Terms of Use | Age Brightly

1. Purpose

These terms of use (Terms) govern your use of the platform and membership-based services provided by Brightly Health Limited (Brightly, we, our, us) after you complete a Brightly Baseline+^TM assessment and choose to engage with Brightly on an ongoing basis. Use of the platform and our services is also governed by our Privacy Policy, which forms part of these Terms. By accessing or using the platform and our membership-based services, you agree to these Terms.

2. Our services

We provide ongoing membership services designed to support proactive health planning and coordination of care, as described on our website and within your selected membership tier. The platform and the services delivered by our personnel are referred to in these Terms as Brightly Services, and are provided under these Terms.

Services delivered by third parties (e.g. external medical specialists, and financial and legal advisers) are referred to in these Terms as Partner Services. Partner Services are provided on the partners’ own terms, and your contract for Partner Services is with the partner, not Brightly - our role is limited to helping coordinate, scheduling, and integrating outcomes into your overall plan. Fees for Partner Services may be charged by the partner directly, or we may facilitate payment on the partner’s behalf. If we facilitate payment, we do so as a collection service only; acceptance of payment does not make us the provider of the Partner Service. Refunds for Partner Services are handled in line with the partner’s policy and applicable law. Any estimates we share for Partner Services are indicative and subject to the partner’s confirmation.

Your access to features and service levels depends on the membership option you choose. Details of the membership options and services are available on our website.

Brightly does not replace the primary support provided by your General Practitioner (GP). Any plan must be reviewed and confirmed by a qualified health professional (a Qualified Medical Practitioner) before being acted on.

3. User responsibilities

You must provide accurate and complete information. Please see our Privacy Policy for details on how your information is collected, used, and your rights to access or correction. The platform is not an emergency service and is not monitored for urgent health issues. For any medical emergency, call 111 immediately.

You may involve a support person in your use of the platform.

Where your capacity or competence to make decisions is in question, we may pause services and request input or consent from a legally authorised support person (e.g., under an enduring power of attorney or EPA, welfare guardian, family member).

You agree not to misuse the platform, and to use messaging and booking tools in good faith. You are responsible for timely payment of fees and for charges arising from your account, including any agreed Partner Service fees. We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to access and use the platform and our services for your own non-commercial purposes and in accordance with these Terms. You must not (and must not allow anyone else to):

copy, modify, adapt, translate, create derivative works from, disassemble, decompile, or reverse-engineer any part of the platform (except to the extent such restriction is prohibited by law);

access or use the platform to build a competing service or to benchmark or scrape data (including by using bots, spiders, crawlers, harvesters or similar);

interfere with or disrupt the platform or the networks or equipment used to provide it, including by introducing malware or excessive traffic;

circumvent any security or access-control feature; or

use the platform for any unlawful purpose or in a way that infringes another person’s rights.

4. Our responsibilities

We will:

ensure only Qualified Medical Practitioners are engaged to review plans that are made available to you;

provide services with reasonable care and skill in line with the Code of Health and Disability Services Consumers' Rights;

maintain systems to protect your privacy and health information, and take reasonable steps to ensure the information we use or disclose is accurate, up to date, complete, relevant, and not misleading; and

provide information and support in accessible formats and communicate in clear, plain language as required.

5. Memberships

You may select an appropriate membership tier (each a Plan), and any additional services made available from time to time, for your needs and budget. Each Plan and additional service includes the services described on our website at the time of purchase.

Charges are shown in NZD. Payment timings and options are shown on our website.

Before selecting a Plan, you may purchase a Brightly Baseline+™ assessment. The assessment is a standalone service and is separate from any Plan.

Plans are for an initial fixed term of 12 months to provide consistent, long-term support and continuity of care and allow for the implementation of your 12-month care plan. At the end of each term, your membership will automatically renew for successive 12-month periods unless you turn off renewal via your account settings before the renewal date.

You authorise us and our payment processor to charge your selected payment method for all fees and taxes. You must keep your payment method current. If a payment fails, we may retry and you remain responsible for unpaid amounts.

