Terms of service

 

This website is owned and operated by The Fertility Supplements Pty Ltd (ABN 16 140 511 920). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.thefertilitysupplements.com.au/privacy). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means The Fertility Supplements Pty Ltd (ABN 16 140 511 920).

1. YOUR ACCEPTANCE OF TERMS & MODIFICATIONS

By using or accessing our Site or purchasing any Products, you consent to adhere to our Website Terms of Use, Terms and Conditions, Returns Policy, and Privacy Policy. We may, at any time and without prior notice to you, withdraw the Website from use and terminate any or all of the rights granted by the Terms. We reserve the right to review and make changes to this Agreement, Terms of Use, Returns Policy, and Privacy Policy, at Our sole discretion at any time. We may modify or remove any part of these Terms, or content of the Website, at any time without notice. You agree that if these Terms are modified, that we will update this page and specify the date that it was last modified or otherwise we may notify you. Your continued use of the Website thereafter constitutes your acceptance of any changes to the Website or Terms.  If you do not agree to the terms and conditions contained in this Agreement, ourTerms of Use, Returns Policy, and Privacy Policy (or any subsequent amendments) you must cease using or accessing our Site and the purchase of any Products immediately.

We hold the authority to modify, update, or delete content from our Site at any time. These changes could be made for security reasons, to protect intellectual property, to comply with legal obligations, or for other reasons at our discretion, without the need to provide any explanation. For instance, updates might be implemented to address security vulnerabilities or to meet legal requirements. However, it's important to understand that this example is not obligatory, and there's no commitment on our part to make such updates for security, legal, or any other reasons.

For any Product orders, it is your responsibility to read the Terms before placing an order online through our Website and refer back at any time point for any changes. In the event that changes are made by us following your order of Products, such changes will not affect your order unless such change is required to have been made by law.

2. INFORMATION DISCLAIMER

All information provided on our Site has NO GUARANTEE whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any medical conditions, illnesses or diseases. No guarantee is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, health related-topics, products and treatments, is for informational purposes only and is often supplied in a summarised or collective manner. 

For specific medical conditions, illness, disease, injuries, or health concerns, as well as for dosages of the pharmaceutical product supplied via this Site, it is required to seek professional guidance. This information should not be considered as any sort of medical advice whatsoever. Our Products are not designed to address any health issues. You take full and total responsibility for your actions taken based upon this information and any resulting outcomes from your actions.

This Site's content and information is not intended or implied to be a substitute or to replace professional medical advice or any information found on or within product packaging or labels. Always consult a Pharmacist, General Practitioner, or another qualified healthcare provider before commencing any new medical treatment or supplement, continuing with a medical treatment or supplement, or if you have questions about a medical condition for yourself or others.

Nothing contained on our Site is intended to be or should be taken for medical diagnosis or treatment. 

Always read the label and use only as directed.
Vitamins are not a substitute for good nutrition or a balanced diet and are not superior to, or more beneficial than, dietary nutrients. 

3. REQUIREMENT FOR MEDICAL ADVICE & SPECIFIC WARNINGS

Any statements appearing on our Site have not been evaluated by any other national or international agencies. None of the content or Products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results. The Products and content found on our Site are not intended as a substitute for the advice provided by your doctor or other healthcare professional.

You should always speak with your doctor or other healthcare provider before taking any new supplements, or adopting any treatment for a health problem or otherwise purchasing any of our Products.

If you have or suspect that you have a medical issue, or if you have a pre-existing medical condition or are pregnant or breastfeeding, you should contact your health care provider before purchasing our Products.

Never delay, disregard or avoid obtaining medical advice or treatment from your doctor or any other qualified health care providers because something you have read on our Site. 

If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

All content on our Site is for informational and educational purposes only. Before taking any new vitamins, consult your GP to ensure they are appropriate for your health needs.

Warnings:

• This medicine may not be right for you. Read the label before purchase.

• Do not exceed the stated dose except on medical advice.

