Terms and Conditions

Terms of Service Summary: Here’s an attempt at briefly and concisely summarizing some key points of these Terms of Service in non-legal-jargon.

  • You are responsible for using our system in a responsible manner, including uploading only data you should be uploading, abstaining from malicious or illegal behavior, protecting your password, respecting the integrity of the system, and respecting its users and its creators (that’s us!).
  • You can cancel anytime you’d like. If you cancel, we will delete all of your data.
  • As the creators and curators of the system, we can change, add, and remove things, and we can also limit, throttle, suspend, or discontinue your membership if it is deemed necessary.
  • You acknowledge that we cannot guarantee 100% up-time for the service, and we cannot guarantee 100% security of your data (No-one can offer this level of guarantee)
  • You agree that you cannot take legal or medical advice from us and that your use of the service does create a fiduciary relationship or provide you with physician-patient privilege, doctor-patient confidentiality, attorney-client privilege.
  • If you have any questions about this stuffy document, please contact us.
  • Remember to read below for details — this section is not a substitute for the actual Terms of Service, just a brief summary!

 


The following terms and conditions govern all use of the wisheskept.com website (“Service”) and all content, services, and products available at or through the website. The Service is owned and operated by WishesKept Limited (“WishesKept”), a company registered in Auckland, New Zealand. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WishesKept’s Privacy Policy) and procedures that may be published from time to time on this Site by WishesKept (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If these terms and conditions are considered an offer by WishesKept, acceptance is expressly limited to these terms. The failure of WishesKept to exercise or enforce any right granted in the Terms of Service shall not constitute a waiver of such rights, and the Terms of Service at all times constitutes the complete agreement between you and WishesKept, superseding any prior agreements.

General Terms

  1. If you do not agree to these Terms of Service, you must stop using the Service immediately. You may only use the Service upon agreeing to these Terms.
  2. You must be at least 16 years old to use the Service.
  3. Your use of the Service is undertaken at your own risk. The Service is presented “as is” and “as available.”
  4. You must provide a valid name, a valid email address, and any other information requested as a part of the enrollment process.
  5. The security of your password and account name are solely your responsibility. The Service cannot be held responsible or liable for any loss resulting from the failure to comply with this security obligation.
  6. You may not use the Service for any unauthorized or illegal purposes. You may not use the Service in violation of any laws in your jurisdiction.
  7. You are responsible for the all activity that occurs under your account, including posted Content. You are also responsible for all activity and Content posted by others who have access to your account.
  8. WishesKept does not expressly guarantee or warrant that your use of the Service will meet your requirements, nor that your use of the Service will be uninterrupted or free from error. WishesKept does not expressly guarantee that any and all defects in the operation of the Service will be corrected.
  9. Technical support is provided via email and phone, and is available to both trial users and paying users. WishesKept reserves the right to refuse support for any reason.
  10. You acknowledge and understand that WishesKept uses third party vendors and hosting partners to provide the necessary infrastructure (hardware, software, networking, storage, etc.) to run the Service.
  11. Abuse of any WishesKept user or employee (written, physical, or verbal) will result in immediate termination of your membership.
  12. You may not use the Service to transmit any malicious code, such as viruses or worms.
  13. You may not use the Service to store information that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other rights of any other person or entity or violates any law or contractual duty. If a Bona Fide DMCA Copyright Infringement is established, WishesKept will comply by suspending access, or by removing infringing material from your account.
  14. If your usage far exceeds the average of other WishesKept users, WishesKept reserves the right to deactivate your account until a time at which your usage can be restored to more normal levels.
  15. WishesKept cannot be held responsible for any damages, loss, or harm (direct, indirect, incidental, or otherwise) resulting from a lack of access to the Service, the result of any Content stored in the Service or the procurement thereof, unauthorized access to your account, data, or transmissions, or any other matter relating to the Service.

Accuracy of Medical Card Information

  1. You agree that WishesKept is not responsible for the validity or accuracy of any information stored by WishesKept, including health information that appears on a medical card.
  2. You understand that by accepting a card that you have verified and confirmed the accuracy of the information printed on the card before carrying it.
  3. You understand that if you change your PIN code within WishesKept, the code printed on your card will no longer work

Payment and Refunding Terms

  1. A valid credit card is required to maintain an active membership.
  2. The service is billed yearly or 5-yearly in advance and is non-refundable. WishesKept will consider requests for refunds of the latest year’s payment solely at their discretion.
  3. All fees issued by the Service are exclusive of taxes, levies, or duties imposed by the relevant taxing authorities of your jurisdiction. You shall be responsible for any such taxes, levies, or duties.