For booked sessions, if you cancel or reschedule within the stated notice period (e.g., 24 hours) or do not attend, a fee may apply, as shown at booking. If you purchase a Plan, you may cancel that Plan for any reason within 7 days after the date of purchase (Cooling-off Period) by notifying us through your account settings or by email to hello@agebrightly.co.nz. If you cancel within the Cooling-off Period, we will refund the Plan fees you paid for that billing cycle, less any amounts attributable to services that have already been provided (including any booked sessions attended and any assessments or other deliverables completed) and any non-cancellable third-party costs we have incurred on your behalf with your approval.

The Cooling-off Period applies to first-time purchases of a Plan and does not apply to renewals. If you upgrade during a billing cycle, the Cooling-off Period applies only to the incremental upgrade fees and only where the upgrade is a first-time purchase of that upgraded Plan level.

Nothing in relation to the Cooling-off Period limits any rights you may have under the Consumer Guarantees Act 1993 or any other applicable law.

Except as required by law or expressly stated in these Terms (including the Cooling-off Period above), fees are non-refundable.

We may change Plan pricing with reasonable notice before your next renewal. If you do not agree, you may turn off renewal.

6. Membership changes

You may upgrade to a higher tier Plan at any time; upgrades take effect immediately and fees will be prorated. Requests to move to a lower tier Plan will only take effect at the end of your current 12-month term.

After your first 6 months, you may request to place your membership on hold for up to 3 months if you are unable to attend appointments. To request a hold, email accounts@agebrightly.co.nz; if approved, we will confirm this in writing and the hold will take effect from the start of the next billing month. Your membership end date will be extended by the approved hold period, and if you pay monthly by direct debit, your payments will be paused during the hold and will resume when the hold ends (with the same number of payments remaining).

Plans are personal and are generally not transferable. However, if you are unable or do not expect to use the remaining included clinical visits in your current Plan term, you may request that those unused included visits be assigned to your legal spouse or de-facto partner. Any assignment is subject to clinical appropriateness and approval by Brightly, and your spouse/partner must register on the platform, complete all required onboarding and health intake forms, and accept the applicable terms. Assigned visits are subject to clinician availability and must be used within your current 12-month Plan term; fees are not refundable and no other Plan benefits transfer. We may refuse or limit assignments where we reasonably believe the request is for convenience or resale rather than genuine inability to use the visits, or where it would compromise clinical safety.

If a member passes away, the membership will be cancelled one month after we receive written notification. Any unused portion may, where clinically appropriate, be transferred to a nominated family member or friend, provided we receive reasonable evidence of death and confirmation of the recipient, the request is made within 6 months of notification, and the recipient completes Brightly’s required onboarding and accepts the applicable terms.

7. Promotions

From time to time we may offer promotions, discounts, vouchers or rewards (each a Promotion). Promotions may be advertised on our website or communicated to you directly.

Unless we state otherwise, Promotions are: (a) available for a limited time; (b) subject to eligibility criteria and verification; (c) limited to one per person/household/member where reasonably required to prevent misuse; and (d) not transferable, not redeemable for cash, and cannot be exchanged or refunded.

We may decline to apply, cancel or reverse a Promotion (including withholding a voucher or discount) where we reasonably believe it has been used in error, fraudulently, in a misleading way, or in breach of these Terms or the terms specific to that Promotion.

If a Promotion involves a third-party voucher, the voucher is supplied by the third party and is subject to that third party’s terms (including expiry and availability). To the fullest extent permitted by law, we are not responsible for the third party’s goods or services, or any refusal by the third party to honour a voucher.

We may change, suspend or withdraw any Promotion at any time. This will not affect Promotions already correctly applied to a booking or already issued, unless the Promotion was applied in error or used fraudulently or in a misleading way, or in breach of these Terms or the terms specific to that Promotion.

8. Authorised representatives

Where a person lacks capacity or has appointed a representative (e.g., an enduring power of attorney for personal care and welfare), we may accept instructions from that authorised representative for the limited purpose of arranging and coordinating services, consistent with applicable law and your rights under the Code of Health and Disability Services Consumers’ Rights.

