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Terms of Use

Natural Fertility Management Pty Ltd

Acceptance of Terms

Thank you for selecting Natural Fertility Management Pty Ltd (we, us or our as the context requires). The Natural Fertility Management website (the Website) provides you, your partner and children, with holistic, effective and safe solutions for all of your reproductive health needs throughout life; from puberty to menopause, contraception to conception, preconception health care to treatments for fertility problems, pregnancy health care to birth, breastfeeding and beyond. We provide you with general health care during infancy and childhood, and both general and reproductive health care for men and women throughout adulthood (Services). The Website is available for viewing by any person.

You are entitled to use the Services provided by the Natural Fertility Management Website on the condition that you accept these terms and conditions by clicking the I ACCEPT button at the bottom of this page. We offer the use of the Website to you on your acceptance without modification of these terms, conditions and notices (Terms of Use or Agreement). You acknowledge that we reserve the right to change these Terms of Use at any time. We will provide notice of material changes to these Terms of Use on our home page. Your continued use of the Website after such notice has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of these Terms of Use posted from time to time. You should periodically check the Terms of Use link to view the then current terms. If you breach any of the Terms of Use, your authorisation to use the Website automatically terminates.


Description of Services

In consideration of your use of the Services and in agreeing to these Terms of Use, you acknowledge and agree that:

    • our website is provided on an 'as is, as available' basis.
    • nothing contained or implied in these Terms of Use gives you ownership of or gives rise to any proprietary interest in any intellectual property rights in the Website.
    • we will not be liable for any loss that you may incur as a result of your use of the Website or the Services.
    • you will comply with all applicable laws and regulations relating to your use of the Website.

Your Conduct

You agree that you will not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not use the Website or the Services in any manner which could damage, disable, or impair any of the Website or the Services offered by us. You agree that you will not impair the use and enjoyment of any other user of the Website or the Services.

You agree not to use the Website or the Services to violate or infringe any person's Australian or international intellectual property rights (including copyright, patent, trademark, design, business name, domain name, trade secret or confidential information) whether or not registrable in Australia or in any other jurisdiction.

In addition you agree not to use the Website or the Services in connection with any spamming, chain letters, junk email, bulk communications or pyramid schemes. You may not use the Website or the Services to defame, abuse, stalk, threaten or otherwise violate the legal rights of any other user of the Services or any internet user in general.


Our Privacy Policy

We highly value the strong relationships we have with our clients and will comply with the Privacy Act (Private Sector Amendment Act) 2000 at all times.

We understand the importance of privacy to clients and users of this website. This privacy statement outlines how in the context of this web site your information is used, protected and recorded. By using the website you consent to the uses mentioned.

We are constantly seeking to improve the means of providing you with the services you require and so this website and its operation will be up-dated from time to time. Because of this and other reasons this privacy statement may periodically be amended.

Information Logged

Our server records the information provided by your browser when you visit this website. This includes the date and time of your visit, the pages accessed and documents downloaded. It also includes your server's IP address and if you have been referred to this website from another site, the address of the referring site. We mostly use the information to make this website more user-friendly and useful to visitors and to monitor site use.

Information on client shopping behaviour, traffic and online activity is periodically collected from online clients and is only ever used in an aggregated form.

The information allows us to better understand the needs and preferences of our clients. This understanding translates into a better, more relevant range of Services.

Information Security

We take all reasonable steps to protect your security when using the Website but you should be aware that no transmission of information to and from web sites is ever totally secure.

More information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au

 

Warranties, Indemnities and Disclaimer

You represent and warrant, as at the date of your acceptance of these Terms of Use, that this Agreement constitutes legal, valid and binding obligations, enforceable against you in accordance with its terms (except to the extent limited by equitable principles and laws affecting creditors' rights generally).

You must at all times indemnify us and hold harmless us and our officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused directly or indirectly by:

    • a breach by you of your obligations under this Agreement; or
    • any wilful, unlawful or negligent act or omission by you or your employees or officers.

