Terms and Conditions and Informed Consent Medical Disclaimer

1. By agreeing to these Terms and Conditions and Informed Consent Medical Disclaimer, I provide express written agreement to Marko Global Limited (Marko) that:
   1. I have read and understood all of the following information set out below that is relevant to Marko's services and the terms and conditions on which Marko provides services;
   2. I have received and understood any additional information, terms and conditions that Marko has communicated directly to me that may be specific to the services provided to me; and
   3. I agree and consent for Marko to provide me with services on this basis.

Services provided by Marko

2. Marko offers the following 'Services':
   1. General health and wellness guidance and recommendations based on the interpretation of a blood test result report or reports provided/uploaded to the Marko platform.
   2. Access to general information regarding health, nutrition and lifestyle.
   3. Access to an online retail shop.
3. You must be at least 16 years old to purchase and receive Marko's Services.
4. Marko is not suitable for use during pregnancy. Pregnancy alters blood cell levels and areas such as immune health, which affects the accuracy of the formulas used to inform your Marko report. You agree to cease using Marko's Services if pregnant and immediately seek advice from a suitable registered Health Practitioner about the impact on your pregnancy of taking any dietary supplements or making dietary or lifestyle changes on the basis of Marko's nutritional guidance or recommendations.
5. You acknowledge you are purchasing and receiving Marko's Services from New Zealand. Marko's Services are provided in New Zealand and are subject to the laws of New Zealand.

Marko's Services do not replace medical guidance

6. Any nutritional, lifestyle or supplement guidance or recommendations Marko provides to your account is for your information and personal use only. This guidance is intended to help you understand your health status and consider various changes you may make to your diet, lifestyle, or the use of dietary supplements.
7. Marko does not provide Services for the purpose of and does not guarantee that any nutritional, lifestyle or supplement guidance or recommendations Marko provides to you will achieve weight loss or management or have any therapeutic effect for medical conditions. The nutritional, lifestyle or supplement guidance or recommendations Marko provides is for the purpose of supporting normal healthy body function.
8. Marko's guidance is not intended to, and does not, constitute any clinical diagnosis or medical advice. Our Services are not a substitute for such diagnosis or advice.
9. Marko acknowledges that we are subject to the duties in the Code of Health and Disability Services Consumers' Rights (the Code), in particular to uphold your right to be fully informed (Right 6). While we strive to provide accurate and up-to-date information, Marko makes no representations or warranties about the accuracy, completeness, or reliability of the Information, guidance or recommendations Marko or any third-party services provide to you.
10. Any interpretation of test results and guidance Marko provides is based on the information and test results you make available to us at a given time. This may be insufficient to gain a complete understanding of your health status or any health condition you may be suffering from. If you have any concerns about your test results or your health generally, you should discuss this directly with a suitably and/or appropriate qualified registered Health Practitioner.
11. If Marko's interpretation of your blood test results identifies any significant anomalies warranting further investigation from a registered Health Practitioner, subject to our legal obligations, Marko will:
    1. Indicate clearly in your report that we recommend you 'Consult' a registered Health Practitioner.
    2. The Marko system is set up with a systemized set of 'flags'. These flags will indicate to our staff that you require personal contact to:
       1. Ensure you have uploaded your results correctly or,
       2. Consult with you regarding next steps.
       3. If Marko is unable to contact you or in addition to contacting you, and if Marko considers the issue is urgent or critical and/or it is in your best interests to escalate contact, Marko may contact a relevant registered Health Practitioner or provider, or public emergency service (including the Police or other such authority). For the avoidance of doubt, we confirm that Marko is under no obligation and is not liable or responsible to escalate contact if Marko has reasonably assessed that there were no urgent or critical issues 'flagged'. Marko is also not liable or responsible for any adverse outcomes, loss or damages resulting from subsequent acts or omissions by Marko or any third party, if Marko has reasonably assessed that it was necessary to escalate contact.
12. Marko is not responsible for any adverse reactions, side effects or other symptoms you may experience as a result of acting on any recommendation Marko gives you. You are solely responsible for:
    1. Ensuring any dietary supplements taken or dietary changes made by you on the basis of Marko's nutritional guidance or recommendations complies with your dietary and allergy requirements;
    2. Seeking medical assistance from your health professional or another suitable Health Practitioner for any adverse reaction to any dietary supplements taken or dietary changes made by you on the basis of Marko's nutritional guidance or recommendations. We recommend seeking advice from a suitable registered Health Practitioner if you have any existing health conditions and have concerns about the impact of taking any dietary supplements or making dietary changes on the basis of Marko's nutritional guidance or recommendations; and
    3. Understanding that if symptoms persist you will immediately stop taking the supplements in question and seek advice from a registered Health Practitioner.