• Advise your doctor of any medicine you are taking during pregnancy, particularly in your first trimester.

• Store below 30°C in a cool dry place away from sunlight.

• Do not use if the seal on cap/lid has been broken.

4. DIETARY & NUTRITIONAL INFORMATION 

The Nutritional information and Dietary guidance provided on our Site is based on scientific research. Before relying on any nutritional information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and personal health circumstances, and consider the requirement to obtain appropriate expert advice from a health care provider relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

5. RELIANCE ON TESTIMONIALS

Any testimonials that are on our Site or provided by third party websites unrelated to The Fertility Supplements Pty Ltd, may not reflect the result that you may achieve or not achieve by using our Products or services. Please be aware that all results may vary from person to person and your experience may not be the same or similar to those that are providing testimonials of our Products and services.

6. PERSONAL INFORMATION

We are required to collect personal information from you as reasonably required to provide you with Services relating to our Products or the Products & Services. This personal information will e collected in accordance with our Privacy Policy. This information may include personal details such as your name, email address, postal address and postcode. By collecting this personal information, The Fertility Supplements Pty Ltd acknowledges and agrees that this information is confidential and will be used for the purposes of the provision of our Products and Services only, unless otherwise required by law, pursuant to the terms set out in our Privacy Policy.

You warrant the personal information and any health information you provide to us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information that is truthful, accurate, current and complete.

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at hello@thefertilitysupplements.com.au with ‘unsubscribe’ in your email’s subject.

7. REGISTRATION FOR SUBSCRIPTION SERVICES & USER ACCOUNTS

To enable you to access and use certain areas of our Site, we may assign you a username/password and account information, or you may required to set up your own account access using a username/password chosen by you (“Login”), or you may be required to complete Our Site’s registration form (“Registration Information”). As part of this process, or as part of your continued use of the Products & Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

• Email address

• Name

• Date of Birth

• Preferred username

• Mailing address 

• Phone number

You guarantee that any information you give to The Fertility Supplements Pty Ltd in the process of setting up your account for the Products & Services, will always be accurate, correct, and up to date. Should any of the information you provide be found to be false, outdated, or incomplete, or if there are reasonable grounds to believe so, we reserve the right to halt or terminate your account and deny you access to the Site, both now and in the future.

The Fertility Supplements Pty Ltd treats your “Registration Information” and “Login” details as confidential, storing it on secure servers to prevent unauthorised access. We use your information solely for processing orders, enhancing our Site and services, managing our Site, and informing you about products or promotions that might interest you. For more details on our handling and storage of your personal data, please refer to our Privacy Policy.

You are solely responsible for protecting and safeguarding the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login. Each time you use your Login, you will be regarded as authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorisation or source of any such access or use of our Site.

You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

We reserve the right to refuse Product orders or otherwise not complete if:

• You are a person barred from receiving the Products or Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Products & Services.

• You do not hold a valid credit or debit card issued by a bank that is acceptable to The Fertility Supplements Pty Ltd.

We may use your personal information such as your payment details for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions. 

8. USER OBLIGATIONS

As a user of Our Site, you agreed to copy with and use the Products & Services and “Login” only for purposes that are permitted by:

• the Terms;

• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Products & Services;

• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Fertility Supplements Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

• access and use of Our Site is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Fertility Supplements Pty Ltd providing the Purchase of products;

• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Our Site without notice and may result in termination of the Products & Services.

• You are prohibited from using Our Site in any manner that breaches the Terms of Use, engages in illegal activities, employs deceitful or misleading practices, contravenes any law (especially privacy laws), or infringes on anyone's rights, including our intellectual property. 

• It is your responsibility to protect your computer system from viruses and other harmful elements when accessing our Website. We are not liable for any harm to your computer system that occurs through your use of our Website or any external sites linked to it. 

Although we have no reason to suspect inaccuracies on our Website, we do not guarantee the reliability or completeness of the information provided, nor do we commit to keeping the Website updated. Ad content on our Website is the sole responsibility of the advertisers, and their placement should not be seen as an endorsement by us. Advertisers are accountable for the accuracy of their ads.

