Terms & Conditions

1.1. Welcome to Chill Egg Freeze website (chilleggfreeze.com.au) (Chill Egg Freeze Website). Chill Egg Freeze is operated by City Fertility Centre Pty Ltd ACN 105 976 056 and its Related Entities (as that term is defined in Corporations Act 2001 (Cth)) (Chill Egg Freeze, we, our or us).

1.2 These Terms and Conditions and our Privacy Policy (together, referred to as Terms and Conditions) apply to you as a visitor to the Chill Egg Freeze Website.

1.3Any information submitted to Chill Egg Freeze  will be collected by Chill Egg Freeze  in accordance with our Privacy Policy. Please note our Privacy Policy was last updated October 2019.

2.1 As a condition of your use of the Chill Egg Freeze  Website, you warrant to Chill Egg Freeze  that you will not use the Chill Egg Freeze  Website for any purpose that is unlawful or prohibited by the Terms and Conditions.

2.2 You may not use the Chill Egg Freeze Website in any manner which could damage, disable, overburden, or impair the Chill Egg Freeze  Website or interfere with any other party’s use and enjoyment of the Chill Egg Freeze  Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Chill Egg Freeze  Website.

2.3 All information, advice, articles or other data on the Chill Egg Freeze  Website, including but not limited to any information provided by Chill Egg Freeze  in any forum, blog or online chat facility, is provided as general information only and should not be relied upon, including but not limited to any medical information. The Chill Egg Freeze  Website is provided as a general information service only, and is not intended as a substitute for advice from a registered physician or other healthcare professional. The features, advice and other materials available on the Chill Egg Freeze  Website are intended to support the relationship between you and our healthcare providers and not replace it. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials.

2.4 Although Chill Egg Freeze  has made every reasonable attempt to ensure the accuracy of the information contained within the Chill Egg Freeze  Website, Chill Egg Freeze  cannot accept responsibility for any error, omission, misrepresentation, or misstatement contained in these pages. Chill Egg Freeze  does not guarantee the information is complete, correct or up to date and the information is subject to change without notice.

2.5 Chill Egg Freeze  does not guarantee the availability of any services and treatments advertised in the Chill Egg Freeze  Website.

2.6 Without limitation to your rights under the Australian Consumer Law, to the extent such rights apply in connection with this website, you acknowledge that Chill Egg Freeze  provides the Chill Egg Freeze  Website on an “AS IS” and “AS AVAILABLE” basis. Chill Egg Freeze  does not accept any responsibility of liability for any computer virus infection arising from the Chill Egg Freeze  Website.

2.7 If you are dissatisfied with any portion of the Chill Egg Freeze  Website, or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Chill Egg Freeze  Website.

3.1 The Chill Egg Freeze  Website also provides forums and blogs on the Chill Egg Freeze  Website.

3.2 Chill Egg Freeze  is not responsible for any material submitted to the public areas by you (which include bulletin boards, forums, blogs, hosted pages, chat rooms, or any other public area found on the Chill Egg Freeze  Website).

3.3 Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Chill Egg Freeze  .

3.4 Chill Egg Freeze  reserves the right to moderate all comments and remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may (including but not limited to):

Defame, abuse, harass, threaten or otherwise violate the rights of other users or any third parties;

Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Chill Egg Freeze ‘s and/or a third party’s computer system and/or network;

Violate any copyright, trade mark, other applicable laws or intellectual property rights of Chill Egg Freeze  or any other third party; or

Submit content containing marketing or promotional material which is intended to solicit business.

3.5 You further agree not to use the Chill Egg Freeze  Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Chill Egg Freeze  against any loss, liability, damage or expense of whatever nature which Chill Egg Freeze  or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Chill Egg Freeze  Website to send or post any such message or material.

3.6 Some of the content on the Chill Egg Freeze  Website is provided by Chill Egg Freeze  or its suppliers, and other content is provided by persons who use the Chill Egg Freeze  Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs or forums. While Chill Egg Freeze  strives to keep the content that it posts on the Chill Egg Freeze  Website accurate, complete, and up-to-date, Chill Egg Freeze  cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by Chill Egg Freeze  or its suppliers, or by Users of the Chill Egg Freeze  Website.