Cancellation Terms

  1. If you wish to cancel your account with the Service, you are responsible for properly ensuring this cancellation. While the Service may assist you in cancellation in the event of your account via email or phone, an email or phone call is not considered cancellation. Cancellation can be completed at any time by opening your account settings and clicking the button that reads “Cancel your account.”
  2. If you cancel your membership in advance of your billing date for the upcoming year, your credit card will not be charged again.
  3. All of the information in your account is subject to deletion upon the cancellation of your membership. The data cannot be recovered after it has been deleted.
  4. WishesKept reserves the right to suspend or terminate your account at any time and for any reason if it deems such action necessary. Such cancellation will subject your account’s data to the deletion previously detailed. WishesKept reserves the right to refuse service to anyone, at any time, and for any reason.
  5. WishesKept also reserves the right to throttle access or impose limitations on use at anytime for any reason deemed necessary.

Modification Terms

  1. WishesKept reserves the right to suspend or discontinue the Service (or any part of the Service) at any time, and for any length of time, with or without notice.
  2. Prices for the service are subject to change with 30 days notice from WishesKept. Such notice may be provided via wisheskept.com, the Service itself, and/or email notification to the address provided upon registration.
  3. WishesKept is not liable to you or any third party for any changes made to the service, alterations to the pricing of the Service, or discontinuation of the Service.
  4. You acknowledge that the Service is subject to change in form at any time without your prior consent as WishesKept works to improve and innovate upon the existing Service.

Warranty Disclaimer
We have no special relationship or fiduciary duty to you. You release us from all liability, without limitation, for any release of Your Information pursuant to receipt from you of instructions authorizing release to your assigned Guardians or any other person.

We use industry standard (or better) administrative, physical and technical safeguards to protect the security, confidentiality of your Account and Your Information, including without limitation your Secure Information. Nevertheless, we cannot guarantee absolute security, and no security measures are 100% effective and fool-proof. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, FUNCTION, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OF ANY OPINION, ADVICE OR OTHER CONTENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WISHESKEPT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR THIRD PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY OPINION, ADVICE, RESULTS, INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, MATERIALS OR OTHER INFORMATION. NO ADVICE, OPINION, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WishesKept is Not a Licensed Professional
WISHESKEPT IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF WISHESKEPT ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, ATTORNEYS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, ATTORNEY, OR FINANCIAL ADVISOR. WISHESKEPT CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. WISHESKEPT IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING. WISHESKEPT IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.

No protected or fiduciary relationship, including without limitation that of physician-patient or attorney-client, is or will be created with WishesKept by virtue of your use of the Services. Accordingly, while communications between you and WishesKept are protected by our Privacy Policy https://www.wisheskept.com/privacy-policy, they are not protected by physician-patient privilege, doctor-patient confidentiality, attorney-client privilege, or the work product doctrine. Again, WishesKept makes no guarantees, representations or warranties, whether express or implied, with respect to any information or materials presented on or through the Services; and will not be liable to you under any circumstances for any decision made or action taken by you in reliance on any such Content.

Content Terms

  1. All content added to the Service must comply with US copyright law.
  2. You retain ownership of and intellectual property rights over any Content added to your account in WishesKept, in accordance with WishesKept’s privacy policy.
  3. WishesKept reserves the right to remove Content that is available via the Service at its discretion.
  4. You may not copy, sell, distribute, reverse-engineer, duplicate, or otherwise attempt to extract the source code of the Service or any part thereof. All aspects of the Service are copyright ©2017 WishesKept Limited, all rights reserved.

Dispute Resolution
This agreement is governed by the laws of New Zealand. Except as otherwise provided by the rules of imperative law, all disputes arising from the Agreement are submitted to the competent New Zealand court in the district where WishesKept Limited has its registered office

Entire Agreement
If any provision of these Terms and Conditions appears to be invalid, this will not affect the validity of these Terms and Conditions as a whole. In that case, the Parties will establish a new provision (or new provisions) that comes closest as legally possible to expressing the intention of the original provisions.

Questions or feedback regarding the Terms of Service agreement can be directed to WishesKept support at [email protected]

Last Modified : 4 June 2018, 10:32pm