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TERMS OF SERVICE — The Clinic

TERMS OF SERVICE

OVERVIEW

Thank you for visiting https://www.theclinic.net.au, or , or one of our social media pages:

Facebook: https://www.facebook.com/TheClinicAU

Instagram: https://www.instagram.com/theclinicau/

Youtube: https://www.youtube.com/channel/UCWeUQ__yhkK5wHAq0ynMnJQ

 

 (together referred to below as the “website”, “site”, “store” or “online store”).

 

This website is operated by The Clinic International Pty Ltd ACN 600 043 178 (“The Clinic International”) and The Clinic Pty Ltd ACN 089 079 989 (“The Clinic”). Throughout the site, the terms “we”, “us” and “our” refer to The Clinic and/or The Clinic International (as the context requires). We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing or using a product or service provided by us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of our Service.

 

SECTION 2 - PROMOTIONS AND COMPETITIONS

For certain campaigns, promotions or competitions organised by us, additional terms and conditions may apply.  If you want to participate in such a campaign, promotion or competition, you will be required to agree to the relevant terms and conditions applicable to that campaign, promotion or competition.  In case of any inconsistency between such terms and conditions and these Terms, those additional terms and conditions will prevail.

 

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse to provide our Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

This website, our Service and any products or services provided by us are for your personal, non-commercial use only.  You must not use this website or our Service nor purchase any products or services from us to further any commercial purpose in any circumstance.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. We have made every effort to display as accurately as possible the colours and images of our products that appear on our site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material on this site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by your use of this site. We expressly exclude any liability for any loss or damage arising from your use of this site or the Service, to the fullest extent permitted by law.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 - PRICES

All prices displayed are expressed in the currency you selected from those available on the Site and are exclusive of any applicable taxes unless otherwise expressly stated. The prices do not include any applicable fees for shipping or delivery. Delivery fees will be charged where applicable and will be included in the order total upon checkout.

 

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 7 - PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 8 - YOUR ACCOUNT

You may register an account in the course of ordering any products or services from us via the site (“Account”).  By registering an Account. you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence.  You may also complete your purchase as a guest, in which case you do not need to register an account in the course of ordering products.

If you register an Account, it is your responsibility to keep the details of your Account (such as username and password) confidential and to keep the details of your Account (including delivery and payment information) complete, accurate and up to date. You agree that you are liable for all activity on your Account, including any purchases made using your account details on the site. You agree that we may immediately suspend, terminate or limit your access to your Account without further notice to you if you breach these Terms.

 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 10 - TITLE AND RISK

Risk of damage to or loss of any products you purchased from us shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products, at the time when we have tendered delivery of the products. Notwithstanding delivery and the passing of risk in the products or any other Terms, the property in the products shall not pass to you until we have received in cleared funds payment in full.

 

Until such time as the property in the products passes to you (and provided the products are still in existence), we shall be entitled at any time to demand you to deliver the products to us and in the event of non-compliance, We reserve our right to take legal action against you for the delivery of the products and also reserve the right to seek damages and all other costs related to the recovery.

 

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 12 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

 

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation  (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 14 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this site and in all of the material (including without limitation all text, graphics, logos, audio and software) made available on this site (“Content”).

Your use of this site or the Service does not grant or transfer any rights, title or interest to you in relation to this site or the Content. We only grant you permission to access this site and view the Content on these Terms.  All other use, reproduction or redistribution of the whole or any part of this site and/or any Content is prohibited to the fullest extent permitted by law.

 

SECTION 15 - PERSONAL INFORMATION

Our collection and use of your personal information is governed by our Privacy Policy.

 

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

 

  • a) for any unlawful purpose;
  • b) to solicit others to perform or participate in any unlawful acts;
  • c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • f) to submit false or misleading information;
  • g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet;
  • h) to collect or track the personal information of others;
  • i)   to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • j)   for any obscene or immoral purpose; or
  • k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 18 - DISCLAIMER – NOT MEDICAL ADVICE

This site, our Service and any products or services provided by us are not and must not be used as, or as a substitute for, professional, medical or health advice or treatment, a medical diagnosis or any form of medical or healthcare service.  You should carry out your own research and consult your medical and healthcare professional(s) before acting on anything contained on this site, before engaging our Service, and before purchasing or using any products or services provided by us.

 

SECTION 19 – NO WARRANTIES AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, we make no guarantees, representations or warranties about this site or our Service, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted, timely, secure or error-free or free from viruses, or that this site will be secure.

 

We do not warrant that the results that may be obtained from the use of the Service, products or services will be accurate or reliable. Nothing in these Terms purports to modify or exclude any conditions warranties or other legal rights that may not be excluded by virtue of the operation of any mandatory law (including without limitation the conditions, warranties, and other legal rights under the Competition and Consumer Act 2010 (Cth) and Competition and Consumer Regulation 2010 (Cth) (“Australian Consumer Law”)).

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided by us are (except as expressly stated by us) provided 'as is' and 'as available' for your use, and to the fullest extent permitted by law are provided without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

To the fullest extent permitted by law, including without limitation the Australian Consumer Law, in no case shall The Clinic, The Clinic International, their subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar costs or damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or services provided by us, or for any other claim related in any way to your use of the Service or any product or services provided by us, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, any products or services provided by us or content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

 

By using this site, our Service or any products or services provided by us, you agree to irrevocably release us from any such claims. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for some damages (for example for consequential or incidental damages), in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 20 - FORCE MAJEURE

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).

 

Force Majeure Events include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

 

  • a) strike, lockout or other forms of protest;
  • b) civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
  • c) fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
  • d) inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
  • e) inability to use public or private telecommunications systems;
  • f) acts, decrees, legislation, regulations or restrictions of any government or public authority; or
  • g) failure or accident in maritime or river transport, postal transport or other type of transport.

 

Our obligations are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of such period to fulfill our obligations.

 

SECTION 21 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Clinic and The Clinic International and their subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 22 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 23 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

 

SECTION 24 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 25 - GOVERNING LAW AND JURISIDICTION

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

You agree to submit to the jurisdiction of the courts exercising jurisdiction in New South Wales, Australia and you waive any right to claim that those courts are an inconvenient forum.

 

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@theclinic.net.au.