Optimum Bio Sound Therapy Limited

Subscription Agreement

24 January 2023

Introduction: The Optimum Bio Sound Therapy Subscription Agreement (“Agreement”) is a legally binding contract between the person (hereinafter “You” and/or “Your”) applying to subscribe to Optimum Bio Sound Therapy (“OBST”) (hereinafter referred to as “Service” or “Subscription”), and Optimum Bio Sound Therapy Limited (“OBSTL”) (hereinafter referred to as “We” and/or “Us”). By subscribing to the Service, You hereby expressly agree to all the terms of this Agreement as set forth below. 

Replacement agreement: This Agreement supersedes and replaces any agreements between Us and people who became OBST users prior to 1 October 2022.  Regardless of anything in this Agreement, those users own, and will continue to own, the tablet used for the Service that is in their possession at the date of this Agreement.

Service Description: The Service delivers a proprietary modulating range of inaudible ultra-low frequency sound waves delivered to an OBSTL software-integrated tablet, owned by OBSTL and provided for Your use (hereinafter referred to as “Approved Tablet”).  The Service will only function as intended if installed and operated according to instructions and with the components supplied by OBSTL, including but not limited to the ethernet cables, ethernet to USBc adaptor, and earbuds.  The Approved Tablet connects to a secure OBST Virtual Private Network (VPN) accessed by Your home broadband connection.  You remain responsible for ensuring that You only use a stable land-based home internet service.  OBST is not compatible with cellular internet, Wi-Fi, or DSL broadband.

Subscribing to the Service:   You must be at least 18 years old to subscribe to the Service and reside in New Zealand, the United States or Canada.  In order to apply for a Subscription, You must submit a completed application form, including payment details, and pay the Software Integration Fee and Subscription Fee (defined at clause 6.1 below).  

The Service is capped at a maximum number of Subscribers and from time to time, We may need to decline applications in order to avoid exceeding that maximum. If We decline Your application, We will notify You and refund the Software Integration Fee and any Subscription Fee You have paid as soon as practicable.  

Subscription Term: The subscription term will begin when Your application is accepted.  Your monthly subscription billing will begin 7 days after the delivery of your Approved Tablet is verified by shipper tracking and then monthly thereafter.  Subject to the cancellation rights set out in this Agreement, Your Subscription will renew on a rolling monthly basis for as long as You pay the applicable Monthly Fee.

Fees: The most up-to-date fees for the Service are set out on our website at https://www.optibio.com.  By applying for a Subscription to our Service, You hereby expressly agree that You will be bound by the most up-to-date fee schedule and any updated terms and conditions as set forth on our website.  Our current fee schedule is stated below and is subject to change immediately on notice from OBSTL:

A one-time Software Integration Fee of $997.00 USD (plus applicable delivery fee and local taxes) is charged at the time of acceptance of Your Subscription application, and covers the configuration of the Approved Tablet, as well as the other OBSTL provided components required to use the Service (“Required Components”), which We will send to You.  While the Approved Tablet is in Your possession, it remains the sole property of OBSTL.  The Required Components will belong to You from the time they are delivered to You.  Upon cancellation of Your Subscription, You may opt to purchase the Approved Tablet in accordance with clause 15.2.

OBSTL will provide three (3) pairs of approved earbuds to You to be used exclusively with the OBST Service and the Approved Tablet.  After 100 hours of use, the earbuds will stop delivering the Service effectively.  In order to receive the benefit of the Service functioning as intended after that,  You will need to start using a new pair of approved earbuds. You may purchase a replacement package of approved earbuds from OBSTL at the then current price listed on our website (plus applicable delivery fee and local taxes).

Monthly Fee:  OBST is an online subscription service priced at $197.00 USD monthly (plus local taxes) (“Monthly Fee”).  Your monthly subscription billing will begin 7 days after the delivery of you Approved Tablet is verified by shipper tracking and then monthly thereafter.

 The Monthly Fee entitles Subscribers to ONE HUNDRED AND EIGHTY SIX (186) hours of use of the Service per calendar month. We may charge Subscribers for any excess use at the rate of $1.50USD per hour or part thereof (plus local taxes).

Subscription Period: There is no time commitment beyond the current THIRTY (30) day billing cycle (“Subscription Period”), and You can cancel at anytime for any reason.

