Website Terms of Use

These terms and conditions govern the use of www.aerisclinic.au (the “Site”). This Site is owned and operated by Aeris Clinic Pty Ltd ("we", "us" or the "Company").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at www.aerisclinic.au/privacy-policy), which is incorporated by reference into these Website Terms of Use.

Restrictions on use

Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
  • you breach any provision of these Website Terms of Use;
  • the Company is unable to verify or authenticate any information that you provide to us; or
  • the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Registration and account security
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with:

• your first name and last name;
• a valid email address;
• your age (via Date of Birth);
• your gender
• your postcode; and
• any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.

Communications

We will generally only contact you if you have contacted us first via the Contact Us function on our Site. We will contact you via email or phone to respond to your submitted requests. In addition, we may contact you in relation to your use (or misuse) of the Site or if we communicate with you in relation to our Privacy Policy.

If you choose to subscribe to updates or newsletters from us, you are consenting to receiving such communications from us. You may opt out of receiving some or all of these communications at any time by using the unsubscribe function on our electronic communications or contacting us at any time.

We will not publish, share, or sell your personal or contact information in any way, and if we do, it will only be with your written consent.

Intellectual property

Copyright

In these Website Terms of Use, the term
"Proprietary Content"
means:

• this Site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by the Company in connection with this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Company, its licensors (as applicable) or their respective registered owners and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through this site to a third party site that contains material that you hold or control, you may send a notification of such infringement to the Company’s registered office at the address listed at the bottom of this page, Attention: Intellectual Property.

Disclaimers and limitations of liability

Exclusion of implied terms and statutory guarantees

To the maximum extent permitted by law, the Company excludes all conditions, warranties and terms implied by statute, general law, international convention or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of these Website Terms of Use to be void ("Non-excludable Condition").

No representation or warranty

To the maximum extent permitted by law, the Company makes no representation or warranty about the suitability of the content that is published or made available through this site. All such content is provided without any warranty whatsoever. The Company is not responsible for any content or the accuracy of any information contained in any such content. The Company does not accept any liability for any loss or damage that you may suffer or incur in connection with your use of, or reliance upon, this site or the content of any such content.

Third party content

This site may contain content provided to the Company by third parties, and the Company does not guarantee the accuracy of any third party content. The Company is not responsible for any third party content or the accuracy of any information contained in any third party content.

No responsibility for security of data

The Company does not guarantee that any data transmitted via this site is secure and you acknowledge that you transmit data at your own risk.

Release and indemnity

You release and indemnify the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any and all liability, loss, damages, costs and expenses (including legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to:

• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Termination

The Company may terminate these Website Terms of Use and your access to this site at any time without notice. All restrictions imposed on you, disclaimers and limitations of liability set out in these Website Terms of Use will survive termination.

Governing law

These Website Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts entitled to hear appeals from those courts.

General Severability

If any provision of these Website Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of these Website Terms of Use, which will continue in full force and effect.

No waiver

Any failure or delay by the Company in exercising any right under these Website Terms of Use does not constitute a waiver of that right.

Contact us

If you have any questions about these Website Terms of Use, please contact us at info@aerisclinic.au.