Clinician’s Website Terms & Conditions
Current as at 19 March 2019
These terms and conditions (Terms and Conditions) regulate the relationship between you, a user of this website www.davidwilkinsonfertility.com.au (Dr David Wilkinson Website) and City Fertility Centre Pty Ltd (ACN 105 976 056) (“CFC”, “we”, “us”, “our”).
1. Terms and Conditions
2. Use of Website
2.1 As a condition of your use of the Dr David Wilkinson Website, you warrant to CFC that you will not use the Dr David Wilkinson Website for any purpose that is unlawful or prohibited by the Terms and Conditions.
2.2 You may not use the Dr David Wilkinson Website in any manner which could damage, disable, overburden, or impair the Dr David Wilkinson Website or interfere with any other party’s use and enjoyment of the Dr David Wilkinson 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 Dr David Wilkinson Website.
2.3 All information, advice, articles or other data on the Dr David Wilkinson 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 Dr David Wilkinson 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 Dr David Wilkinson 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 Dr David Wilkinson 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 Dr David Wilkinson
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 Dr David Wilkinson 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 Dr David Wilkinson
2.7 If you are dissatisfied with any portion of the Dr David Wilkinson Website, or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Dr David Wilkinson Website.
3. Security of Website
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 Dr David Wilkinson Website is transmitted at your own risk.
4. Liability of CFC
4.1 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 Dr David Wilkinson
4.2 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.
4.3 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.
4.4 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.
4.5 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 Dr David Wilkinson Website, with the delay or inability to use the Dr David Wilkinson Website or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the Dr David Wilkinson Website, or otherwise arising out of the use of the Dr David Wilkinson 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 Dr David Wilkinson Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
6. Intellectual Property Rights
You acknowledge that:
6.1 CFC or its related corporations own or are licensed to use all Intellectual Property Rights in the Dr David Wilkinson Website (including, but not limited to, any images, photographs or text which appears on the Dr David Wilkinson Website). You agree that you will not make any representations to the contrary, and that you will not use or copy the Dr David Wilkinson 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,
6.2 any trade marks or logos which appear on the Dr David Wilkinson 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.
7.1 In some instances in using the Dr David Wilkinson 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.
7.2 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 1.
7.3 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 email@example.com or by clicking on “unsubscribe” at the bottom of the email containing the promotional material.
8. Linked Sites
8.1 The Dr David Wilkinson 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.
8.2 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 Dr David Wilkinson Website and the related services or any portion thereof at any time, without notice.
10.1 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.
10.2 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.
11.1 By using the Dr David Wilkinson Website you are agreeing to these Terms and Conditions.
11.2 We reserve the right to modify our Terms and Conditions as our business needs require. We will post such changes on the Dr David Wilkinson Website, after which, your later agreement under clause 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.