Your Card: You agree that we may charge all applicable fees to Your provided card, that We may disclose Your card details to, and obtain information from, any financial institution or card issuer to verify the card details, and that we may take steps to verify that there are sufficient funds available in Your account to meet the fees due.

Postponement: You may place Your subscription on hold for THIRTY (30) days (i.e. temporarily halt Your subscription to the Service without billing) once during each TWELVE (12) calendar month period that You subscribe to the Service.  

Using the Service: The person who subscribes to the Service is the registered user and subscriber on record; how You elect to utilize the Service is at Your sole discretion, provided that You must always use the Service in accordance with this Agreement, the instructions as provided on our website and the applicable user guide(s).  OBST is intended for personal in-home use only.  While You are subscribed to the Service, You must not: 

• use the Service anywhere other than Your registered residential address.  OBST is intended to be an at-home therapy, with very specific requirements for setup in order to function as intended.  OBST cannot be temporarily ported between locations due to the specific requirement of the setup;
•  distribute, transmit or resupply the Service to any person;
•  copy, edit, modify, reproduce, create derivative works from, alter or adapt the Service or any portion thereof; 
• use the Service for any commercial purposes or any purpose other than Your own private domestic use at the registered home location address; 
• attempt to damage, interfere with or harm the Service, or any network or system underlying or connected to it;
• attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any security or technology used in relation to the Service;  
• use the Service in breach of the law or to engage in any illegal activities;
• disclose Your username or password to any person; or  
• permit, assist, or encourage any other person to use the Service in a manner contrary to this Agreement or any other Agreement with OBSTL.  

Using the Approved Tablet: Without limiting any other provision of this Agreement:

• You must keep the Approved Tablet safely under Your control (and not part with it), not damage it, and not modify it without our permission;
• We are responsible for maintaining the Approved Tablet in good working order, but You are responsible for any other loss of or damage to it.  You should tell Us immediately if there are any issues with the Approved Tablet;
• We may replace the Approved Tablet at anytime, and You must cooperate with Us if We ask to replace it.  We communicate with Approved Tablets remotely sometimes, e.g. to download updates or retrieve information from it;
• You must give Us reasonable access to the Approved Tablet to maintain and replace it, or to repossess it (when Your Subscription ends and You have not provided Us with notice that You wish to purchase the Approved Tablet and/or where We have reasonable grounds to believe that the Approved Tablet is being used contrary to this Agreement.

Intellectual Property: OBST, and all intellectual property and other rights in and to the OBST belong to Optimum Bio Innovations Limited, of New Zealand (“OBIL”).  We are authorized by OBIL to grant You a limited license to use OBST in Your own home, solely during the active Subscription Period and solely in accordance with this Agreement and our other instructions.  All other licenses are hereby expressly excluded.  To ensure these policies are followed, You hereby acknowledge and expressly accept that geolocation software or other technologies may be used by Us to confirm the delivery location of the Service.  

Cancellation on notice: You can cancel Your Subscription to the Service at anytime by giving Us written notice.  A cancellation will take effect at the end of the current Subscription Period in which the notice was given.  Notice must be received at least five business days before the monthly expiry date.  Saturday and Sunday are not considered business days.  

Cancellation or suspension without notice: We may cancel Your Subscription to the Service immediately at anytime by giving You written notice, or suspend or restrict Your use of all or any part of the Service if:  

•  It is reasonably necessary to do so for operational, security, or technical reasons (including but not limited to maintenance or upgrades of the Service);   
•  We believe on reasonable grounds that You or any other person using Your account (with or without Your knowledge) are using the Service in breach of this Agreement or applicable laws; or  
• You do not pay applicable fees to Us when due.  

Consequences of cancellation:  On cancellation of Your subscription to the Service:  

• You will no longer be able to connect to the OBST Service; 
• You may elect to purchase the tablet from OBSTL for a nominal fee of $5.00 USD (plus local taxes). To do so, please provide written notice to Us.  If You elect to purchase the Approved Tablet, You agree that it is being purchased on an “as is” basis and “where is” basis and that it will be remotely factory reset by OBSTL for Your personal use; 
• If You do not provide Us with written notice that You wish to purchase the Approved Tablet within 5 business days, the Approved Tablet will not be factory reset, and You must return the Approved Tablet to Us within 30 days of Your Subscription cancellation, or as otherwise directed by Us. 
• Any rights, obligations (e.g. to pay any charges) or liabilities that accrued up to the date of cancellation will not be affected, and clauses 12, 14 – 16, 22- 25 (and any provisions required to give those clauses meaning or effect) , will continue to be in effect.

