Terms & Conditions
Last updated: 16th April, 2024
Welcome to Pop healthtech. We appreciate your interest in our products and services. Please read these terms and conditions carefully as they outline both your rights and obligations when using our website (www.pop-labs.com) and purchasing our products.
These terms and conditions, collectively referred to as the “Terms of Use” or “Terms,” alongside our Privacy Policy, form a legally binding agreement (the “Agreement”) between you and Pop healthtech and its affiliated companies (collectively, “Pop healthtech”). This Agreement governs your access and use of the website www.pop-labs.com (the “Website”) and the products and services provided by Pop healthtech.
By accessing the Website and/or making a purchase from us, you consent to abide by these Terms, which include any additional terms, conditions, and policies referenced in this document or accessible via hyperlink.
1. Usage of the Website
In agreeing to these Terms through your use of the Website, you assert that you are at least of majority age in your state or province of residence. By using the Website, you confirm that you possess the legal ability to form a binding contract with us, have perused this Agreement, and fully understand and accept its terms.
2. General Conditions and Restrictions
All content on our Website is protected by New Zealand and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You consent not to exploit or try to exploit the Website or any of its products or services in an illegal way. Additionally, you agree to refrain from performing any illegal acts or attempting to carry out any illegal activities on or via the Website. These include, but are not limited to: (1) conducting digital or physical assaults on the Website; (2) posting material that is vulgar, obscene, or slanderous; or (3) committing any other acts that violate the law.
3. Personal Information
The submission of your personal data via the Website and online store is regulated by our Privacy Policy. To access our Privacy Policy, please click on Privacy Policy. We retain the right to periodically update our Privacy Policy. This Agreement includes our Privacy Policy as a referenced component.
4. Accuracy, Completeness, and Timeliness of Information
While we strive to provide accurate and up-to-date information on our Website, there may be information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
The content provided on the Website is intended for general informational purposes only. The Website may include some historical data which, by its nature, is not up-to-date and is shared solely for your reference. The assertions made on this Website have not undergone evaluation by the Food and Drug Administration. While we hold the right to alter the content of this Website at any given moment, we are under no obligation to refresh any information on our Website. You consent to the condition that monitoring changes to our Website falls under your responsibility.
5. Modifications to Website and Prices
We hold the right to change or cease access to the Website (or any portion or content of it) at any moment, without giving prior notice. We bear no responsibility to you or any third party for any alteration, suspension, or termination of access to the Website.
Certain goods or services may only be obtainable online via the Website. These items or services may have limited availability and are eligible for return or exchange solely in accordance with our Shipping & Returns Policy.
We reserve the right to restrict the sales of our goods to any individual, area, or jurisdiction. We may implement this right on an individual basis. All product descriptions or pricing details are subject to alteration at any time without prior notification, based solely on our discretion. Any proposition for any product or service presented on this Website is null and void where it is prohibited.
6. Social Media Interaction.
This section is relevant to all individuals who engage with our social media platforms, which includes comment sections, feeds, and other elements visible on Facebook, TikTok, Twitter, YouTube, Google+, LinkedIn, or any other external third-party social media platforms we may use (“Social Media Presence”).
Social media platforms serve as public forums for information exchange, hence, privacy should not be expected while using them. Specifically, these Terms and our Privacy Policy do not cover our External Social Media Presence. The sites and platforms hosting our Social Media Presence are not under our control and thus have their own privacy policies and terms of use. User comments and opinions expressed on social media are solely those of the users and do not represent the views of Pop healthtech. Comments that may be deemed inappropriate or offensive could appear on our Social Media Presence and might stay there until we identify them or they are brought to our notice and we can go through the necessary procedures and technical processes to remove them. If you encounter an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the respective site or platform following their established reporting procedures.
7. User-Generated Content and Submitted Materials
All information, data, ideas, proposals, concepts, or other content provided by you voluntarily or upon our request, such as queries sent to us via the Website or user-generated content on our Social Media Presence (collectively referred to as “Submitted Materials”), can be utilized by us in any lawful manner. However, any personal information included in these Submitted Materials will be used in accordance with our Privacy Policy. When providing Submitted Materials, you: (a) assert and guarantee that you possess or otherwise have all necessary rights to do so, and that the Submitted Materials are in compliance with all applicable laws; and (b) grant us a royalty-free, global, perpetual, irrevocable, non-exclusive right and license, fully transferable, assignable, and sublicensable, to copy, alter, adapt, publish, translate, create derivative works from, distribute, perform, display, manufacture, sell, export, and otherwise use such material (in whole or in part), and/or incorporate it into other works in any form, media, or technology, whether currently known or developed in the future. We cannot be held accountable for maintaining any Submitted Materials that you provide to us; hence, you should keep copies of all such data and information in your own records.