Responsibility for testing

13. Marko does not provide and is not responsible for diagnostic laboratory testing services or their performance.
14. Marko will provide you with a self-request form setting out the blood markers Marko will interpret. You have the option to either:
    1. Use existing blood test results which include the categories of tests set out by Marko, provided such tests have been obtained within the last 6 months; or
    2. Obtain new blood test results. Marko may recommend a diagnostic laboratory testing service provider who Marko is aware has the capability to perform the tests required. You are not obliged to use the recommended provider.
15. Marko recommends that you obtain new blood test results every three months for specified categories that are identified as not-optimal test results. Marko will provide you with a self-request form for this purpose if this is relevant to you.
16. You are solely responsible for:
    1. If obtaining new blood test results, obtaining the tests set out in the self-request form, complying with any instructions from your selected diagnostic laboratory testing service provider, and providing/uploading your blood test results to Marko's online website 'portal'; and
    2. If using existing blood test results, providing/uploading the test results to Marko's online website 'portal'.
17. If you choose to utilise Marko's 'automated upload service' you agree and understand Marko takes no responsibility for the accuracy of these uploads, and that they may contain omissions or errors.
18. Marko is not responsible for:
    1. Any failure of your selected diagnostic laboratory testing service provider to provide the testing service to you, including but not limited to, any injury or adverse reaction you may suffer when a sample is being taken, any loss, delay or damage to the sample, and any failure to properly test and provide accurate test results to you;
    2. Any inaccuracies in the information and test results you make available to Marko (whether existing or newly obtained), and any resulting inaccuracies in the interpretation of test results and guidance Marko provides.
    3. Any mistakes, omissions or errors made by the testing laboratory that are subsequently uploaded.

Ending the Services

19. Marko provides the Services on the basis you have:
    1. Registered with Marko and purchased the Services online through Marko's website; and
    2. Provided Marko with all of the information and test results as requested in order for Marko to carry out an assessment and provide the Services.
20. Marko will not be liable to you or anyone else under any circumstances for:
    1. Any failure to act on any recommendation Marko gives you, including any recommended dosage, any recommendation that you seek further medical guidance, or any recommendation to obtain new blood test results for the purpose of monitoring and assessing changes over time;
    2. Any decision by you to cease receiving Marko's Services.
    3. Any and all outcomes that occur as a result of any information you give to a third-party following receipt of guidance and/ or recommendations via the Marko platform, staff or associates.

Your rights under the Code of Health and Disability Services Consumers' Rights

21. Marko informs you that you, as a consumer, have the rights under the Code of Health and Disability Services Consumers' Rights (the Code), including the right to give or refuse informed consent to services and the right to complain. You can find a copy of the Code and more information on the Health and Disability Commissioner's website. You can also find a copy of Marko's Complaints Policy here.
22. Marko, as a provider of health services, acknowledges that we are subject to the duties in this Code.

Limitation of liability

23. The Consumer Guarantees Act 1993 and Fair Trading Act 1986 may provide you with rights, guarantees, warranties and remedies relating to our Services which we cannot exclude, alter or contract out of. Marko excludes all other guarantees, warranties or terms implied by law. The Services are provided without warranties of any kind, either express or implied. To the fullest extent permitted by law, Marko and its developers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services.
24. Our Services may involve third-party services and products or information from third-party sources. Marko is not liable for the content, accuracy, or reliability of third-party services. Your use of third-party services is subject to their respective terms and conditions.