New Subscription:  If Your Subscription is cancelled, You may reapply for a new Subscription (subject to clause 4.2 and our right to decline any application submitted by a person who has previously breached this Agreement or a previous agreement with Us).

If You elect to apply to for a new Subscription, and We accept that application, You will be charged the then current Software Integration Fee (plus applicable delivery fee and local taxes), and We will ship You a newly configured Approved Tablet and Required Components.

Changes: We may change or withdraw the Service or change the terms of this Agreement at anytime where necessary for legitimate business reasons.  We will give You reasonable advance notice of any such change that will have a material impact on You.  Any such change will not take effect until the end of Your current Subscription Period, except:

• We can make emergency changes to the Services immediately and without notice for security reasons; and
• We may make changes for implementing updates, upgrades, and changes to our system.  For example, as We progress to other platforms, there may be a requirement to upgrade and interrupt the Service.  We try to do this at a time that will create minimum impact.  

Collection of Information:  By applying for a subscription, You agree to the OBSTL Privacy Policy and Testimonial Disclosure www.optibio.com/policy.  We comply with applicable privacy and data protection law in relation to the personal information We collect about You.

Warranties about the Service: We will provide the Service with reasonable care and skill and in a manner that complies with all applicable legal, professional, ethical and other relevant standards. Subject to the foregoing, and to the extent permitted by law, We do not make any claims or give any warranties, express or implied, in relation to the Service. In particular (but without limiting the previous sentence), We do not represent that the Service will have any particular or specific effect or impact on You or provide You with any particular outcome or benefit.

Warranties about the Approved Tablet and Required Components: We do not offer any specific warranties (express or implied) relating to the Approved Tablet and Required Components (although We will meet our obligations under applicable consumer protection legislation).

Availability: We try to make sure that our Service is reliable and gives a great user experience, however, because of the technology involved and our reliance on networks, services, and equipment that We may not directly own or control, We cannot promise or warrant that the Service will always be available, fault-free, or function as desired or intended. If You notice a fault with the Service, please let Us know and We will try to fix it but please be aware that:  

• We may have maintenance windows during which We may not be able to provide the Service to You.  We will apply our best efforts to keep maintenance windows to a minimum and to schedule maintenance at low-demand times; and
• Although We use industry standard security tools, the internet is never completely secure and We do not guarantee security.
• Information: You acknowledge that You have read and understood the website that describes the Service and includes an assessment of the expected risks, any side effects, and benefits of the Service and have been given an opportunity to ask any questions You may have about the Service.
• Other assistance: If You have a new or ongoing concern about Your condition, please seek advice from a registered health practitioner (for example, Your GP or specialist).

Liability Release And Indemnification: To the extent permitted by law:  Neither OBSTL nor any of its affiliates shall have any liability for any damages, loss, costs, or expenses (including reasonable attorney’s fees and expenses of litigation) relating to or arising out of this Agreement or the Service, including for any  indirect, incidental, special consequential, or exemplary damages (such as lost profits, business interruption or loss of business information) whether contract, tort (including negligence), under statute or otherwise. Without limiting the foregoing, We will not be responsible for:

• any loss, damage or injury caused by viruses, bugs, trojans, or other malicious code; 
• any loss, damage or injury You or another person suffer in connection with the Service that is caused by something or someone outside our reasonable control;
• any loss, damage, or injury You or another person You have allowed to use the Service may incur including as a result from not following Service instructions of Service use;
• any data charges You incur in using or attempting to use the Service (including when it is unavailable);
• any damage, loss or injury that You or another person suffer that is caused by You or a third party;
• personal complications or effects arising from (but not limited to) existing or new illness, infections (viral or bacterial), interactions of medicines/vaccinations (prescribed or not prescribed), treatments (medical or holistic) or lifestyle decisions; or
• any other damage, loss or injury that is not reasonably foreseeable.

You hereby waive any present or future claims of any kind which You may have against OBSTL and its affiliates.

