My MoleMap Terms of Use

1. Welcome to my.molemap.co.nz and my.molemap.net.au (the 'site'), a website that is hosted and operated by MoleMap Limited, Unit 2B/93-95 Ascot Avenue, Greenlane, Auckland, New Zealand ('we', 'our', 'MoleMap').

2. These My MoleMap Terms of Use (‘Terms of Use’) apply to the entire contents of the site, the services provided by the site, to any information produced by the site and to any feedback or submissions provided through the site. By viewing and using the site, the users ('user', ‘You’, or  ‘your’) will be deemed to agree to these Terms of Use.

3. If you do not agree to any of the terms and conditions in these Terms of Use, then you must not access or use the site.

4. By browsing, accessing or using the site, you acknowledge and agree that you have read, understood and agree to be bound by, these Terms of Use.

5. There may be other terms and conditions that apply to your interactions with MoleMap, which will be provided to you at the relevant time. For example, these include terms that we have agreed if you are a medical practice or corporate customer.

6. You agree you will only use the site for the purpose stated below. You acknowledge that your use of the site may be monitored and if we reasonably consider your use to breach these Terms of Use, we may revoke your access at our reasonable discretion and without delay.

7. In general,

• The site may include links to third party websites. Any such links are provided for information only and should not be interpreted as approval of the links by us. Access to any third-party websites is at your own risk and may be subject to additional terms and conditions.

• The content on our site is intended for users that are 18 or over and located in Australia or New Zealand.

• Except as identified otherwise, the content on the site is general in nature and has not been prepared with your specific health situation in mind. While every effort is taken to ensure the general information on the site is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances.

• You agree to use our site for lawful purposes only.

8. If you are booking an appointment,

• The site allows you to create, change and edit your Molemap clinic appointments. You acknowledge that all information provided by you to make an appointment is accurate and complete.

9. If you are a MoleMap patient,

• You need to create an account on the My MoleMap page to access your MoleMap clinical record. The My MoleMap page on the site gives you access to your own MoleMap clinical record, by logging in to your account on the My MoleMap page, so you can receive and review the diagnoses and recommended actions for your lesions that were imaged in one of our affiliated clinics.

• The site allows you also access your latest MoleMap report without using your My.MoleMap account by using a One-Time-Password. For this we will email or SMS TXT you a specific link that allows you to use this alternative method of accessing your report. This method requires you to have real-time access to your nominated email address that you have provided to MoleMap as part of your personal contact details. People who have direct and full access to your email account, will be able to use this one-time-password access method so it is important you keep your email address personal and secure.

• The site allows you to nominate any medical practices involved in your care, so that we can provide them with a copy of your MoleMap clinical report and/or access your MoleMap record online. You can also nominate a specific medical practitioner within the practice to ensure that person is notified when your report becomes available, however please note that all authorised staff in the medical practice that you nominate will have access to your report. If you have listed a medical practice, we will make reasonable endeavors to deliver a copy of the report to this medical practice, however we cannot guarantee delivery since this depends on whether the medical practice subscribes to the required services. In all cases we recommend you take a copy of your report with you when visiting your doctor.

• You can remove any medical practices from your record, so they no longer have access online to your records.

• If you do not nominate and provide the details for a medical practice, then we will not share your MoleMap clinical report with any third parties.

• Regardless of the access controls provided by the site, you agree to only use the site to access your own personal clinical records. If you suspect access to a clinical record is given erroneously, you must notify MoleMap immediately.

10. If you are a Medical Practitioner who is involved in the care for one of our patients,

• The site gives you and your practice colleagues access to your patient’s MoleMap clinical record if that patient has nominated you as a medical practice that is involved in their care. Access is for the sole purpose to allow your medical practice to access diagnosis, recommended action and image details for your patients to inform your decisions about the patients’ follow-up treatment and care. If the patient does not nominate you as a medical practice that is involved in their care, we will not provide you with a copy of their MoleMap clinical record.

• To register for this service, you will need to complete the online registration form. Our customer care team will verify your practice and practitioner details with you and our directory service providers. If we are satisfied your registration details are correct, then we will activate your user account and invite you to set your password.

• You may be able to use the site to enter MoleMap customer referrals and images for diagnoses. These referral services are subject to a separate service agreement that we will enter in with you before such referral services are made available. Your use of the site is subject to the terms and conditions of the relevant service agreement.

• Regardless of the access controls provided by the site, you agree to only use the site to access clinical records of people you are providing care to. If you suspect access to a clinical record is given erroneously, you must notify MoleMap immediately.

