enforce these Terms, or grant you time or any other indulgence, we will not be construed as having waived that term or our rights to later enforce that, or any other provision in these Terms.

Definitions

In these Terms:

Intellectual Property means any intellectual property rights, title and interests (including common law rights and interests) in any jurisdiction including:

• patents, trademarks, service marks, copyright, registered designs, trade names, domain names, symbols and logos;
• patent applications and applications to register trademarks, service marks and designs; and
• confidential information, trade secrets and know-how and rights in tools, techniques, computer program code, databases, data inventions, discoveries, developments, trade secrets, information and logical sequences (whether or not reduced to writing or other machine or human readable form).

Services means access and use of our Websites and widgets or API (either of which may be hosted on partner’s website and subject to partner’s terms) for your own purposes the information contained therein.

We, us or our means ThroughLine Limited, our employees, directors and contractors.

Websites means https://www.throughlinecare.com/, https://findahelpline.com and partner-branded websites at https://[companyname].findahelpline.com.