You hereby agree to indemnify, defend and hold harmless OBSTL and its affiliates, their officers, directors, employees, agents, licensees, successors, and assigns (collectively, “Indemnified Parties”) from and against any liability, losses, judgments, settlements, damages, costs, and expenses (including reasonable attorney’s fees and expenses of litigation), resulting from any claim against an Indemnified Party by a third party that relates to You breaching Your intellectual property related obligations hereunder.

Liability Cap: You agree that, except for any liability that cannot be limited by law, our total aggregate liability to You, whether in contract, tort (including negligence), under statute, or otherwise relating to or arising out of this Agreement or the Service will be limited to a refund of one Monthly Fee.  You acknowledge that this limitation of liability is fair and reasonable, and that if it was not included in this Agreement, the Monthly Fee would be higher.

Events outside of our control:  If an event that is beyond our reasonable control (e.g. an earthquake) stops Us from providing the Service or otherwise performing our obligations to You, We will not be liable for that non-performance. However, We will:

• do our best to keep You informed about what has happened and how long We expect the event (and its impact) to last; and
• take reasonable steps to keep performing where We reasonably can.

Assignment/Transfer: We hereby reserve the right to transfer and/or assign this Agreement to another company, firm, or person so long as this does not affect Your rights under this Agreement.  You hereby acknowledge that You will not transfer Your rights or obligations under this Agreement to anyone else without our prior written consent.

Notices: Any notice or other communication required under this Agreement from Us to You may be made by email to the email address You provided to Us on Your application form or by publishing a notice on our website.  Any notice or other communication under this Agreement from You to Us must be sent by email to the following email address:  [info@optibio.com].  All notices and communications made under this clause must be in writing. Notices and communications will be deemed in the case of delivery by email, at the time specified in the email transmission which was not returned as undeliverable or as containing any error.

Governing law: This Agreement is governed by and construed and interpreted in accordance with the laws of New Zealand and You and We submit to the jurisdiction of the New Zealand Courts.    

Dispute Resolution:  You hereby agree that any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to, and finally determined by arbitration in accordance with the JAMS International Arbitration Rules.  The Tribunal will consist of three arbitrators.  The place of arbitration will be Auckland, NZ.  The language to be used in the arbitral proceedings will be English.  Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  You hereby agree that the Party which obtains an award in its favour shall be entitled to recover reasonable costs and expenses incurred in presenting its claim in arbitration.  You hereby agree that any arbitration award shall be in all ways final and confidential.

Severability: If any part of this Agreement is found to be unfair or unenforceable, then it will be modified to be fair or enforceable (as the case may be), or if modification is not reasonably possible, then it will be treated as deleted from this Agreement, and the rest of this Agreement will continue to operate.

Interpretation: In this Agreement, “including” and similar words do not imply any limitation, and section, clause and other headings are for the ease of reference only and shall not affect the interpretation of this Agreement.

Testimonial Disclaimer:

The effects of using OBST will vary from person to person.  Individual results may vary.  The testimonials, statements, and opinions expressed on our website are applicable to the individuals depicted.  Results will vary and may not be representative of the experience of others.  The testimonials are voluntarily provided and are not paid, nor were they provided with free products, services, or any benefits in exchange for said statements.  The testimonials are representative of OBST User experiences, but the exact results and experiences will be unique and  individual to each user. 

You may have received, read, or viewed testimonials, commentary, or materials which may have been shared by other users of our products and/or services (hereinafter collectively referred to as “Testimonials”).  These Testimonials are not intended to amount to advice on which reliance should be placed or to replace the advice of Your medical advisor or medical provider.  All information contained within the Testimonials are the views and opinions of the author and do not represent the views, opinions, or positions of Optimum Bio Sound Therapy Limited or any of its agents, affiliates, directors, officers, employees, contractors, representatives, or advisors.  These Testimonials may reflect the real-life experiences and opinions of such users.  However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services.  Optimum Bio Sound Therapy Limited does not claim, and You should not assume, that all users will have the same experiences.  YOUR INDIVIDUAL RESULTS MAY VARY.  The views and opinions contained in the Testimonials belong solely to the individual user and do not reflect our views and opinions.  Other than by Subscription to OBST, We are not affiliated with users who provide Testimonials, and users are not paid or otherwise compensated for their Testimonials.  Any Testimonials You may have received, read, or viewed are not intended, nor should they be construed as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition.  None of the Testimonials have been clinically proven or evaluated.  WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON ANY TESTIMONIALS YOU MAY HAVE RECEIVED, VIEWED, OR READ, AND WE MAKE NO REPRESENTATION OR WARRANTIES AS TO THEIR ACCURACY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR RELIANCE ON ANY TESTIMONIALS.  For the sake of clarity, You hereby acknowledge that clause 33 of this Agreement applies to You, and that Optimum Bio Sound Therapy  Limited hereby disclaims and will not be liable for, any Testimonials that You may provide to others relating to Your use of any of Optimum Bio Sound Therapy Limited s products and/or services, including Service.

