These terms and conditions (Terms and Conditions) regulate the relationship between you, a user of this website www.rainbowfertility.com.au (RF Website) and Rainbow Fertility (“RF”, “we”, “us”, “our”).
2.1 As a condition of your use of the RF Website, you warrant to RF that you will not use the RF Website for any purpose that is unlawful or prohibited by the Terms and Conditions.
2.2 You may not use the RF Website in any manner which could damage, disable, overburden, or impair the RF Website or interfere with any other party’s use and enjoyment of the RF 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 RF Website.
2.3 All information, advice, articles or other data on the RF Website, including but not limited to any information provided by RF 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 RF 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 RF 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 RF has made every reasonable attempt to ensure the accuracy of the information contained within the RF Website, RF cannot accept responsibility for any error, omission, misrepresentation, or misstatement contained in these pages. RF does not guarantee the information is complete, correct or up to date and the information is subject to change without notice.
2.5 RF does not guarantee the availability of any services and treatments advertised in the RF 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 RF provides the RF Website on an “AS IS” and “AS AVAILABLE” basis. RF does not accept any responsibility of liability for any computer virus infection arising from the RF Website.
2.7 If you are dissatisfied with any portion of the RF Website, or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue using the RF Website.
3.2 In order to use RF 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 RF Chat account. It is your responsibility to maintain the confidentiality of your user name and password for your RF Chat account. If you become aware of any misuse by an unauthorised third party of your RF Chat account, then you should notify us immediately.
3.4 You grant RF 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 RF via RF Chat.
4.1 The RF Website also provides forums and blogs on the RF Website.
4.2 RF 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 RF Website).
4.3 Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by RF.
4.4 RF 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 RF’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 RF 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 RF 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 RF against any loss, liability, damage or expense of whatever nature which RF or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the RF Website to send or post any such message or material.
4.6 Some of the content on the RF Website is provided by RF or its suppliers, and other content is provided by persons who use the RF Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs or forums. While RF strives to keep the content that it posts on the RF Website accurate, complete, and up-to-date, RF cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by RF or its suppliers, or by Users of the RF Website.
4.7 You are responsible for all content that you submit, post, or otherwise make available to or through the RF Website. By doing so, you:
(a) represent and warrant to RF 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 RF 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 RF 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 RF strives to protect such information, RF 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 RF 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 RF has not made any representations or warranties in relation to the RF Website.
6.2 RF does not give any warranty nor accept any liability in relation to performance or non-performance of its obligations under these RF Terms and Conditions except to the extent, if any, required by law or specifically provided for in these RF Terms and Conditions.
6.3 RF’s liability for any loss in connection with your use of the website, or for RFs breach of these RF 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 RF Terms & Conditions shall apply for the benefit of the employees and agents of RF to the same extent as they apply for the benefit of RF against you or anyone claiming through or under you.
6.5 To the maximum extent permitted by applicable law, in no event shall RF 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 RF Website, with the delay or inability to use the RF Website or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the RF Website, or otherwise arising out of the use of the RF Website, whether based on contract, tort, negligence, strict liability or otherwise, even if RF has been advised of the possibility of damages.
You agree to indemnify RF 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 RF Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
8.1 RF or its related corporations own or are licensed to use all Intellectual Property Rights in the RF Website (including, but not limited to, any images, photographs or text which appears on the RF Website). You agree that you will not make any representations to the contrary, and that you will not use or copy the RF 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 RF Website are owned by or licensed to RF 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 RF 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 RF.
9.2 If you have selected that you agree to receive promotional material, you consent to receiving the material that RF sends to you as a result of you providing your personal information to RF 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 RF 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 RF Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RF and RF 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 RF does not make any warranty, representation or endorsement with respect to any Linked Site or the products or services advertised on a Linked Site.
RF reserves the right, in its sole discretion, to terminate your access to the RF 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 RF 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 RF 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.
Current as at 01.02.2016