Appropriate legal action will be taken by The Fertility Supplements Pty Ltd for any illegal or unauthorised use of the Website. 

9. PURCHASE & PAYMENT 

We use secure online payment systems including Stripe, PayPal, Shopify, and Afterpay, or any other payment provider listed on the website. In using the Products & Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and any other relevant legal documentation provided by the Payment Gateway Providers.

In order to purchase any of our Products use Our Products & Services, you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

All orders must be pre-paid. Orders will only be shipped or available for download (for electronic products) after full payment of the total amount is cleared.

Following payment of the Products, you will be issued with a receipt to confirm that the payment has been received, and The Fertility Supplements Pty Ltd may record your purchase details for future use.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

The prices for Products provided under this Agreement will be as set out on our Site at the time you offer to purchase the Products. All prices of our Products are in Australian Dollars, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).

Our prices are subject to change effectively immediately upon posting on the Website or by way of other forms of notification, as determined from time to time by Us.

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at hello@thefertilitysupplements.com.au

All Products available from our Site are subject to consumer protections under the Australian Consumer Law.

10. PRODUCTS 

We make endeavour to ensure our Product descriptions are as accurate as possible, with specifications created based on the information provided to us. If there is an error, we reserve the right to correct our description.

Images are for illustrative purposes only and may not be an exact image of the actual Product.

Due to Product demands, The Fertility Supplements Pty Ltd Products may not be available at all times. If no products are available we will contact you and inform you of our product availability and projected delivery times. Although our Product may be delayed or momentarily unavailable, you agree that we may still charge your credit card and ship The Fertility Supplements Pty Ltd Products when they become available.

We reserve our rights to limit the quantities of any Products purchased through our Site.

11. DELIVERY & SHIPPING

You acknowledge that the Products available to purchase from The Fertility Supplements Pty Ltd integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers’). 

In providing the Products, We may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Fertility Supplements Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, We ask that you:

• contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and 

• contact us by sending an email to hello@thefertilitysupplements.com.au outlining how the Products were damaged, and what damage has occurred to the products in transit, so we are able to determine if the Delivery Service Provider should be removed from the Products & Services; and

• you may be required to provide Us with a photograph of your Product and / or the delivery packaging to assist with obtaining a resolution for you.

Once you gave purchased a Product/ Products and we have received your confirmed order/payment, we endeavour to have orders dispatched within 1-3 business days. This is subject to change, however we will notify you if this is the case prior to the time of purchasing the product. 

If you place your order over a weekend or on a public holiday it will be processed and sent out the following business days (Monday to Fridays) as applicable. Full tracking details of your order will be sent to you, once your order has been shipped.

Please ensure that you choose your Product/s carefully and the amount of Products carefully, as your order will not able to be edited or cancelled.

We currently only ship to street addresses in Australia. Freight/shipping costs are calculated depending on your postcode and will be provided at the checkout prior to payment.

Products available from our Site are subject to the terms and conditions contained in this Agreement. You can see the terms of Our Shipping Policy for more information.

12. REFUNDS, CANCELLATIONS & RETURNS

Due to the nature of our Products and associated health regulations, we cannot accept the return of any of our Products as a result of your change in mind. It is essential that you consider which of Our Products you are going to purchase carefully, ensuring the Product(s) are suitable to you, and based on advice received from a General Practitioner, Pharmacist or Healthcare provider.

Your rights to refund or replacement (if applicable) are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).

In the event of any defect with any Product(s) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Product(s) in question (where applicable), or refund to the value of those Product(s) If you believe any of the Products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at hello@thefertilitysupplements.com.au

You must provide your receipt from The Fertility Supplements Pty Ltd, and photo evidence of the damage to the Product prior to us agreeing to issue a refund or replacement Product. We may, or may not, at our sole discretion, provide a refund or exchange of the Product, on the return of the Products within 14 days from the date that the Product is received by you and where the Product packaging is unopened and remains in a saleable condition. 