Questions: If You have any questions regarding this Agreement, please contact Us at: Optimum Bio Sound Therapy Limited

L26, HSBC Tower

188 Quay Street

Auckland 1010

New Zealand

info@optibio.com

By using the Service, I hereby expressly consent and agree to the Optimum Bio Sound Therapy Subscription Agreement as stated above. 

Last updated 14th January 2023

EQUIPMENT RENTAL AGREEMENT

as part of the Optimum Bio Sound Therapy Subscription Agreement

24 January 2023

1. THE PARTIES. This Equipment Rental Agreement (“Agreement”) is made on the date of execution of the Optimum Sound Therapy Subscription Agreement, by and between:

 Lessor: Optimum Bio Sound Therapy Limited, with a mailing address of Level 26, HSBC Tower, 188 Quay Street, Auckland 1010 New Zealand (“Lessor”), and

 Lessee: Corresponding Optimum Bio Sound Therapy Subscriber  (“Lessee”).

This Equipment Rental Agreement is included as a part of the corresponding  Optimum Bio Sound Therapy Subscription Agreement.  

 Lessor and Lessee are each referred to herein as a “Party” and collectively as the “Parties.” 

2. EQUIPMENT DESCRIPTION. The Lessor hereby leases to Lessee the following equipment: OBSTL software-integrated tablet, owned by OBSTL and provided for Your use (hereinafter referred to as “Approved Tablet”).  The Service will only function as intended if installed and operated according to instructions and with the components supplied by OBSTL, including but not limited to the ethernet cables, ethernet to USBc adaptor, and earbuds.  The Approved Tablet connects to a secure OBST Virtual Private Network (VPN) accessed by Your home broadband connection.  You remain responsible for ensuring that You only use a stable land-based home internet service.  OBST is not compatible with cellular internet, Wi-Fi, or DSL broadband.
   

Hereinafter known as the “Equipment.” 

3. LEASE TYPE. This Agreement shall be considered Month-to-Month Lease. The Lessee shall be allowed to lease the Equipment on a month-to-month arrangement starting on the execution of this Agreement , and ending upon notice of 5 days from either Party to the other Party (“Lease Term”). 

4. RENT. The Lessee agrees to pay the Lessor $1 USD, to be billed monthly from Lessor to the corresponding Optimum Bio Sound Therapy Subscription Agreement for leasing the Equipment (“Rent”)
   

5. RENT INSTRUCTIONS. Rent shall be paid by the Lessee to the Lessor in the following manner: billed and paid monthly from Lessor to Leasee with the corresponding Optimum Bio Sound Therapy Subscription Agreement. 
   

6. LATE CHARGES. If any amount of Rent is late under this Agreement of more than 5 day(s) late, the Lessee will be obligated to pay a late fee of $1.00 USD for each Occurrence that Rent is Late.
   

7. NON-SUFFICIENT FUNDS. The Lessee shall be charged USD $1.00 for each check that is returned to the Lessor for lack of sufficient funds.
   

8. SECURITY DEPOSIT. Prior to taking possession of the Equipment, the Lessee shall be required to pay a deposit. The Lessee will be obligated to pay USD $1.00 (“Security Deposit”) for the performance by the Lessee under this Agreement for damages caused by the Lessee or Lessee’s agents to the Equipment during the Lease Term. In addition, the Security Deposit may be applied to any amount owed by the Lessee to the Lessor. 
   

9. DELIVERY OF EQUIPMENT. The delivery of the Equipment to the Lessee at the start of the Lease Term and returning to the Lessor at the end of the Lease Term shall be Shared between the Parties.
   

