1. AGREEMENT TO TERMS

These Terms and Conditions (the "Terms") form a legally binding agreement between you and Medipoint Limited (NZBN 9429046211170), a New Zealand company ("Medipoint", "we", "us", "our"). They govern your access to and use of our website at medipoint.co.nz, our medical information card products, and any related services (collectively, the "Service").

By creating an account, purchasing a card, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

1.1 Sole Provider

2. DEFINITIONS

"Account" means your registered Medipoint user account.

"Card" means a physical or digital Medipoint medical information card.

"Content" means any text, image, data or other material uploaded by you to the Service, including your medical profile.

"Profile" means the medical profile linked to your Card and accessible via QR code scan.

3. SERVICE DESCRIPTION

Medipoint provides a medical information card service that allows you to:

• create a digital profile containing medical information you choose to provide;
• receive a physical card or digital trial card with a unique QR code linked to your profile;
• allow others (including emergency responders and healthcare providers) to access your profile by scanning the QR code;
• update your profile at any time through your account.

3.1 The Service Is Not Medical Advice

The Service is intended to assist healthcare providers and emergency responders in accessing information you have chosen to share. It is not a substitute for professional medical consultation, emergency services, or any other healthcare service.

You should always seek professional medical advice for medical concerns. In an emergency, call your local emergency number (111 in NZ, 000 in AU, 911 in US, 112 in EU/UK).

3.2 No Guarantees

We do not warrant or guarantee:

• that any healthcare provider, emergency responder or other person will scan your QR code in any particular situation;
• that any person who scans your QR code will read, understand, or act on the information displayed;
• any specific medical, healthcare or emergency response outcome;
• that the Service will be uninterrupted, error-free, secure, or free from loss of data;
• the accuracy of any translation or formatting of the information you provide.

No statement made by Medipoint, its affiliates, partners, agents or representatives constitutes a warranty or guarantee unless expressly recorded in these Terms.

4. ELIGIBILITY

To create your own Account, you must be at least 16 years of age (NZ/AU/EU) or 13 years of age (US, with verifiable parental consent for users under 18 where required by state law). Parents or legal guardians may create and manage Accounts on behalf of minors below the relevant age threshold.

You represent and warrant that you have the legal capacity to enter into these Terms and that all information you provide is accurate and current.

5. ACCOUNT REGISTRATION AND SECURITY

When creating an Account you agree to:

• provide accurate, current and complete information;
• maintain and promptly update your information;
• safeguard the email address used at the time of purchase, which is used for account verification and notifications;
• notify us immediately at admin@medipoint.co.nz of any unauthorised access to your Account;
• accept responsibility for all activity occurring under your Account.

We may, at our discretion, suspend or terminate Accounts that we reasonably believe to be fraudulent, abusive, or in breach of these Terms.

6. MEDICAL INFORMATION

6.1 Your Responsibility

You should review and update your profile regularly, and immediately when there is a material change to your health, medications, allergies or emergency contacts. You acknowledge that out-of-date information displayed via your profile could mislead a healthcare provider or emergency responder, and you accept responsibility for keeping your profile current.

6.2 QR Code Access — Open by Design

You acknowledge and agree that anyone with physical possession of your Card (or knowledge of the QR code) may scan it and view the information in your profile. This is the intended functionality of the Service. No password, login or app is required to view your profile when the QR code is scanned. You should only include information you are comfortable sharing in this way.

6.3 Lost or Stolen Cards

If your Card is lost or stolen, contact us immediately at admin@medipoint.co.nz so we can deactivate the QR code. Replacement cards are available — see Section 10.

7. 14-DAY FREE TRIAL

We offer a 14-day free trial. During the trial:

• you receive a digital version of your Card with a fully functional QR code;
• you have full access to create and edit your profile;
• you receive customer support;
• the trial is limited to one per person.

At the end of the trial:

• your QR code will be deactivated and your information will no longer display when scanned;
• your profile data will be retained for 30 days to allow you to purchase a permanent Card;
• if you do not purchase within 30 days, your data will be permanently deleted.

8. ORDERS AND PAYMENT

8.1 Pricing

Prices are displayed in New Zealand Dollars (NZD) and include applicable taxes (GST in NZ/AU; sales tax may be added at checkout in applicable US states). We reserve the right to change prices at any time, but changes will not affect orders already placed.

8.2 Payment

Payment is required at the time of order. We accept major credit and debit cards through our PCI-DSS compliant payment processor. By providing payment information you represent that you are authorised to use the payment method.

8.3 Sales Tax (US)

Where Medipoint has tax nexus in a US state, applicable state and local sales taxes will be added at checkout.

9. DELIVERY

Physical Cards will be delivered to the address you provide at checkout. Delivery times are estimates only. We are not liable for delays caused by postal services, customs, or incorrect address information. Risk of loss passes to you on delivery to the carrier; for US shipments, risk of loss passes in accordance with the FOB Shipping Point convention unless agreed otherwise in writing.