You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund or replacement pursuant to this clause. 

Please refer to our Returns Policy. Unfortunately, we do not offer refunds for change-of-mind returns.

Our Products come with consumer guarantees that are under Australian Consumer Law that cannot be excluded, including guarantees that the Products are of acceptable quality. Such consumer guarantees will not be affected by our policy above relating to change of mind. We require at all times, proof of purchase prior to providing any remedy under Australian Consumer Law. We agree and acknowledge that consumer guarantees cannot be excluded or limited and are in addition to any manufacturer warranties or extended warranties purchased by or give to you.

13. COPYRIGHT & INTELLECTUAL PROPERTY

Copyright and other intellectual property rights for all content on our Site, including but not limited to texts, images, logos, patents, domain names, trading names, social media content, trade marks, and software, are owned or licensed by us, protected by copyright laws. You are not allowed to alter, duplicate, share, or use this content for commercial purposes without our explicit consent, as per the Copyright Act 1968 and relevant local laws, unless specifically permitted by these Terms of Use. All trademarks on our Site are property of their respective owners.

Our Site, Products, Products & Services and all of the related products and Services of The Fertility Supplements Pty Ltd are subject to copyright and Intellectual Property Rights. The Fertility Supplements Pty Ltd retains all rights not explicitly granted to you. You must not use, copy, or distribute any site content without our direct written approval. Unauthorised use of site materials may lead to legal action under copyright and trademark laws.

The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by The Fertility Supplements Pty Ltd or its contributors.

By submitting any material to the Site or our social media platforms, you give us a non-exclusive, global, free license to use, modify, and leverage the material in any way and for any purpose. You also relinquish any moral rights to this material as defined by the Copyright Act 1968.

You may not, without the prior written permission of The Fertility Supplements Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. The Fertility Supplements Pty Ltd makes no representations or guarantees about whether your use of the Site or Content will, or will not, infringe any Intellectual Property Rights, including those of The Fertility Supplements Pty Ltd or any third party.

14. LICENCE

Our Site (and any Products or Products & Services purchased on or via our Site) is for your personal, non-commercial use only. Our Site provides you with access to our Products under a personal, non-transferable, revocable, and limited license, meaning you are not permitted to resell our Products, share your access rights, or try to reverse engineer or alter our Site in any way. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or re-sell any Content, software, Products or Services contained within, on or via our Site. 

You may not use the Website (and any Products Services purchased on or via our Site), or any Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

If you breach any rules in our Terms of Use, Terms and Conditions, or Privacy Policy, or if your actions infringe upon the rights of The Fertility Supplements Pty Ltd or any third party, or break any laws, we may revoke this license. For you to terminate this license, you should either cease using our Site or inform us of your decision to do so.

15. USE

By using our Site, you accept responsibility for your actions and any actions taken through your device. You acknowledge that your use of Our Site (and any Products or Services purchased on or via our Site) is solely for personal, non-commercial purposes.

You are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or re-sell any Content, software, intellectual property and trademarks, Products or Services contained within, on or via Our Site, without explicit authorisation from these Terms of Use or direct written consent from The Fertility Supplements Pty Ltd. You may not use our Site (and any goods or services purchased on our Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise. Reselling information or products from our Site without our permission is prohibited.

You agree to the following:

• You will not reproduce, distribute, or reveal any section of the Site by any means, including automated “scraping."

• You will not attempt to disrupt the Site's integrity or security or decode any transmissions to or from the Site's servers.

• You will not contribute to the Site's harm or impairment, including influencing its search engine presence.

• You will not overload our infrastructure with unreasonable demands.

• You will not collect any personal information from the Site, including user names and contact details.

• You will not engage in stalking, harassment, or any form of bullying against other users.

• You will not post content that is not your own, infringes on others' rights, or is harmful, such as defamatory, obscene, threatening, or unlawfully discriminatory material.

• You will not post harmful, false, or misleading content.