10. OPTION TO PURCHASE. During the Lease Term, the Lessee shall: 
    

☐ – Have the option to purchase the Equipment in its entirety at the termination of the Optimum Bio Sound Therapy Subscription Agreement  for USD $5.00 . After payment has been made, the Equipment will be remotely reset to factory settings, and ownership and possession shall revert immediately to the Lessee. 

11. REPAIRS AND MAINTENANCE. If for any reason the Equipment shall need repairs or maintenance due to normal wear-and-tear incurred during intended use, the Lessor shall be responsible.
    

12. ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item and part of the Equipment upon delivery and pursuant to this Agreement. The Lessee shall have twenty-four (24) hours from the delivery date to inform the Lessor of any discrepancies. If for any reason the Lessee claims the Equipment was not the same as described under this Agreement, the Lessee shall be able to return the Equipment and obtain a full refund for any Rent, Security Deposit, and any other payments made.
    

13. NO WARRANTY. The Lessor makes no warranties, expressed or implied, as to the equipment leased. The Lessee assumes responsibility for the condition of the Equipment. 
    

14. RISK OF LOSS OR DAMAGE. The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.
    

a) Damaged or Lost Equipment. Unless otherwise provided in this Agreement, if the equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to either repair the Equipment to a state of good working order or to replace the Equipment with like-equipment and in equal condition. The final decision for approval of any lost or damaged Equipment will be ultimately up to the Lessor. 

17. TAXES AND FEES. During the Lease Term, the Lessee shall be responsible and be required to pay any applicable taxes, assessments, licenses, registration, or any other fees associated with the handling and operation of the Equipment.
    

18. DEFAULT. The occurrence of any of the following shall constitute a default under this Agreement:
    

a) Failure of Payment. The failure of the Lessee to make a required payment under this Agreement;

b) Violation of Agreement. The violation of any provision of this Agreement that is not corrected within five (5) business days after written notice has been received;

c) Bankruptcy. The insolvency or bankruptcy of the Lessee; and

d) Seizure. The subjection of any of the Lessee’s property to any levy, seizure, assignment, application, or sale for or by any creditor or government agency. 

19. RIGHTS UNDER DEFAULT. If the Lessee shall default under this Agreement, and without notice to or demand on the Lessee, the Lessor may take possession of the Equipment as provided by law with the right to deduct the costs of recovery, including any attorney’s fees and legal costs, in addition to any repair or other costs to obtain the Equipment and bring to the same condition as the Lessee received upon initial delivery.
    

20. ASSIGNMENT. The Lessee is strictly prohibited from assigning or subletting the Equipment in any manner unless written consent is given by the Lessor. In addition, the Equipment may not be used by any person or associate other than the Lessee and their agents, employees, and subcontractors.
    

21. SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
    

22. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws of New Zealand. 
    

23. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties. This Agreement replaces any and all prior agreements made between the Parties.
    

24. EXECUTION. Lessee and Lessor each represent and warrant to the other that this Agreement shall be legally considered as fully executed by both parties upon the Lessee acceptance of the Optimum Bio Sound Therapy Subscription Agreement further by the Lessee’s use of the Optimum Bio Sound Therapy service. 
    

Optimum Bio Sound Therapy Limited

Privacy Policy

9 November 2022

 Application:  This Privacy Policy describes how Optimum Bio Sound Therapy Limited (OBSTL) (“we”, “us”) of L26, HSBC Tower, 188 Quay Street, Auckland 1010, New Zealand collects and treats personal and health information about people who use or apply to use the OBSTL Service, visitors to its website (www.optibio.com) and anyone who otherwise submits personal or health information to us (“you”).  When you apply for a subscription to Optimum Bio Sound Therapy (OBST) (“Service”), we collect the information you provide during the application process, including but not limited to your personal details, your contact information, details about how you were referred to us, and payment information. We also collect feedback and testimonials that subscribers and others choose to provide to us.  Unless you use the chat function, you may browse our website without providing any personal or health information.

We also automatically collect information about your use of the Service each time you use it, including:

• when your account is in use;
• your location;
• how long you use the Service for;
• where you use the Service and your interactions with the Service;
• your IP Address (Internet Protocol) and data usage;
• any support requests or other correspondence you have with us in connection with the Service (e.g. by using the “contact us” function, live chat, or submitting a service request ticket);
• email and chat log interactions with OBSTL Agents; 
• your time actively logged in the Service is recorded by our datacenter.  
• The information we collect includes personal information and health information (“Information”).

