These terms and conditions (Terms and Conditions) regulate the relationship between you, a user of this website www.drtiarnaernst.com.au (Dr Tiarna Ernst Website) and City Fertility Pty Ltd (ACN 105 976 056) (“CF”, “we”, “us”, “our”).
1. Terms and Conditions
1.1 These Terms and Conditions and our Privacy Policy (together, referred to as Terms and Conditions) apply to you as a visitor to the Dr Tiarna Ernst Website.
Any information submitted to this website, will be collected by CF in accordance with our Privacy Policy
https://www.cityfertility.com.au/wp-content/uploads/2019/03/privacy-policy-clinician-website.pdf
2. Use of Website
2.1 As a condition of your use of the Dr Tiarna Ernst Website, you warrant to CF that you will not use the Dr Tiarna Ernst Website for any purpose that is unlawful or prohibited by the Terms and Conditions.
2.2 You may not use the Dr Tiarna Ernst Website in any manner which could damage, disable, overburden, or impair the Dr Tiarna Ernst Website or interfere with any other party’s use and enjoyment of the Dr Tiarna Ernst 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 Tiarna Ernst Website.
2.3 All information, advice, articles or other data on the Dr Tiarna Ernst Website, including but not limited to any information provided by CF 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 Tiarna Ernst 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 Tiarna Ernst 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 CF has made every reasonable attempt to ensure the accuracy of the information contained within the Dr Tiarna Ernst Website, CF cannot accept responsibility for any error, omission, misrepresentation, or misstatement contained in these pages. CF does not guarantee the information is complete, correct or up to date and the information is subject to change without notice.
2.5 CF does not guarantee the availability of any services and treatments advertised in the Dr Tiarna Ernst 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 CF provides the Dr Tiarna Ernst Website on an “AS IS” and “AS AVAILABLE” basis. CF does not accept any responsibility of liability for any computer virus infection arising from the Dr Tiarna Ernst Website.
2.7 If you are dissatisfied with any portion of the Dr Tiarna Ernst Website, or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Dr Tiarna Ernst Website.
3. Security of Website
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst CF strives to protect such information, CF 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 Tiarna Ernst Website is transmitted at your own risk.
4. Liability of CF
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 CF has not made any representations or warranties in relation to the Dr Tiarna Ernst Website.
4.2 CF does not give any warranty nor accept any liability in relation to performance or non-performance of its obligations under these CF Terms and Conditions except to the extent, if any, required by law or specifically provided for in these CF Terms and Conditions.
4.3 CF’s liability for any loss in connection with your use of the website, or for CFs breach of these CF 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 CF Terms & Conditions shall apply for the benefit of the employees and agents of CF to the same extent as they apply for the benefit of CF against you or anyone claiming through or under you.
4.5 To the maximum extent permitted by applicable law, in no event shall CF 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 Tiarna Ernst Website, with the delay or inability to use the Dr Tiarna Ernst 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 Tiarna Ernst Website, or otherwise arising out of the use of the Dr Tiarna Ernst Website, whether based on contract, tort, negligence, strict liability or otherwise, even if CF has been advised of the possibility of damages.
5. Indemnity
You agree to indemnify CF 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 Tiarna Ernst 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 CF or its related corporations own or are licensed to use all Intellectual Property Rights in the Dr Tiarna Ernst Website (including, but not limited to, any images, photographs or text which appears on the Dr Tiarna Ernst Website). You agree that you will not make any representations to the contrary, and that you will not use or copy the Dr Tiarna Ernst 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 Tiarna Ernst Website are owned by or licensed to CF 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. Privacy
7.1 In some instances in using the Dr Tiarna Ernst 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 CF.
7.2 If you have selected that you agree to receive promotional material, you consent to receiving the material that CF sends to you as a result of you providing your personal information to CF during any of the instances mentioned in paragraph 10.1.
7.3 If at any time you do not wish to receive any further material from CF you may unsubscribe by simply sending an email with the subject line “unsubscribe” to specialist@cityfertility.com.au or by clicking on “unsubscribe” at the bottom of the email containing the promotional material.
We will comply with the terms of our privacy policy, which can be found here
https://www.cityfertility.com.au/wp-content/uploads/2019/03/privacy-policy-clinician-website.pdf and you consent to the terms of that privacy policy.
8. Linked Sites
8.1 The Dr Tiarna Ernst Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CF and CF 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 CF does not make any warranty, representation or endorsement with respect to any Linked Site or the products or services advertised on a Linked Site.
8.3 CF is not responsible for the privacy practices of sites linked to it via hyperlinks, banner advertising or other means. Please take care at all times to check the privacy policy of the site you are visiting.
9. Termination
CF reserves the right, in its sole discretion, to terminate your access to the Dr Tiarna Ernst Website and the related services or any portion thereof at any time, without notice.
10. General
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. Consent
11.1 By using the Dr Tiarna Ernst 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 Tiarna Ernst Website, after which, your later agreement under clause 14.1 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.