3.7 You are responsible for all content that you submit, post, or otherwise make available to or through the Chill Egg Freeze  Website. By doing so, you:

represent and warrant to Chill Egg Freeze  that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such content;

grant to Chill Egg Freeze  a worldwide, nonexclusive, perpetual, sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such content (in whole or part) worldwide via the Chill Egg Freeze  Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed and

consent to all relevant acts or omissions in relation to your moral rights in such content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such content.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Chill Egg Freeze  strives to protect such information, Chill Egg Freeze  does not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us via the Chill Egg Freeze  Website is transmitted at your own risk.

5.1 Without limitation to your rights under the Australian Consumer Law, to the extent such rights apply in connection with this website, you acknowledge that Chill Egg Freeze  has not made any representations or warranties in relation to the Chill Egg Freeze  Website.

5.2 Chill Egg Freeze  does not give any warranty nor accept any liability in relation to performance or non-performance of its obligations under these Chill Egg Freeze  Terms and Conditions except to the extent, if any, required by law or specifically provided for in these Chill Egg Freeze  Terms and Conditions.

5.3 Chill Egg Freeze ‘s liability for any loss in connection with your use of the website, or for Chill Egg Freeze ‘sbreach of these Chill Egg Freeze  Terms and Conditions or any implied warranty, is limited, cumulatively in the aggregate, to the sum of AUD $10.00.

5.4 All limitations of liability under these Chill Egg Freeze  Terms & Conditions shall apply for the benefit of the employees and agents of Chill Egg Freeze  to the same extent as they apply for the benefit of Chill Egg Freeze  against you or anyone claiming through or under you.

5.5 To the maximum extent permitted by applicable law, in no event shall Chill Egg Freeze  be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Chill Egg Freeze  Website, with the delay or inability to use the Chill Egg Freeze  Website or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the Chill Egg Freeze  Website, or otherwise arising out of the use of the Chill Egg Freeze  Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Chill Egg Freeze  has been advised of the possibility of damages.

You agree to indemnify Chill Egg Freeze  against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the Chill Egg Freeze  Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

You acknowledge that:

7.1 Chill Egg Freeze  or its related corporations own or are licensed to use all Intellectual Property Rights in the Chill Egg Freeze  Website (including, but not limited to, any images, photographs or text which appears on the Chill Egg Freeze  Website). You agree that you will not make any representations to the contrary, and that you will not use or copy the Chill Egg Freeze  Website in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. For the purposes of these Terms and Conditions, Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trademarks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967,

7.2 Any trademarks or logos which appear on the Chill Egg Freeze  Website are owned by or licensed to Chill Egg Freeze  or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.

8.1 In some instances in using the Chill Egg Freeze  Website, such as (but without limitation) filling out survey questionnaires, booking an appointment, requesting further information or sending us an enquiry, you will have provided personal information to Chill Egg Freeze  .

8.2 If you have selected that you agree to receive promotional material, you consent to receiving the material that Chill Egg Freeze  sends to you as a result of you providing your personal information to Chill Egg Freeze  during any of the instances mentioned in paragraph 8.1.

8.3 If at any time you do not wish to receive any further material from Chill Egg Freeze  you may unsubscribe by simply sending an email with the subject line “unsubscribe” to contact@chilleggfreeze.com.au or by clicking on “unsubscribe” at the bottom of the email containing the promotional material.

8.4 We will comply with the terms of our privacy policy, which can be found here. and you consent to the terms of that privacy policy.

9.1 The Chill Egg Freeze  Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Chill Egg Freeze  and Chill Egg Freeze  is not responsible for the contents of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.

9.2 Chill Egg Freeze  does not make any warranty, representation or endorsement with respect to any Linked Site or the products or services advertised on a Linked Site.

9.3 Chill Egg Freeze  is not responsible for the privacy practices of sites linked to it via hyperlinks, banner advertising or other means. Please take care at all times to check the privacy policy of the site you are visiting.

Chill Egg Freeze  reserves the right, in its sole discretion, to terminate your access to the Chill Egg Freeze  Website and the related services or any portion thereof at any time, without notice.

11.1 These Terms and Conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

11.2 If anything in this document is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.

12.1 By using the Chill Egg Freeze  Website you are agreeing to these Terms and Conditions.

12.2 We reserve the right to modify our Terms and Conditions as our business needs require. We will post such changes on the Chill Egg Freeze  Website, after which, your later agreement under clause 13.1 to these terms shall be deemed to be your agreement to the modified terms. You should periodically check this page to ensure that you are aware of the latest Terms and Conditions.