TERMS AND CONDITIONS IVF OPTIONS

1             Introduction

• These terms and conditions govern use by Users of the IVF Options website and services offered through the website (together referred to as Platform). The Platform is available at https://ivfoptions.com.au/.
• The Platform is provided by IVF Options Technologies Pty Ltd (ABN: 77 631 813 002) (we, us and our) and is intended for use by people who are seeking IVF and/or fertility treatment (you, Users).
• The Platform provides an accessible source of information about IVF and fertility treatments and clinics and enables you to search and access this information based on your preferences. The Platform also provides access to Third-Party Providers who can promote their services to Users on the Platform.
• These terms and conditions govern your use of the Platform. By accessing the Platform and using the Platform functions you agree to comply with these terms and conditions.

2             Definitions and Interpretation

• In these terms and conditions, the definitions have the following meanings:

Fertility Services means IVF and/or fertility treatments and/or related services (including, without limitation, a nurse consultation which may be enabled by the Platform).

Law means any Commonwealth, State, Territory or local government legislation in force in Australia.

Loan Services means a credit facility or a loan of money, whether secured or unsecured, or any other manner of financing arrangement and/or related services.

Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.

Services means any of the services offered through the Platform (including, without limitation, Loan Services and Fertility Services) and other services offered by Third-Party Providers.

Third-Party Fertility Services Provider means a person or entity who offers or provides Fertility Services.

Third-Party Loan Services Provider means a person or entity who provides Loan Services to a User.

Third-Party Provider means a person or entity who provides Loan Services or Fertility Services or similar or related services which are promoted on the Platform and includes a Third-Party Fertility Services Provider and a Third-Party Loan Services Provider.

User has the meaning given to it in clause 1.2. and does not include Third-Party Providers.

• In these terms and conditions, unless the context otherwise requires:
  • words denoting any gender include all genders;
  • headings are for convenience only and do not affect interpretation;
  • the singular includes the plural and vice versa;
  • a reference to a party includes its successors and permitted assigns;
  • a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
  • a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

3             Scope and Description of the Platform

• We provide the Platform to Users.
• Our Platform is free for you to use. We may receive a referral fee from a Third-Party Provider when (and only if) you engage their Services.
• The Platform is intended as a comparative shopping site where Users may consider and compare different Fertility Services at their discretion. We endeavour, in good faith and without favour, to list on the Platform all Third-Party Fertility Services Providers in Australia, but we cannot be certain that the list is 100% comprehensive. We use reasonable efforts to keep the information on the Platform current and up to date.
• IMPORTANT DISCLAIMER: We cannot be certain and therefore we do not warrant that every Third-Party Fertility Services Provider is listed on the Platform or that all the information on the Platform is current and up to date.
• IMPORTANT DISCLAIMER: All pricing information listed on the Platform (including details of payment plans) is an estimate and may be based on the cost of Fertility Services after the Medicare rebate. The estimate may be subject to Medicare eligibility (which may be different for each individual User) and is based upon pricing information obtained by us from the Third-Party Provider. If you find relevant information that is incorrect, incomplete, misleading or omitted we invite you to notify us on info@ivfoptions.com.au.
• IMPORTANT DISCLAIMER: We do not provide medical advice. The Fertility Services are offered and provided by third parties who are independent of us. The information on the Platform (including, without limitation, a nurse consultation which may be enabled by the Platform) is not intended as a substitute for the advice of a qualified medical practitioner. In all matters concerning your personal health (including, without limitation, fertility treatments and/or IVF services) we strongly recommend that you rely upon the advice of an appropriately qualified medical practitioner.
• IMPORTANT DISCLAIMER: We are not in the business of lending money or offering other financial services. Access to any payment plan is subject to the eligibility requirements of the Third-Party Loan Services Provider in each case. The estimate of repayments in any payment plan is based on information provided to us by a Third-Party Loan Services Provider who is independent from us. Payment plans are subject to eligibility criteria of the Third-Party Loan Services Provider. Loan approval is in the discretion of the Third-Party Loan Services Provider. Individual repayments may differ based on the terms of the Loan Services and the amount borrowed.
• We source and curate information about Fertility Services and Third-Party Service Providers and display this information on the Platform. We source this information from websites and reports which are publicly available.
• We do not independently verify the information on the Platform and we make no promise about the accuracy of the information provided or the benefit to be derived from using such information. You need to take this into account when forming your own view about relying on the information and the extent to which you need to verify the accuracy and completeness of the information from other sources.
• We are not responsible for any communication, interaction or relationship between you and a Third-Party Provider listed displayed on the Platform, whether or not it occurs on the Platform or by another means.
• We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.

4             Third-Party Services

• Through the Platform you can request a number of Services. You should satisfy yourself that the Service is appropriate for you. We make no warranty or representation as to the suitability or performance of the Service if you decide to use it.
• You acknowledge that each Service displayed on the Platform are offered and performed by a Third-Party Provider and not by us. Accordingly, any interruption, problem or loss suffered by you or caused by or arising from a Service offered or performed by a Third-Party Provider is the responsibility of that Third-Party Provider and not us. As a condition of your use of the Services you may be required to separately agree to the associated terms and conditions imposed by a Third-Party Provider. It is entirely your responsibility to decide whether the Service and the terms on which it is provided by the Third-Party Provider is acceptable and appropriate to you. You have the discretion to opt in or not. We make no warranty or representation as to the suitability or performance of the Service if you decide to use it.
• The Platform displays information in respect of the Services which is of a general nature and is, therefore, only a summary of the Service offering. You should obtain the entire Service details from the Third-Party Provider directly before purchasing that Service.
• We are not liable for any Loss suffered by you in connection with a Third-Party Provider or the Service.
• The prices on the Platform are in Australian currency and are estimates only.

