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