10. REFUNDS

Due to the personalised nature of our products:

• refunds are available within 14 days of purchase if the Card has not been dispatched;
• damaged or defective Cards will be replaced at no charge;
• refunds are not generally available for Cards that have been dispatched and are functioning correctly;
• replacement cards for lost or stolen Cards may be purchased at a reduced rate.

Nothing in this Section 10 limits any rights you may have under the Consumer Guarantees Act 1993 (NZ), the Australian Consumer Law, or applicable US state consumer protection laws.

11. INTELLECTUAL PROPERTY

All content, trademarks, logos, designs, software and other intellectual property on the Service are owned by or licensed to Medipoint. You may not copy, reproduce, distribute, modify, reverse-engineer, or create derivative works without our prior written consent.

You retain ownership of the personal and medical information you provide. By providing it, you grant Medipoint a worldwide, non-exclusive, royalty-free licence to store, display and process that information solely for the purpose of providing the Service to you.

12. PROHIBITED USES

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• provide false, misleading, or impersonating information;
• create an Account for another person without their consent (or, for minors, without legal authority);
• attempt to gain unauthorised access to our systems, other users' accounts, or the QR-coded information of others;
• interfere with, disrupt or place undue load on the Service or its servers;
• use automated systems, scrapers or bots to access the Service without permission;
• resell, sublicense or commercially exploit the Service without authorisation;
• upload any content that infringes the rights of any third party or contains malicious code.

13. AFFILIATES AND REFERRAL PARTNERS

Medipoint may engage affiliates, referral partners, distributors and resellers ("Affiliates") to introduce prospective users to the Service. Affiliates are independent contractors and are not employees, agents, or representatives of Medipoint.

Affiliates:

• have no authority to make binding statements on behalf of Medipoint beyond pre-approved marketing materials in their approved form;
• have no access to your account, profile or medical information;
• are not authorised to receive, handle or resolve service or privacy complaints on Medipoint's behalf;
• are not parties to your contract with Medipoint and have no responsibility for the Service.

Any complaint, support request or claim relating to the Service must be directed to Medipoint at admin@medipoint.co.nz — not to any Affiliate.

14. THIRD-PARTY SERVICES

The Service may contain links to or integrate with third-party websites or services (e.g., payment processors, postal services). We do not control and are not responsible for the content, privacy practices, or terms of any third party. Your use of those services is governed by their own terms.

15. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law:

• the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or freedom from defects or interruptions;
• we do not warrant that the Service will meet your requirements, or that any defects will be corrected;
• we do not warrant the conduct or response of any third party (including any healthcare provider or emergency responder) to information displayed on your Profile.

Consumer guarantees and statutory rights — NZ: where you acquire the Service as a "consumer" under the Consumer Guarantees Act 1993, that Act applies to the extent it cannot be contracted out of.

Consumer guarantees — Australia: our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to cancel and to a refund for the unused portion, or to compensation for its reduced value, and to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

Consumer rights — US: some US states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts. In such states, the exclusions in this Section 15 may not apply to you, and you may have additional rights. Nothing in these Terms limits any non-waivable right under the Magnuson–Moss Warranty Act or applicable state consumer protection law.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

• Medipoint is not liable for any medical decision, treatment, or response (or failure of any of the same) made in reliance on the Service;
• Medipoint is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, or loss of business opportunity, even if advised of the possibility of such damages;
• Medipoint's total aggregate liability arising out of or relating to the Service or these Terms, whether in contract, tort, statute or otherwise, will not exceed the greater of (i) the amount you paid Medipoint for the Service in the 12 months preceding the event giving rise to the claim, or (ii) NZD 100.

Nothing in this Section 16 excludes or limits liability that cannot be excluded under applicable law, including for fraud, wilful misconduct, personal injury or death caused by negligence, or any other liability that cannot lawfully be excluded.

17. YOUR INDEMNITY

You agree to indemnify and hold harmless Medipoint, its directors, officers, employees and agents from any claim, demand, loss, liability or expense (including reasonable legal fees) arising out of:

• your breach of these Terms or any applicable law;
• the content of any information you provide to the Service;
• your infringement of any third-party right;
• any unauthorised access to your Account that results from your failure to safeguard your authentication email.

18. MODIFICATIONS AND TERMINATION

We may modify, suspend or discontinue any part of the Service at any time, with or without notice. Where the change is material and adverse to you, we will give you reasonable notice and, where required by law, an opportunity to obtain a refund of unused fees.

We may terminate or suspend your Account immediately for material breach of these Terms, suspected fraud, or as required by law. Upon termination your right to use the Service ceases and your QR code will be deactivated.

You may terminate your Account at any time via your account settings or by emailing admin@medipoint.co.nz.

19. FORCE MAJEURE

Medipoint is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, third-party infrastructure failure, or labour disputes.

20. COMPLAINTS

All Service complaints must be directed to Medipoint at admin@medipoint.co.nz. We will:

• acknowledge complaints within 5 working days;
• aim to resolve complaints within 20 working days;
• escalate to senior management if not resolved at first instance.

Affiliates, referral partners and resellers are not authorised to receive, handle or resolve Service complaints on Medipoint's behalf. Any complaint received by such a party will be forwarded to Medipoint for handling.