• You will not post content containing third-party intellectual property without the owner's permission for its use.

• You will not falsely impersonate others or misrepresent your affiliation.

• You will not hold The Fertility Supplements Pty Ltd or related entities liable for your use of the Site.

• You will not breach any network policies connected to the Site.

• You will not disrupt the Site's operations.

• You will avoid hacking, spamming, or phishing activities.

• You will ensure the accuracy and truthfulness of your contributions.

• You will comply with all applicable laws and regulations.

If you believe that a user has breached any of the above conditions, please contact us at hello@thefertiltysupplements.com.au

Content uploaded, posted, transmitted, or made available on our Site by users, without any prior notification. We bear no responsibility and disclaim all liability for any content uploaded, posted, transmitted, or made available on our Site by anyone other than ourselves. We do not support any views, advice, or statements made by anyone other than ourselves.

You agree to protect and hold harmless us and our directors, employees, agents, contractors, suppliers, and licensors, as well as all of our associated entities, against any liability, loss, or damage (including all legal fees on a full indemnity basis) that they may incur as a result of your breach of these Website Terms of Use, any other failure to adhere to these terms, or any other wrongful actions related to these terms, by you or any of your affiliates.

16. LINKED WEBSITES 

Links to External Third Party Sites from Our Site is purely for your convenience. These links may not always be current and up-to-date. We accept no responsibility for the content or Privacy Policies of these Third Party Sites. The existence of link to Third Party Sites from our Site are not to be elucidated as our endorsement, approval, or recommendation of the entities that manage these sites, nor of the information, visuals, materials, products, or services presented or offered on these sites ("Third Party Content"), unless explicitly stated otherwise.

17. PRIVACY & SECURITY

We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information. 

In our conscious effort to protect your privacy, The Fertility Supplements Pty Ltd:

• will collect and use your personal information to help us provide the best products and services.

• will always try to collect your personal information directly from you. You have control over what information you give us.

• If you are not comfortable providing your personal information to us, you do not have to. But this may impact the Products and Services we can provide to you (i.e. we cannot deliver a product to you if you do not provide your delivery address).

We cannot guarantee complete security for data transmitted over the Internet. Despite our efforts to safeguard your information, we cannot guarantee the security of data in transmission to us. You send information to us at your own risk. Upon receiving your data, we commit to taking reasonable measures to maintain security of your data. The Fertility Supplements Pty Ltd takes your privacy seriously and any information provided through your use of our Site and/or the Products & Services are subject to The Fertility Supplements Pty Ltd Privacy Policy.

18. DISCLAIMER & LIMITATION OF LIABILITY

BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK. The Fertility Supplements Pty Ltd AND ITS AFFILIATES, INCLUDING DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, DO NOT GUARANTEE THAT THE SITE WILL OPERATE WITHOUT INTERRUPTIONS OR ERRORS. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Sites, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Sites or Content; or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Sites, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, and in no event shall our maximum aggregate liability exceed AUD$100.

The Fertility Supplements Pty Ltd ALSO OUTLINES THAT WE ASSUME NO LIABILITY FOR THE ACCURACY, RELIABILITY, OR PRESENCE OF INFORMATION ON EXTERNAL WEBSITES LINKED TO OR FROM OUR SITE. WE ARE NOT ACCOUNTABLE FOR THE CONTENT OR LEGALITY OF MATERIAL ON THIRD-PARTY WEBSITES, AND ANY CLAIMS AGAINST US CONCERNING SUCH EXTERNAL SITES ARE PERMANENTLY DISMISSED.