5             Your Responsibilities

• You must:

(a)          comply with all applicable Laws when using the Platform and/or receiving the Services;

(b)          bear all costs and expenses related to your use of the Platform and the Services.

• If requested, you must provide to us, at your expense and on our request, the following:

(a)          evidence of your age and identity; and

(b)          details of your medical history and prior fertility treatments (if applicable).

• You must not, in relation to your use of the Platform:

(a)          impersonate others;

(b)          misrepresent your affiliation with others;

(c)           interrupt or attempt to negatively impact or alter the operation of the Platform in any way;

(d)          engage in any practice which may adversely affect the credibility or reputation of the Platform and/or us or another User or a Third-Party Provider;

(e)          use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;

(f)            upload or distribute materials that harm or disrupt the operation of the Platform or the operations of Users or Third-Party Providers.

(g)          post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;

(h)          reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;

(i)            licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;

(j)            except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re­sell any information, content, software, or materials made available through the Platform; or

(k)           engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.

• When you become a User you may provide us with certain information about yourself, including when you:
  • request a Third-Party Provider’s Service; and
  • ask us to contact you.
• We will handle and store this information in accordance with our privacy policy. [insert link]
• You warrant that all information so provided is true, accurate and complete. You should ensure that if your details change you update this information on the Platform to ensure it remains true, accurate and complete.

6             Third-Party Providers

• You are not required to pay any fees to us in respect of your use of the Platform. If you request Services from a Third-Party Provider through the Platform:
  • you will be subject to the Third-Party Provider’s terms and conditions; and
  • any fees or payments in respect of those Services will be paid directly to the Third-Party Provider;
  • we may receive a commission or other benefit from a Third-Party Provider.
• You acknowledge and consent that, if you request Services through the Platform, we are permitted to share your information with the Third-Party Provider to enable them to contact you and provide you such Services.
• For the avoidance of doubt, Third-Party Providers are not partners, or associated entities of us and no agency relationship exists between a Third-Party Provider and us.

7             Data

• When you become a User you may provide us with information about yourself and other information which is not Personal Information (Data).
• You grant to us a perpetual, worldwide, royalty-free, non-exclusive, transferrable licence to enable us to use the Data to provide the Platform, improve the Platform functions and for our own business purposes.
• We may make the Data available to other companies, organisations or individuals to use in accordance with our privacy policy. No compensation will be paid to you with respect to the Data we collect.

8             Intellectual Property

You acknowledge that any intellectual property rights (including graphics, logos, design, or icons) relating to or appearing on the Platform remain the property of us and/or our licensors.

9             Disclaimers

• While we take all due care in providing the Platform, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
• We take due care in ensuring that the Platform is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.

10          Linking

• The Platform contains links to other websites, including the websites of Third-Party Providers. These are provided for convenience only.
• We have no control over or responsibility for anything on those websites.
• Any link to another website (including that of a Third-Party Provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or Services which they provide, (including their Services).

11          Liability

• We are not responsible for any communication, interaction or relationship between you and any other User of the Platform (including that of a Third-Party Provider), whether or not it occurs on the Platform or by another means.
• Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to these terms and conditions to the extent required by Law.
• Subject to clause 2, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform:

(a)          whether arising as a result of breach of contract, in tort (including negligence) or under statute; and

(a)          whether or not arising pursuant to an indemnity in these terms and conditions,

is limited to us providing you with access to the Platform again.  Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.

• For the purposes of clause 3, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of these terms and conditions (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss).
• You agree to indemnify, defend and hold us (and each of our officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of the death or illness of, or personal injury to, any individual in connection with provision of the Services, except to the extent such Loss arises from our willful misconduct.
• We are not liable for the outcome (including, without limitation, the success of failure of any IVF or fertility procedure) of any Service provided to you by a Third-Party Provider.

12          Termination and Suspension

• We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms and conditions.
• If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure. In this case we will have no liability to:
  • Third-Party Fertility Service Providers for any bookings that may have been received but do not result in provision of the Services as a result of the Closure; or
  • any User for not be able to benefit from the provision of the Services which have booked.

13          Monitoring use of the Platform

• We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of:
  • enabling us to understand the way Users navigate the Platform and use the services available on it;
  • adapting our business model;
  • obtaining insights to improve our engagement with a Third-Party Provider;
  • improving the experience of Users using the Platform;
  • ensuring that the Platform is functioning as we intended; and
  • ensuring that Users are complying with these terms and conditions.

14          Feedback and Complaints

• This describes the procedure which we follow to manage your complaints and find a resolution if there is any dispute. we are continuously trying to improve our management to provide a better Platform.
• If you wish to make any comments about the Platform or your experience with a Third-Party Provider, we encourage you to provide us feedback by contacting us by either:
  • email at info@ivfoptions.com.au;
  • by leaving a review on the Platform (if that functionality is enabled).

15          Updates to these Terms and conditions

• We may change these terms at any time. We will announce any material changes on the Platform and, if you are a User, you should check to see if changes have been made
• If you access the Platform following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you should not use or access the Platform.

16          Notices

• Notices given under these terms and conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform. If you want to contact us about any aspect of these terms and conditions then please send email to: info@ivfoptions.com.au

17          General

• Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of using the Platform.
• You grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
• We reserve the right to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended and that Users are complying with these terms and conditions.

17.4       Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these terms and conditions.

17.5       The rights and obligations in clauses 3, 7, 8, 9, 10, 11, 13, 16 and 17 will survive the termination or expiry of these terms and conditions.

17.6       All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.

• These terms and conditions are governed by the laws of the State of New South Wales. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.

Published: 02 January 2020