Purpose:  We collect Information for the purpose of:  

• corresponding with you, and providing the Service;
• improving and optimising the Service, including identifying and correcting any errors or bugs in the Service;
• developing the Service and the related application;
• ensuring your compliance with this policy and any other agreement with us, and carrying out our obligations and enforcing our rights in any agreements with you, including billing and collections, or compliance with legal requirements;
• keeping the Service secure;  
• providing Service support and notifying you of any changes to the Service, applicable terms and conditions, or our other products and services; and
• satisfying our legal, accounting, and reporting requirements.

Your Consent:  By accessing our website, using or applying to use the Service, or otherwise submitting Information to us, you consent to the collection, use, disclosure, storage and processing of your Information in accordance with this Privacy Policy. 

Recipients:   We do not give your Information to anyone except our service providers (in order to enable us to carry out one of the purposes above) who are contractually obligated to keep your personal information confidential, or where we are otherwise required (or permitted) to do so by law. We may process, store, and transfer your Information in and to a foreign country, with different privacy laws than your own country’s. The governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Information through the laws of the foreign country.

Consequences: Your use of the Service and your provision of Information is voluntary, however, if you do not provide the Information we request at the time of your subscription application, you may not be able to sign up to the Service. If you do not authorise the automatic collection of Information referred to in section 3, then we may not be able to provide the Service to you.

Data security and retention: The security of your Information is important to us. We use physical, electronic, and administrative measures designed to secure your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your Information also depends on you. If we have given you (or you have chosen) a password for access to the Service, you are responsible for keeping the password confidential.  We ask you not to share your password with anyone. The transmission of information via the Internet is not completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted via the Service. Any transmission of such Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Service.

Retaining your Information:  Except as otherwise permitted or required by applicable law or regulation, we will only retain your Information for as long as necessary to satisfy the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, we may de-identify or anonymise your Information. We only use De-identified Information in the ways set out in this Policy. Anonymised information is used for statistical, reporting and legitimate purposes relating to our business.  

Changes to our Privacy Policy:  We will post any changes we make to our Privacy Policy to https://www.optibio.com/policy.  If we make material changes to how we treat our Subscribers’ Information that affect you, we will take reasonable steps to notify you.  You are responsible for ensuring you provide us with up-to-date contact information, and for periodically visiting our website and this Privacy Policy to check for any changes.  

Your rights of access and correction:  You have rights under the Privacy Act 2020 and Health Information Privacy Code 2020 to request confirmation that we hold Information about you, access to the Information that we hold about you, and to ask us to correct your Information.  To do so, please contact us at info@optibio.com.

Links:  References to external websites on this website are provided to you as a convenience only.  We are not responsible for the privacy policies of any such external websites.

Cookies: We use cookies on the website.  Cookies are small text files that are placed on the browsers of visitors to the website for record-keeping purposes and so that (for example) your preferences can be recognized when you come back to our website.  It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.  Those cookies include both temporary or session cookies that are deleted when you close your browser, and permanent cookies which remain on your device.   We use the following types of cookies:

Necessary cookies.  Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

Functionality cookies.  Functionality cookies let us operate the website in accordance with the choices you make. For example, we will recognize your username and remember how you customized the website during future visits.

Analytical cookies.  These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

Testimonial Disclaimer Policy

Optimum Bio Sound Therapy Limited

25 October 2022

 This Policy is also incorporated into the OptImum Bio Sound Therapy Subscription Agreement

Testimonial Disclaimer:

The effects of using OBST will vary from person to person.  Individual results may vary.  The testimonials, statements, and opinions expressed on our website are applicable to the individuals depicted.  Results will vary and may not be representative of the experience of others.  The testimonials are voluntarily provided and are not paid, nor were they provided with free products, services, or any benefits in exchange for said statements.  The testimonials are representative of OBST User experiences, but the exact results and experiences will be unique and  individual to each user.