You expressly understand and agree that The Fertility Supplements Pty Ltd, ITS AFFILIATES, OR ANY OTHER PARTIES INVOLVED IN OUR SITE'S DEVELOPMENT, PRODUCTION, OR DISTRIBUTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, which may be incurred by you, however caused and under any theory of liability. THIS INCLUDES, BUT IS NOT LIMITED TO LOSS OF PROFITS (whether incurred directly or indirectly), DATA, ANY LOSS OF GOODWILL ORR BUSINESS REPUTATION, OR OTHER INTANGIBLE LOSSES, ARISING FROM THE USE OR INABILITY TO USE THE SITE, COSTS OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORISED ACCESS OR ALTERATION OF YOUR DATA, THE ACTIONS OF ANY THIRD PARTY ON THE SITE, THE ACTIONS OF The Fertility Supplements Pty Ltd AND ITS AFFILIATES, OR ANY OTHER ISSUES RELATED TO THE SITE.

Under the limits allowed by law, we disclaim all warranties, both express and implied, regarding the products and services offered or purchased through this website. Apart from the "consumer guarantees" outlined in the Schedule 2 of the Competition and Consumer Act 2010, we deny any responsibility for issues arising from the use of our Site or products, including defects, failures, misuse, abuse, alterations, incorrect selection, non-adherence to codes, or wrongful use of our products. These disclaimers do not extend to any legal prohibitions against warranty exclusions. Check your local laws for any restrictions.

By using our Site, you accept all risks, including potential harm to your computer or data from viruses or other malicious software that might come through our website or linked content. Where the law allows, we exclude all warranties and claims related to our Site. By accessing our Site, you agree to defend and protect us against any losses, damages, or costs arising from your use of our Site.

Should you encounter any issues with our Site or its content, your only recourse is to stop using the Site. If there's a problem with products bought through our Site, your only option is to follow our return and refund policy as outlined in our Terms and Conditions and Returns Policy.

In places where limitations on our liability are not permitted by law, our liability is restricted to the maximum extent allowed by law. Specifically, in such jurisdictions, we do not limit our liability for death or personal injury resulting from our negligence, for fraudulent misrepresentation, or for any liability that cannot legally be excluded.

For residents of areas where a specific release statement is mandated by law, the following applies: "A GENERAL RELEASE DOES NOT COVER CLAIMS UNKNOWN TO THE RELEASOR AT THE TIME OF RELEASE, WHICH, HAD THEY BEEN KNOWN, WOULD HAVE SIGNIFICANTLY AFFECTED THE DECISION TO AGREE TO THE SETTLEMENT." You are hereby relinquishing any rights under laws, regulations, or codes that serve a similar purpose as the stated release. Your use of our site is dependent upon your acceptance of this and all other terms in this Agreement. If the laws of your jurisdiction prevent us from limiting our liability, then we agree that our maximum liability to you will not exceed the greater of AUD$100 or the total amount you have spent on our site, products, and services in the past six months.

This disclaimer remains in effect even after you stop using our Site or Products or after this Agreement ends.

19. INDEMNTIY

You agree to defend, indemnify and absolve The Fertility Supplements Pty Ltd its affiliates, officers, directors, employees and agents and its Related Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• your use of and access to The Fertility Supplements Pty Ltd Site and your use of any Products;

• your violation or breach of our Terms and Conditions

• your violation of our terms in these Website Terms of Use

• your violation of our Privacy Policy or Returns Policy 

• your violation of any third party right, including without limitation any copyright, property, or privacy right; or

• any damage a third party alleges was caused by your content.

This obligation to defend and indemnify will continue even after this Agreement ends and your use of our Site ceases. You also agree that you have a duty to defend us against such claims and and we reserve the right to choose a solicitor in such cases, for which you will be financially responsible. You agree that this indemnity extends to requiring you to pay for our solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

20. OUR RIGHTS 

The Fertility Supplements Pty Ltd reserves the right to monitor sections of our Site electronically and may reveal any information, records, or electronic communications as necessary (i) to comply with legal, regulatory, or governmental requests; (ii) for the Site's operation; or (iii) to safeguard our interests, our users, our staff, or our associates, including sponsors and licensors. We do not undertake the responsibility to check, control, or edit such content.

We may, at our sole discretion, revoke or limit your Site access without prior notice if we deem your actions to breach any law or to be detrimental to other users, partners, or our interests.