Privacy complaints are handled in accordance with our Privacy Policy.

21. DISPUTE RESOLUTION — GOOD FAITH NEGOTIATION

Before commencing any formal proceeding, you agree to first attempt to resolve any dispute through good faith negotiation by contacting us at admin@medipoint.co.nz. We will respond within 30 days. Most concerns can be resolved this way.

21.1 New Zealand and Australian Residents

If the dispute is not resolved by negotiation:

• NZ residents: you may refer the matter to mediation through Resolution Institute or the Disputes Tribunal (where eligible). These Terms are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts.
• AU residents: you may refer the matter to mediation through the Resolution Institute or to your state consumer affairs body or fair trading office. Disputes may be brought in the courts of your state of residence or in the New Zealand courts.

21.2 Binding Individual Arbitration — US Residents

(a) Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to these Terms or the Service (a "Dispute") that is not resolved by good faith negotiation will be resolved by final, binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English. The seat of arbitration will be Wilmington, Delaware (or your county of residence, at your election). Judgment on the award may be entered in any court of competent jurisdiction.

(b) Class action waiver. You and Medipoint each agree that any Dispute will be brought solely in your or Medipoint's individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

(c) Jury trial waiver. If for any reason a Dispute proceeds in court rather than arbitration, you and Medipoint each waive any right to a trial by jury to the maximum extent permitted by law.

(d) Small claims and injunctive relief carve-outs. Either party may bring an individual action in a small claims court of competent jurisdiction. Either party may also seek emergency injunctive relief in court to protect intellectual property or confidential information pending arbitration.

(e) Right to opt out. You may opt out of this arbitration agreement by sending written notice to admin@medipoint.co.nz within 30 days of first accepting these Terms. Your notice must include your name, mailing address, email address and a clear statement that you do not wish to resolve disputes through arbitration. Opting out does not affect any other provision of these Terms.

(f) Severability of class waiver. If the class action waiver in (b) is found unenforceable, the remainder of this arbitration clause is also unenforceable, and the Dispute will be resolved in court.

(g) Federal Arbitration Act. This arbitration clause is governed by the Federal Arbitration Act.

22. GOVERNING LAW AND JURISDICTION

NZ residents: these Terms are governed by the laws of New Zealand.

AU residents: these Terms are governed by the laws of New South Wales, Australia (without reference to conflict of laws principles), or such other Australian jurisdiction as Medipoint elects, except that the non-excludable provisions of the Australian Consumer Law apply.

US residents: these Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except that (i) the Federal Arbitration Act governs the arbitration agreement in Section 21.2, and (ii) nothing in these Terms limits any non-waivable consumer right under the law of your state of residence.

EU/UK residents: these Terms are governed by the laws of New Zealand, except that nothing limits any non-waivable consumer right under the law of your country of residence.

23. NOTICES AND ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive communications from us electronically (by email or notice posted on the Service). You agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This consent meets the requirements of the US E-SIGN Act and equivalent New Zealand and Australian legislation.

We may serve notices on you to the email address associated with your Account. You must serve notices on us at admin@medipoint.co.nz.

24. COPYRIGHT AND DMCA NOTICES (US)

If you believe content on the Service infringes your copyright, you may submit a notice under the US Digital Millennium Copyright Act (DMCA) to our designated agent at admin@medipoint.co.nz. Your notice must include the elements required by 17 U.S.C. §512(c)(3), including:

• a physical or electronic signature of the copyright owner or authorised representative;
• identification of the copyrighted work claimed to be infringed;
• identification of the allegedly infringing material and its location;
• your contact information;
• a statement of good faith belief that the use is not authorised; and
• a statement, under penalty of perjury, that the information is accurate and that you are authorised to act.

Counter-notices may be submitted in accordance with 17 U.S.C. §512(g).

25. EXPORT CONTROLS

You may not use, export or re-export the Service in violation of the export control laws of New Zealand, Australia, the United States, or any other applicable jurisdiction.

26. MOBILE APPLICATION TERMS

If you access the Service through a mobile application distributed by Apple Inc. or Google LLC, additional terms imposed by those distributors apply, including Apple's Licensed Application End User Licence Agreement and Google Play's Developer Distribution Agreement. Apple and Google are not parties to these Terms and have no obligation to provide support for the Service.

27. GENERAL PROVISIONS

27.1 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable.

27.2 Entire Agreement

These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and Medipoint regarding the Service and supersede all prior agreements.

27.3 No Waiver

Failure to enforce any provision is not a waiver of that provision.

27.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets, on notice to you.

27.5 Updates to These Terms

We may update these Terms from time to time. Material changes will be notified by email and posted on our website with a new effective date. Continued use of the Service after the effective date constitutes acceptance, except that material changes affecting your rights under the arbitration clause (Section 21.2) require your express acceptance for US residents.

27.6 Survival

Sections that by their nature should survive termination — including intellectual property, indemnification, limitation of liability, dispute resolution and governing law — will survive termination of these Terms.

28. CONTACT INFORMATION