11. If you are a Corporate Customer, who has referred patients to MoleMap,

• If you enter into a separate agreement with us to provide your employees with workplace skin cancer checks (‘Corporate Wellness Campaign’) the site may give you access to real-time reports on the progress of your Corporate Wellness Campaign. Your use of the site is subject to the terms and conditions of your agreement with us.

• You will only be able to access campaign, promotion code and appointment information for patients that you have referred as part of your Corporate Wellness Campaigns.

• The site may provide aggregated outcomes information in relation to the patients you have referred, these outcomes are summarised and non-identifiable.

• Regardless of the access controls provided by the site, you agree to only use the site to access information related to campaigns you are involved in. If you suspect access to a campaign is given erroneously, you must notify MoleMap immediately.

12. To the maximum extent permitted by Law, MoleMap makes no warranty or representation, express or implied, that access to the site or any of the content on our site, will always be available, uninterrupted or error-free.

13. We reserve the right to modify, change, withdraw, suspend, terminate or otherwise alter access to some or all the site's services from time to time for operational reasons. Where possible, we provide reasonable notice to you of any modifications, changes, withdrawal, suspensions or updates which are material in nature by publishing the details on the site.

14. Your access to the site is temporary. If you require a copy of the information that is shared with you through the site for your own records, you are advised to download a copy and store this in your own record keeping facility.

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15. Access to the site requires registration and creation of a User Account in order to access and use some features of the site. You agree that all information you give us when registering or using the site is true, accurate, up to date, complete and not false, misleading or deceptive in any material way.

16. In order to create an account you must provide us with:

• an email address that you own and have full access to. This email address will be your user name;

• personal information requested depending on the kind of account you are creating; and

• a password that satisfies our security requirements.

17. You may not share your username with other users to give those other users access under your name. You must ensure that you always keep your password confidential and that you do not disclose it to anyone.

18. It is your responsibility to immediately notify us if you become aware of or suspect any unauthorised use of your account or any other breach of security as soon as you become aware of it. We reserve the right to require users to change their username and passwords if necessary for security reasons.

19. You can deregister for this service at any time by calling Molemap Customer Services or contacting us using the contact details below.

20. As a user of the site, you must not:

• infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

• reproduce any of the content on the site without our express written permission, which we may grant or withhold at our absolute discretion;

• seek reimbursement from any other party for access to this site or on-sell any information obtained from this site;

• deceive or be likely to deceive any person, impersonate any other person while using this site, conduct yourself in an offensive manner while using this site, or use this site for any illegal, immoral or harmful purpose;

• submit, post, upload, email or otherwise send or transmit to this site, or any user anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this site; or

• interfere with this site or the servers or networks underlying or connected to this site or violate any of the procedures, policies or regulations of this site or any networks connected to this site.

21. Protection of personal information provided by you while using the site, or personal information accessible through the site is governed by the MoleMap pri­va­cy pol­i­cy.

22. To the extent permitted by Law and subject to clause 23, MoleMap disclaims and excludes all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of the information, content or materials included on or available from any website we link to.

23. Nothing in these Terms of Use is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Consumer Guarantees Act or any other applicable legislation which may not be excluded, restricted or modified by agreement (‘Non-excludable Rights’).

24. To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:

• in the case of supply of goods, our doing any one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent goods; and (4) paying the cost of having the goods repaired; or

• in the case of supply of services, our doing either or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again.

25. Except for liability in relation to breach of any Non-excludable Rights and liability under clause 24, both our and your total maximum liability to you in contract, tort (including negligence), statue or otherwise, is limited to one thousand New Zealand dollars (NZD $1,000).

26. The content of the site, including not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement, are the proprietary property of MoleMap, our content providers or our licensors with all rights reserved.  You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised in these Terms of Use.

27. No content on the site may be modified, copied, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent.  In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the site.

28. MoleMap may revise any part of these Terms of Use at any time for accuracy or to reflect changes to our products or business needs. Any such revisions take effect when the update to this page is published, and we will take reasonable steps to notify you of any changes to these Terms of Use which are material in nature by posting such changes to the site prior to such changes taking effect.

29. As you will be bound by any amendment to these Terms of Use, you should review these Terms of Use from time to time. By continuing to use the site after any amendment to these Terms of Use, you will be deemed to have accepted the amended Terms of Use. If any change has a detrimental effect on you, you may cease accessing or using the site.

If you have any ques­tions or con­cerns in rela­tion to these terms, please con­tact us via email at enquiries@molemap.net.au or call us on 0800 665 362

23 April 2025