**Termination of Access**

We can end your access to our Site at any time without warning. Even after your access ends, the disclaimers and your indemnification obligations will remain in effect. In the event of service termination, you must stop using our Site and settle any due payments. Any terms of this Agreement that inherently should continue after termination will do so, including but not limited to property rights, disclaimers, indemnification obligations, and liability limitations. We are not obliged to maintain access to our Site and may discontinue it at any time for any reason.

21. APPLICABLE LAW

These Website Terms of Use shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.

You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22. VENUE & JURISDICTION

The Products and Services offered by The Fertility Supplements Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

23. INDEPENDENT LEGAL ADVICE

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

24.  FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

25. FORUM OF DISPUTE 

You agree that any dispute arising from or relating to this Agreement shall be exclusively resolved in the court closest to Victoria, Australia, that has the proper authority. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

26. SEVERIBILITY 

Should any part of this Agreement be deemed void, illegal, conflict with another clause, or be unenforceable by a Court of competent jurisdiction, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. 

This Agreement represents the complete understanding between you and The Fertility Supplements Pty Ltd regarding its subject matter.

27. NON-WAIVER 

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable laws. Any failure to enforce any of our rights does not constitute a waiver of those rights.

28. ASSIGNMENT

You understand and agree that you may not assign your rights and/or obligations under these Terms to any other party without prior written consent form Us. You further agree that we may assign our rights and/or obligations under these Terms to any other party at our sole discretion.

29. Relationship

No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.

30. ELECTRONIC COMMUNICATONS 

We use electronic means of communication, whether you visit our Site or send us emails, or whether we post notices on our Site or communications with you via email. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

31. OFFERS

All terms of an offer must be met. Offers are valid only for the period specified and will end at 11:59PM AEST or AEDT on the end date, unless stated otherwise in the offer terms.

Items on sale during a The Fertility Supplements Pty Ltd pre-sale or pre-order offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

Please note offer periods are subject to product availability and will terminate early if stocks run out. We reserve the right to vary, withdraw or cancel offers for any reason at any time.

32. GENERAL 

This Agreement, together with our Terms of Use, Privacy Policy and Returns Policy constitute the whole of the legal agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.

If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.

No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.

The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

33. TCPA compliance

Text Marketing and notifications: By entering your phone number in the checkout and initiating a purchase, subscribing via our subscription form, you agree that we may send you text notifications (in relation to your order, including abandoned cart reminders, or otherwise promotions / text marketing, that we may be running). Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase of Products or Services.

In the event that you wish to unsubscribe from receiving text message services and/or marketing offers and/or notifications reply with STOP in response to any mobile message sent from us or use the unsubscribe link we provided you within any of our text messages. An unsubscribe link will also be at the bottom of any of our emails and newsletters that are sent to you via email. 

You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out of these messaging services. Message and data rates may apply from time to time.

For any questions please email us at hello@thefertilitysupplements.com.au should you have any questions relating to our text messaging services, or please text HELP to the number you received the messages from. If you wish to opt-out please follow the procedures above.

34. GDPR compliance

Text Marketing Terms and Conditions: We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.

By entering your phone number in the checkout and initiating a purchase, subscribing via our subscription form, you agree that we may send you text notifications (in relation to your order, including abandoned cart reminders, or otherwise promotions / text marketing, that we may be running).You acknowledge that consent is not a condition for any purchase of Products or Services.

You acknowledge and agree that your phone number, name and purchase information will be shared with our SMS platform and such data may be used for sending you targeted marketing messages and notifications. Upon sending text messages, your phone number will be passed to a text message operator to fulfil their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please email us at hello@thefertilitysupplements.com.au should you have any questions relating to our text messaging services, or please text HELP to the number you received the messages from. If you wish to opt-out please follow the procedures above.

35. CONTACT INFORMATION.

Should you have any questions or concerns about any matters relating to our Terms, our Products or Services, Website or The Fertility Supplements Pty Ltd, or your order, please do not hesitate to contact us. You may contact us via email at hello@thefertilitysupplements.com.au