You may have received, read, or viewed testimonials, commentary, or materials which may have been shared by other users of our products and/or services (hereinafter collectively referred to as “Testimonials”).  These Testimonials are not intended to amount to advice on which reliance should be placed or to replace the advice of your medical advisor or medical provider. All information contained within the Testimonials are the views and opinions of the author and do not represent the views, opinions, or positions of Optimum Bio Sound Therapy Limited or any of its agents, affiliates, directors, officers, employees, contractors, representatives, or advisors.  These Testimonials may reflect the real-life experiences and opinions of such users.  However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services.  Optimum Bio Sound Therapy  Limited does not claim, and you should not assume, that all users will have the same experiences.  YOUR INDIVIDUAL RESULTS MAY VARY.  The views and opinions contained in the Testimonials belong solely to the individual user and do not reflect our views and opinions.  Other than by Subscription to OBST, we are not affiliated with users who provide Testimonials, and users are not paid or otherwise compensated for their Testimonials.  Any Testimonials You may have received, read, or viewed are not intended, nor should they be construed as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition.  None of the Testimonials have been clinically proven or evaluated.  WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON ANY TESTIMONIALS YOU MAY HAVE RECEIVED, VIEWED, OR READ, AND WE MAKE NO REPRESENTATION OR WARRANTIES AS TO THEIR ACCURACY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR RELIANCE ON ANY TESTIMONIALS.  For the sake of clarity, You hereby acknowledge that Clause 22 of this Agreement applies to You, and that Optimum Bio Sound Therapy  Limited hereby disclaims and will not be liable for, any Testimonials that You may provide to others relating to your use of any of Optimum Bio Sound Therapy Limited s products and/or services, including Service.

OBSTL Complaints Policy

We want to offer services that uphold your rights as a health services consumer. Despite our best intentions and the team’s genuine desire to help people, we realise that we will not always get it right.

We welcome and use feedback to continually improve our services.  

If you are unhappy with Optimum Bio Sound Therapy or our handling of your information, you can complain. People are entitled to raise concerns or complaints and to have them addressed promptly and fairly.

This policy sets out the steps for raising and dealing with concerns and complaints. It aims to:

∙ support people to resolve minor issues on their own

∙ give clear guidance for making, dealing with and resolving complaints

∙ make sure the approach taken to dealing with complaints is prompt, fair and consistent.

Please read this policy before using Optimum Bio Sound Therapy.

How do I make a complaint?

To make a complaint, you can email us, send us a letter or fill in and submit a Complaints Form.

Postal Address:  Level 26, HSBC Tower, 188 Quay Street, Auckland 1010, New Zealand

Email Address:  info@optibio.com

What happens when we receive a complaint?

We will acknowledge your complaint in writing within 5 working days of receipt (unless resolved to your satisfaction within that time). We will do our best to resolve your complaint within 10 working days from giving such acknowledgement.  Within those 10 days, we will:

∙ decide whether or not we accept that your complaint is justified;

∙ decide whether more time is needed to investigate your complaint; and

∙ if more than 20 working days will be needed to investigate your complaint, advise you that we need more time to make a decision and provide the reasons why more time is needed.

Once we decide whether we accept that your complaint is justified, we will inform you of:

∙ our decision to either accept or not accept that your complaint is justified;

∙ the reasons for our decision;

∙ any actions that we propose to take.

We will document your complaint and all actions we take in relation to it.  We will also give you any information that we hold that is or may be relevant to your complaint. Complaints will be handled in accordance with our Privacy Policy.

Rights of New Zealand Health Consumers (This Policy pertains only to New Zealand Subscribers)

The Code of Health and Disability Services Consumers’ Rights (the Code) in New Zealand establishes the rights of consumers, and the obligations and duties of providers to comply with the Code. It is a regulation under the Health and Disability Commissioner Act. The Code in full is set out here: Code of Health and Disability Services

You can complain directly to the Health and Disability Commissioner (HDC) or to an independent health and disability advocate (Advocate).  You can also contact an Advocate for free help and support.

You can also complain to the Office of the Privacy Commissioner.

Optimum Bio Sound Therapy

Cookie Policy

We use cookies on the website.  Cookies are small text files that are placed on the browsers of visitors to the website for record-keeping purposes and so that (for example) your preferences can be recognized when you come back to our website.  It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.  Those cookies include both temporary or session cookies that are deleted when you close your browser, and permanent cookies which remain on your device.   We use the following types of cookies:

Necessary cookies.  Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

Functionality cookies.  Functionality cookies let us operate the website in accordance with the choices you make. For example, we will recognize your username and remember how you customized the website during future visits.

Analytical cookies.  These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

 If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.