Natural Fertility Management has made all reasonable endeavours to ensure that the information and advice provided to its clients in relation to Natural Fertility Management, including information concerning techniques, methods and available products is accurate and up to date. However, clients who rely on this information do so at their own risk and no warranty, express or implied, is made in regard to the content of the information. Furthermore the information should NOT be used as a substitute for the advice of an appropriately qualified and licensed physician or other health care provider which may vary depending on individual circumstances. Natural Fertility Management shall accept no liability in the event of incidental or consequential damages in connection with, or arising from, the use of information or products supplied by Natural Fertility Management.

You acknowledge and agree that our maximum liability for any and all claims arising under or in relation to this Agreement will not exceed, in the aggregate, any amounts paid by you to us for our services and/or products under this Agreement.

You acknowledge and agree that in entering this Agreement, you do not do so on the basis of and do not rely on any representation, warranty or undertaking made by us or on our behalf, express or implied, which has not been stated expressly in this Agreement or upon any descriptions, illustrations or specifications contained in any document or other material produced by us.


Disclaimer Of Warranties

Except for the warranties provided in the warranty certificate, you acknowledge and agree that we do not provide any warranties in respect of the Services. This does not exclude or limit the application of any statutory provision (including the Trade Practices Act 1974 (Cth)) where to do so would:

    • contravene that statute; or
    • cause any part of this clause to be void,

(Non-Excludable Condition).

To the extent allowed by Australian law, we are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue or goodwill, however caused and our liability to you for breach of a Non-Excludable Condition as it relates to the Services is limited, at our option to:

    • if the breach relates to goods:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired, and
    • if the breach relates to services:

      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again

Force Majeure

We will not be liable for any delay or failure to perform our obligations if such delay is directly or indirectly due to Force Majeure. If we are unable to perform, or are delayed in performing, any of our obligations under this Agreement due to Force Majeure, then any such inability or delay does not constitute a breach of this Agreement and all our obligations are suspended while the Force Majeure continues.

In this clause Force Majeure means a circumstance beyond our reasonable control and which results in us being unable to observe or perform on time an obligation under this Agreement including, without limitation:

    1. acts of God, lightning strikes, earthquakes, floods, droughts, storms, explosions, fires and any natural disaster;
    2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
    3. the effect of any applicable laws, orders, rules or regulations of any government or other competent authority;
    4. embargo, inability to obtain necessary materials, equipment, components, parts, machinery, communication facilities or transportation;
    5. strikes and any other form of industrial disturbance; or
    6. power blackouts or the failure of any power infrastructure.

Intellectual Property

Natural Fertility Management is the owner of the copyright in this work. This work was made/published by Natural Fertility Management Pty Ltd in 1996.

This work is the confidential property of Natural Fertility Management Pty Ltd and must not be reproduced in any material form or disclosed to any unauthorised person without the prior written consent of Natural Fertility Management Pty Ltd.

The NATURAL FERTILITY MANAGEMENT device and the BETTER BABIES device are trade marks of Natural Fertility Management Pty Ltd in Australia. The names of actual companies and products reproduced on the Website may be the trade marks of their respective owners.

The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Natural Fertility Management Pty Ltd and is protected by Australian and international copyright laws. All software used on this site is the property of Natural Fertility Management Pty Ltd or the property of its software suppliers and protected by Australian and international copyright laws.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.


General

Severability

If any provision of these Terms of Use offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:

    • where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
    • in any other case the offending provision must be severed from these Terms of Use in which event the remaining provisions of these Terms of Use operate as if the severed provision had not been included.

No Right of Set-Off

Unless these Terms of Use expressly provide otherwise, you have no right of set-off against a payment due to us.

Governing Law and Jurisdiction

These Terms of Use are governed by and must be construed in accordance with the laws of the State of New South Wales. You submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms of Use.

This site may be accessed throughout Australia and overseas. We make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

 

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Natural Fertility Management™ Pty Ltd  2015 Ph:+ 61 2 9268 9000  Fax:+61 2 9267 6377  email: enquiries@fertility.com.au   Privacy & Disclaimer   sitemap    design by Web Precinct