Acceptance of terms
These terms and conditions govern all supply of goods and services ("products", “purchases”, or referrals for services) by BreathLab Ltd “BreathLab”,( "we”, "us") to you, the purchaser of goods and services from us, including your use of the website at www.breathlab.co.nz ("the website"). They are effective from 1 December 2025 and will replace all earlier terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase or create a referral on our website you must be 16 years of age or over.
Purchases may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our website.
Pricing and invoicing
Prices are available by request. All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise. All prices are correct when published. We reserve the right to alter prices at any time.
BreathLab charge fixed fees for initial and any subsequent consultations required. These fees are set out at the time of booking your appointment. You are expected to pay for services at the end of each appointment. We are a private clinic and fees charged are not discounted unless otherwise advised in writing.
We may also charge fees for any additional consultations required by us if requested by you. You will be informed prior to the commencement of such additional consultation or attendances of the costs associated. These additional attendances/costs include but are not limited to:
- completion of any additional forms/reports not included in our original engagement including completion of third party documents and letters;
- retrieval of any stored documents held by the Practitioner or the Clinic on behalf of the
Practitioner.
Practitioner.
Payment options
We accept the following credit or debit cards:
Visa and MasterCard.
Credit Card Security
All payments are processed via ANZ FastPay and are subject to ANZ’s terms and conditions which can be found here https://www.anz.co.nz/business/accept-payments/fastpay/.
Cancellation and non-attendance policy
We require greater than 24 hours notice to reschedule or cancel an appointment. We will be able to offer an open appointment to another patient sooner, providing them with the
care they need. You can reschedule your appointment by calling BreathLab on 0276094216. If you can not reach us, please leave a message and we will call you back.
care they need. You can reschedule your appointment by calling BreathLab on 0276094216. If you can not reach us, please leave a message and we will call you back.
If you reschedule or cancel within 24 hours of your appointment or fail to attend your appointment, you will be charged 50% of the scheduled private fee for your consultation.
Your obligations:
We require you to, and you agree to:
- Advise us of any material or medical change in your circumstances;
- Attend scheduled appointments at the set out time and date;
- Carefully read and follow any instructions sent to you prior to your appointment about testing; and
- Co-operate and do all that the Practitioner reasonably requests of you in a timely manner.
If you fail to comply with any of these conditions, we have the option to terminate our arrangements with you.
Returns
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully.
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Privacy policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
At BreathLab, we are committed to protecting your privacy and the confidentiality of your personal health information, adhering strictly to the New Zealand Health Information Privacy Code 2020.
What We Collect and Why: We collect information primarily to provide you with safe, effective healthcare and related services. This data (such as medical history, test results, and contact details) is collected directly from you or other healthcare providers involved in your care, always with your knowledge.
Confidentiality & Security: Your health records are stored securely with appropriate technical and physical safeguards to protect them from unauthorised access, loss, or misuse. Access is restricted to authorised BreathLab staff and your direct care team members only.
Use and Disclosure: Your information is used only for the purposes for which it was collected (your care and treatment). We will not share your information with third parties without your explicit consent, except where required by law or in situations necessary to prevent a serious threat to life, health, or safety.
Your Rights: You have the right to access the health information we hold about you and to request corrections if you believe it is inaccurate or incomplete.
Questions/Complaints: For any privacy concerns, please contact hello@breathlab.co.nz . Further information is available from the Office of the Privacy Commissioner.
By using BreathLab services, you consent to the practices described in this privacy statement.
Liability Statement & Assumption of Risk
By utilizing the services provided by Breathlab, you acknowledge and understand that pulmonary function testing involves inherent risks of injury, exacerbation of existing medical conditions, or, in very extreme rare circumstances, death.
These risks may include, but are not limited to, shortness of breath, dizziness, lightheadedness, fatigue, coughing, bronchospasm, or syncopal episodes (fainting).
You voluntarily agree to undergo these procedures and assume all responsibility for any injury, illness, or death that may result from my participation. You confirm that you have consulted with your physician regarding your fitness to undergo these tests.
You hereby release, discharge, and hold harmless BreathLab, its officers, employees, agents, and affiliates from any and all claims, demands, or causes of action arising from any injury or damage to you or your property as a result of your use of the services, to the fullest extent permitted by law.
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.breathlab.co.nz.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.