These terms and conditions (Terms and Conditions) regulate the relationship between you, a user of this website www.spermdonorsaustralia.com.au (CFC Website) and City Fertility Centre Pty Ltd (ACN 105 976 056) (“CFC”, “we”, “us”, “our”).
2.1 As a condition of your use of the CFC Website, you warrant to CFC that you will not use the CFC Website for any purpose that is unlawful or prohibited by the Terms and Conditions.
2.2 You may not use the CFC Website in any manner which could damage, disable, overburden, or impair the CFC Website or interfere with any other party’s use and enjoyment of the CFC Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CFC Website.
2.3 All information, advice, articles or other data on the CFC Website, including but not limited to any information provided by CFC in any forum, blog or online chat facility, is provided as general information only and should not be relied upon, including but not limited to any medical information. The CFC Website is provided as a general information service only, and is not intended as a substitute for advice from a registered physician or other healthcare professional. The features, advice and other materials available on the CFC Website are intended to support the relationship between you and our healthcare providers and not replace it. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials.
2.4 Although CFC has made every reasonable attempt to ensure the accuracy of the information contained within the CFC Website, CFC cannot accept responsibility for any error, omission, misrepresentation, or misstatement contained in these pages. CFC does not guarantee the information is complete, correct or up to date and the information is subject to change without notice.
2.5 CFC does not guarantee the availability of any services and treatments advertised in the CFC Website.
2.6 Without limitation to your rights under the Australian Consumer Law, to the extent such rights apply in connection with this website, you acknowledge that CFC provides the CFC Website on an “AS IS” and “AS AVAILABLE” basis. CFC does not accept any responsibility of liability for any computer virus infection arising from the CFC Website.
2.7 If you are dissatisfied with any portion of the CFC Website, or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue using the CFC Website.
3.2 In order to use CFC Chat, you may also be required to set up a username and password in order to access the live chat service.
3.3 You are responsible for all uses of your CFC Chat account. It is your responsibility to maintain the confidentiality of your user name and password for your CFC Chat account. If you become aware of any misuse by an unauthorised third party of your CFC Chat account, then you should notify us immediately.
3.4 You grant CFC an irrevocable, perpetual, transferrable, world-wide, royalty free licence to use any Intellectual Property Rights which may exist in any submission or content you provide CFC via CFC Chat.
4.1 The CFC Website also provides forums and blogs on the CFC Website.
4.2 CFC is not responsible for any material submitted to the public areas by you (which include bulletin boards, forums, blogs, hosted pages, chat rooms, or any other public area found on the CFC Website).
4.3 Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by CFC.
4.4 CFC reserves the right to moderate all comments and remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may (including but not limited to):
(a) defame, abuse, harass, threaten or otherwise violate the rights of other users or any third parties;
(b) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
(c) post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of CFC’s and/or a third party’s computer system and/or network;
(d) violate any copyright, trade mark, other applicable laws or intellectual property rights of CFC or any other third party; or
(e) submit content containing marketing or promotional material which is intended to solicit business.
4.5 You further agree not to use the CFC Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify CFC against any loss, liability, damage or expense of whatever nature which CFC or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the CFC Website to send or post any such message or material.
4.6 Some of the content on the CFC Website is provided by CFC or its suppliers, and other content is provided by persons who use the CFC Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs or forums. While CFC strives to keep the content that it posts on the CFC Website accurate, complete, and up-to-date, CFC cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by CFC or its suppliers, or by Users of the CFC Website.
4.7 You are responsible for all content that you submit, post, or otherwise make available to or through the CFC Website. By doing so, you:
(a) represent and warrant to CFC that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such content;
(b) grant to CFC a worldwide, nonexclusive, perpetual, sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such content (in whole or part) worldwide via the CFC Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed and
(c)consent to all relevant acts or omissions in relation to your moral rights in such content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such content.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst CFC strives to protect such information, CFC does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us via the CFC Website is transmitted at your own risk.
6.1 Without limitation to your rights under the Australian Consumer Law, to the extent such rights apply in connection with this website, you acknowledge that CFC has not made any representations or warranties in relation to the CFC Website.
6.2 CFC does not give any warranty nor accept any liability in relation to performance or non-performance of its obligations under these CFC Terms and Conditions except to the extent, if any, required by law or specifically provided for in these CFC Terms and Conditions.
6.3 CFC’s liability for any loss in connection with your use of the website, or for CFCs breach of these CFC Terms and Conditions or any implied warranty, is limited, cumulatively in the aggregate, to the sum of AUD $10.00.
6.4 All limitations of liability under these CFC Terms & Conditions shall apply for the benefit of the employees and agents of CFC to the same extent as they apply for the benefit of CFC against you or anyone claiming through or under you.
6.5 To the maximum extent permitted by applicable law, in no event shall CFC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the CFC Website, with the delay or inability to use the CFC Website or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the CFC Website, or otherwise arising out of the use of the CFC Website, whether based on contract, tort, negligence, strict liability or otherwise, even if CFC has been advised of the possibility of damages.
You agree to indemnify CFC against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the CFC Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
You acknowledge that:
8.1 CFC or its related corporations own or are licensed to use all Intellectual Property Rights in the CFC Website (including, but not limited to, any images, photographs or text which appears on the CFC Website). You agree that you will not make any representations to the contrary, and that you will not use or copy the CFC Website in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. For the purposes of these Terms and Conditions, Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967,
8.2 Any trade marks or logos which appear on the CFC Website are owned by or licensed to CFC or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
9.1 In some instances in using the CFC Website, such as (but without limitation) filling out survey questionnaires, booking an appointment, requesting further information or sending us an enquiry, you will have provided personal information to CFC.
9.2 If you have selected that you agree to receive promotional material, you consent to receiving the material that CFC sends to you as a result of you providing your personal information to CFC during any of the instances mentioned in paragraph 9.1.
9.3 If at any time you do not wish to receive any further material from CFC you may unsubscribe by simply sending an email with the subject line “unsubscribe” to firstname.lastname@example.org or by clicking on “unsubscribe” at the bottom of the email containing the promotional material.
10.1 The CFC Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CFC and CFC is not responsible for the contents of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.
10.2 CFC does not make any warranty, representation or endorsement with respect to any Linked Site or the products or services advertised on a Linked Site.
CFC reserves the right, in its sole discretion, to terminate your access to the CFC Website and the related services or any portion thereof at any time, without notice.
12.1 These Terms and Conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
12.2 If anything in this document is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.
13.1 By using the CFC Website you are agreeing to these Terms and Conditions.
13.2 We reserve the right to modify our Terms and Conditions as our business needs require. We will post such changes on the CFC Website, after which, your later agreement under clause 13.1 to these terms shall be deemed to be your agreement to the modified terms. You should periodically check this page to ensure that you are aware of the latest Terms and Conditions.