Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. This websites of fertl.com.au, app.fertls.com, amhtest.com.au, spermtest.com.au, female360.com.au, male360.com.au, and elements-360.com.au are created, owned, and controlled by Fertl Pty Ltd (ABN 52 661 295 361).
Fertl Pty Ltd provides administrative and management services to the medical practitioners who provide online medical and healthcare services to users. All information and services of Fertl Pry Ltd and all websites and social media are intended for users residing in Australia.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Fertl Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
1.1 We reserve the right to change, modify, add or remove portions of these terms at any time. Please regularly check these terms prior to using our website to ensure you are aware of any changes. We will aim to highlight any significant or substantive changes to you when possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Fertl Pty Ltd’s rights and obligations to each other.
LIMITATION OF LIABILITY
2.1 Fertl Pty Ltd is not a healthcare provider and is not liable in any respect for your care or for advice provided to you by a partner practitioner. To the extent permitted by law, Fertl Pty Ltd is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on our website or due to the fact that website content is wrong, incomplete or out of date. Fertl Pty Ltd does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of our website for any reason whatsoever.
2.2 Fertl Pty Ltd and all of its Information on websites, social media, applications are for general educational and self-organizational purposes. None of the information should be considered or used as medical advice or recommendation to any person.
2.3 It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.4 It is your responsibility to advise your personal doctor of any medications or treatments our partner practitioners have prescribed to you. However, if you would like our partner practitioner or partner provider to forward information to your personal doctor on your behalf, please let your partner practitioner know and provide your written consent for us to do so.
2.5 Fertl Pty Ltd disclaims any liability arising from the actions of partner practitioners or partner providers. The liability for the actions of partner practitioners or partner providers, including advice provided and prescriptions ordered, prepared and filled through our website, rests solely with those third parties providers.
2.6 All health related queries should be directed to partner practitioners and partner providers and not to Fertl Pty Ltd. Their contact details will be provided to you by contacting email@example.com.
2.7 These Website Policies & Terms or any part of these Website Policies & Terms do not constitute medical advice.
COMPETITION AND CONSUMER ACT
3.1 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Fertl Pty Ltd’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
3.2 You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
4.1 Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 to 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly as we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Fertl Pty Ltd.
4.2 Digital goods are delivered immediately. Please be aware that there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us for assistance.
RETURNS AND REFUNDS
4.3 Fertl Pty Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
4.4 Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the purchased goods. Unopened goods will be refunded in full. Refunds will be processed promptly and will reflect on the original payment method. All refunds are made at the discretion of Fertl Pty Ltd.
4.5 Under the cases of permanent account deletion requested and confirmed by the Fertl Pty Ltd user, no refunds will be issued for the remaining duration of their fully paid subscription.
LINKS TO OTHER WEBSITES
5.1 Fertl Pty Ltd may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not imply sponsorship, endorsement, nor approval or arrangement between Fertl Pty Ltd and the owners of those websites. Fertl Pty Ltd takes no responsibility for any of the content found on the linked websites.
5.2 Fertl Pty Ltd’s website may contain information or advertisements provided by third parties for which Fertl Pty Ltd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are only making a ‘recommendation’ and not providing any advice, nor do we take any responsibility for any advice received in this regard.
6.1 To the fullest extent permitted by law, Fertl Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Fertl Pty Ltd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
6.2 Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability or otherwise.
6.3 Fertl Pty Ltd and all of its Information on websites, social media, applications are for general educational and self-organizational purposes. None of the information should be considered or used as medical advice or recommendation to any person. All information provided on the Fertl Pty Ltd is general in nature and does not constitute medical or any other form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.
6.4 It is your sole responsibility, not the responsibility of Fertl Pty Ltd, to bear any and all costs of servicing, repairs or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure that you are aware of any risks by using this website or any products or services that may be offered through it. It is your responsibility to do so.
6.5 Fertl Pty Ltd does not itself provide any medical or health service but merely provides the platform which enables you to access health services from a third party health care provider (‘Practitioner’). Fertl Pty Ltd takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a partner. You and your partner practitioner or partner provider are responsible for the conduct of each consultation and all information or communications made.
6.7 Fertl Pty Ltd does not guarantee that a consultation with a Partner is suitable for you. Fertl Pty Ltd does not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health care problem. The partner practitioner has the sole discretion to decide whether or not a telehealth consultation is appropriate, whether or not to provide any particular service, and to determine the health services required.
7.2 You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Fertl Pty Ltd’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
8.1 We do not and will not sell or deal personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands, and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services, but not for any other use.
DISCLOSURE OF INFORMATION
9.1 Fertl Pty Ltd may be required, in certain circumstances, to disclose information in good faith and when Fertl Pty Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
10.1 If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Fertl Pty Ltd. Fertl Pty Ltd expressly excludes and does not permit you to use or access our website to download any documents or information from its website or obtain any documents or information through a third party. If you breach this term, then Fertl Pty Ltd will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you may make from such unauthorized and improper use. Fertl Pty Ltd reserves the right to exclude and deny access to our website, services or information at our sole discretion, to any person.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
11.1 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, electronically transmit or otherwise, or distribute any of the materials, documents or products that may be available for download from time to time on this website.
11.2 Fertl Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website, and we reserve the right to take action against you if you breach any of these terms.
11.3 Any redistribution or reproduction of a part or all of the content in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
11.4 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
12.1 These terms and conditions represent the whole agreement between you and Fertl Pty Ltd, concerning your use and access to Fertl Pty Ltd’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms, except those implied by statute and which cannot be expressly excluded, are hereby expressly excluded.
12.2 These terms apply except to the extent of any inconsistency with any applicable law. If any provision of these terms is void, illegal, invalid or unenforceable, the terms will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable. For the avoidance of doubt, nothing in these terms is intended to exclude, restrict or modify your rights including under consumer protection laws, which cannot be excluded, restricted or modified.
EXCLUSION OF UNENFORCEABLE TERMS
13.1 Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
CLASSIFIEDS – ADVERTISERS
14.1 By providing content or posting directly on Fertl Pty Ltd, you represent that you have the title and right to this information and content. You own it and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third-party rights.
14.2 If we have reasonable grounds to suspect the information you provide in any profile or on our site is untrue, inaccurate or incomplete, or that you have breached any terms and conditions on Fertl Pty Ltd, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion, we have the right to immediately withdraw the content and terminate your account. We may also deny the use of our website to you in the future and are not obligated to return any subscription or registration monies.
14.3 You agree to defend, indemnify and hold Fertl Pty Ltd, its officers, directors, members and agents harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your breach of our terms and conditions, content you may provide to our website, and any activity you may engage in, through our website or use of our website.
CLASSIFIEDS – VISITORS
15.1 By using our website, you acknowledge that our advertisers are third-party advertisers and we do not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with Fertl Pty Ltd. Fertl Pty Ltd is merely a passive conduit as provider for the advertising service and does not have any association beyond this.
15.2 Fertl Pty Ltd does not make any representation to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by these third parties. Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to their content and you therefore use those websites and services at your own risk.
15.3 Fertl Pty Ltd is not responsible for any loss, damage or issues you may have with the advertiser and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services. We also cannot confirm that the information on any of the third-party advertising sites is accurate or up-to-date.
15.4 This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Fertl Pty Ltd that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.