8. Testimonials, Reviews, and Other Submissions.
Pop healthtech is always eager to receive feedback from customers and appreciates your thoughts on our products and services. Pop healthtech may use testimonials and/or product reviews in whole or in part across any media, along with the name, city, and state of the contributor. By submitting a testimonial, review, or other content, you irrevocably give your consent for Pop healthtech’s use, publication, and distribution of it, and expressly agree not to sue and release Pop healthtech from any and all claims and demands arising out of such activity, including but not limited to, any claims for privacy violations, publicity rights, and/or other intellectual property rights. Pop healthtech reserves the right to correct grammatical and typing errors, edit, modify or delete non-compliant, offensive, or inappropriate language, shorten testimonials before publication or use, and review all testimonials before publication or use. You alone bear responsibility for any communication, message, and/or other content that you share with Pop healthtech. You agree that your testimonial, review, or other submission does not infringe any third-party rights and that Pop healthtech has no responsibility and assumes no liability for any comments posted by you or any third-party.
Please take note of the following:
Testimonials featured on our Social Media Presence, Website, and any other sites owned and managed by Pop healthtech are gathered through text, email, audio, or video submissions. They represent the personal experiences and views of individuals who have used Pop healthtech products and/or services. However, these experiences are unique to those particular users and may not be indicative of the experiences of all our product and/or service users. Results may vary from person to person.
THESE TESTIMONIALS DO NOT NECESSARILY REFLECT THE EXPERIENCES OF ALL USERS OF OUR PRODUCTS AND/OR SERVICES.
The testimonials are presented exactly as they were received except for corrections of grammatical or typing errors. Some testimonials may have been shortened for brevity, where the full testimonial contained extraneous details. All testimonials undergo a review for authenticity before they are published for public viewing.
The thoughts and opinions expressed in the testimonials belong solely to the individual user and do not represent our own views and opinions. While many of our testimonials are provided voluntarily, some consumers were offered compensation to provide an honest review.
No testimonials have been clinically proven or evaluated.
9. External Websites and Third-Party Content.
Our Website may incorporate content from third parties or hyperlinks to external websites. We do not bear responsibility for any such third-party content or websites. We encourage you to thoroughly review the policies and practices of these third parties, ensuring you comprehend them before initiating any transactions. Any issues, claims, concerns, or queries related to third-party products should be addressed directly to the respective third party.
10. Disclaimer of Guarantees
Our website, along with the materials and products it features, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Pop healthtech, its affiliates, and their officers, directors, employees, agents, members, managers, shareholders, and representatives (the “Pop healthtech parties”) disclaim all warranties, whether express, implied, or statutory, regarding the website and products. this includes, but is not limited to, any warranties of merchantability, suitability for a specific purpose, and non-infringement. if you are dissatisfied, your only recourse is to cease using the website and products.
We do not assure, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or free from errors. we do not warrant that the outcomes derived from the use of the website will be accurate or reliable. you acknowledge that we may, at any time, temporarily take down the website or discontinue any product without providing notice to you.
You expressly acknowledge that your use of, or inability to use, the website is at your sole risk.
11. Digital Communications
You consent to us communicating with you electronically, and acknowledge that such communications, including notices, disclosures, agreements, and other correspondences that we send to you digitally, are as valid and legally binding as if they were written documents signed by the sender.
- Liability Protection
To the maximum extent allowed by law, you agree to protect, indemnify, and absolve Pop healthtech and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including reasonable legal fees. This agreement applies if these arise from or are in any way linked to: (1) your violation of these Terms, the documents they reference, or the Agreement; (2) your failure to uphold any representations or warranties in this Agreement; or (3) your infringement of any law or the rights of a third party.
13. Clause Enforceability
If any provision of these Terms is found to be illegal, void, or unenforceable, that provision will still be enforceable to the greatest extent permitted by applicable law. The unenforceable part will be considered severed from these Terms. This decision will not impact the validity and enforceability of the remaining provisions.
14. Term and Termination
If we end this Agreement due to your significant violation, along with any commitments, guarantees, and other duties you’ve made or assumed, will continue to be in effect even after the termination of this Agreement and/or your account or association with Pop healthtech.
15. Entire Agreement
These Terms, the Agreement, and any policies or operational guidelines we’ve posted on the Website or related to the Website represent the full contract and understanding between you and Pop healthtech. This supersedes any previous or simultaneous contracts. Any uncertainties in the interpretation of these Terms or the Agreement will not be interpreted against the party who drafted them.
Contact Us
Should you have any queries related to these Terms and Conditions, please feel free to contact us.