9. Communications

We may send you service communications (e.g., booking confirmations, reminders, care plan updates). For marketing communications, we will obtain your consent and each message will include an option to unsubscribe. You can manage preferences in your account.

10. Suspension and termination

We may suspend or terminate your access on reasonable notice if charges remain unpaid after reminders, you materially breach these Terms or misuse the platform, or we reasonably believe continued access creates a material risk. If we terminate without cause, we will refund any prepaid fees for the unused period. Your rights under the Consumer Guarantees Act 1993 are not affected.

11. Cross-border access

Some of our Qualified Medical Practitioners are physically located overseas (including the UK) but are registered in New Zealand and hold current Annual Practising Certificates. They are legally bound by New Zealand law and professional standards. By using the platform, you consent to these practitioners securely accessing your information to review and approve draft care plans and undertake activities reasonably incidental to doing so.

12. Intellectual property

All rights in the platform, Brightly content, trademarks, and underlying technology are owned by us or our licensors. You obtain no ownership rights in the platform.

13. Limitations

Our platform is not a medical device. It aids diagnosis but treatment or prescribing will only be done by your GP or trained health professionals in Partner Services you have been referred to. Draft plans and outputs are for support and guidance purposes only and require Qualified Medical Practitioner approval. You must not rely on draft plans or outputs without review and approval by a Qualified Medical Practitioner.

Partner organisations and professionals are independent of Brightly. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between Brightly and a partner or makes Brightly responsible for a partner’s acts or omissions. Where we coordinate Partner Services, we do not supervise or control the partner’s professional judgement or advice. The partner is solely responsible for their advice, treatment, or services.

The platform may link to, integrate with, or reference third-party services, websites, applications, laboratories, telehealth providers, devices, or advertisements (Third-Party Offerings). We do not endorse, control, or assume responsibility for Third-Party Offerings and make no promises about their content, availability, suitability, accuracy, or performance. Your use of any Third-Party Offering is at your discretion and subject to that third party’s terms and privacy policies. We are not liable for loss arising from your use of, or reliance on, any Third-Party Offering. For clarity, this section is in addition to (and does not limit) the Partner services provisions above.

14. Complaints

You may raise complaints directly with us at complaints@agebrightly.co.nz. Complaints will be acknowledged within 5 working days, and a substantive response will be provided within 20 working days where possible.

You also have the right to complain to the Health and Disability Commissioner (www.hdc.org.nz).

You may also complain to the Privacy Commissioner (www.privacy.org.nz) if your complaint concerns privacy or the handling of your health information.

Complaints about Partner Services should be raised with the partner in the first instance under their complaints procedure. We will reasonably assist with coordination on request. You can also contact us at hello@agebrightly.co.nz for general feedback or concerns.

15. Liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with your use of the platform and our services is limited to the greater of (a) $1,000, or (b) the amount you paid us for services in the 12 months before the claim. We are not liable for indirect or consequential loss.

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993, the Code of Health and Disability Services Consumers’ Rights, the Privacy Act 2020, or the Health Information Privacy Code 2020.

If your rights under the Code of Health and Disability Services Consumers’ Rights or privacy law are affected by a privacy breach, you and relevant regulators will be notified as required by law.

To avoid doubt, Brightly is not responsible for, and has no liability arising from, the advice, treatment, or other services provided by partners as part of Partner Services. This does not limit any rights you may have directly against the partner under applicable law.

We are not responsible for delays or failures caused by events beyond our reasonable control (including internet outages, telecommunications failures, epidemics, or natural disasters).

16. Changes to these Terms

We may update these Terms from time to time where reasonably necessary (for example, to reflect improvements to our services, changes in the law, or feedback from users). If the changes are material and may adversely affect your rights, we will notify you in advance by email or through the platform and ask you to confirm your acceptance before the updated Terms take effect. For minor or non-material changes, your continued use of the platform after the update takes effect means you accept the updated Terms.

For changes that materially reduce core functionality of a paid Plan or increase Plan prices, you may cancel before your next renewal.

17. Governing law

These Terms are governed by New Zealand law. Disputes are subject to New Zealand courts.

Brightly HealthPlan™ Terms