Terms And Conditions
These Terms and Conditions govern the relationship between the Parties.
BETWEEN THE PARTIES
DietitianChong Pty Ltd (ACN: 613 884 398) trading as Pristine Fertility in Australia.
You are the client, and Your details are set out on the Client Details Form.
By engaging with Pristine Fertility for the Mastering Egg Health Program and continuing interaction after receiving these Terms and Conditions, you, the client, agree to adhere to the stipulations outlined herein. These Terms are to be read alongside the Invoice provided at the time of issuing these Terms and Conditions.
2. The Engagement
Pristine Fertility agrees to provide the Program for You for the Fees, as set out in the Invoice.
Pristine Fertility will only provide You a refund subject to the conditions specified below. (the ‘Refund‘).
You will be granted access to the updated materials in the online learning portal for the duration Pristine Fertility offers the Program Area to its clients. This access includes all updates except for the one-on-one nutrition consultations, which may be subject to an expiration date.
From time to time, bonuses may be offered to new enrollees. You are entitled to any bonuses presented at the time of your enrollment, though the availability of these bonuses is not guaranteed throughout the program’s lifespan.
Pristine Fertility may occasionally offer supplementary elements for a subset of participants. These are bonuses and are not included in the base version of the Program. The selection of participants for these additional elements is at Pristine Fertility’s discretion.
This Program is aimed at assisting women who are trying to conceive, offering guidance and support in preparation for pregnancy. This Program is intended and only suitable for individuals aged 18 and above. The company hereby disclaims all liability for use by individuals under 18.
4. Program Fees and Invoicing
You agree to pay Pristine Fertility the Program Fees set out in the Invoice. We use Stripe to process your credit or debit card payments securely.
If you choose to opt for a payment plan, the terms of this plan will be explicitly stated in a separate payment plan agreement. This agreement will detail the instalment amounts, due dates, and any other relevant financial arrangements to ensure clarity and mutual understanding between you and Pristine Fertility.
If you opt for the payment plan, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy.
In the event of a missed payment, we reserve the right to immediately suspend your access to the Program and any related bonuses.
You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by Pristine Fertility for steps taken to enforce payment Terms and Conditions will be recoverable and payable by You.
You acknowledge and agree that Pristine Fertility is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
Unless otherwise stated, all prices are in Australian Dollars (AUD) and do not include Goods and Services Tax (GST), as defined in A New Tax System (Goods and Services Tax) Act 1999. GST is not applicable for services provided outside of Australia.
5. Services Disclaimer
You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Pristine Fertility’s relationship with you, its educational materials and interactions with you. As such, you agree that Pristine Fertility is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
You agree to release and discharge Pristine Fertility from and against all claims arising out of or in connection with the provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant who has received a Service from Pristine Fertility.
6. Refund Policy / Cancellation
If you decide your purchase was not the right decision, we offer a 14-day refund policy from the date of enrollment. To initiate a refund, please contact us at [email protected] within this period. Note that you are required to pay for the proportion of dietetic consultations already completed.
Pristine Fertility will only provide refunds for requests up to 14 days after enrollment. After the Refund Period, all payments are non-refundable, and you are responsible for full payment of the fees for the Program regardless of whether you complete the program.
Upon determining that you are entitled to a refund pursuant to this policy, Pristine Fertility will promptly instruct its payment processor to issue the refund. Pristine Fertility does not control its payment processor and will be unable to expedite any refunds.
If you receive a refund, Pristine Fertility shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including, without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final, and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.
If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to the reporting credit agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make payment for the amount of the chargeback.
If you have any questions or problems, please let us know by contacting our support team directly at [email protected].
Pristine Fertility is committed to delivering high-quality services and will exert its best efforts and take all reasonable steps to assist you in achieving your desired results. However, Pristine Fertility does not guarantee that the services provided will meet every client’s specific requirements or ensure identical results for all clients.
Our services are subject to certain guarantees that cannot be excluded under the Australian Consumer Law. In the event of a major failure with the service, as defined under this law, you have the right to terminate your contract with Pristine Fertility. In such cases, you may be entitled to a refund for the portion of the service not used or compensation for its diminished value. Major failures in this context include situations where a service is significantly unfit for its intended purpose or poses a safety risk.
Pristine Fertility’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
9. Disclosure and Use of Confidential Information
Pristine Fertility respects the confidentiality of your information and may only disclose it under certain conditions:
- With your prior consent, Pristine Fertility may share confidential information with its staff and authorised health service providers or for purposes related to practice research, quality assurance, and improvement activities.
- Apart from the above-mentioned scenario, these Terms and Conditions restrict both parties from disclosing confidential information, except in the following circumstances:
- Disclosure to a professional adviser for the purpose of obtaining advice related to this Agreement is permissible, provided the other party has consented to such disclosure.
- Disclosure is compelled by applicable law or regulatory requirements.
- The confidential information is already public knowledge through no fault of the disclosing party.
This clause ensures that all sensitive and private information is handled with utmost care and disclosed only when absolutely necessary and appropriate.
10. Your Conduct In The Program; Use Of Your Materials
As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect Pristine Fertility’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains Pristine Fertility’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than Pristine Fertility, its owners and employees, and other Program participants.
Please choose carefully the materials you upload to, submit to, or embed on any website operated by Pristine Fertility and any third-party forums operated by Pristine Fertility. Any material you post on Pristine Fertility’s website or in any third-party forums operated by Pristine Fertility may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on Pristine Fertility’s website and any third-party forums operated by Pristine Fertility, whether by leaving a comment, participating in a chat, public or private forum, or other interactive services, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
11. No Transfer Of Intellectual Property; Limited License
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program is the property of Pristine Fertility or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You must not use such marks without the prior written permission of Pristine Fertility.
As a purchaser or participant in the Program, you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or any Company content for personal use, you in no way assume any ownership rights of the content – it is still Company property. Any unauthorised use of any materials found in the Program or Content shall constitute infringement.
Pristine Fertility content is not for resale. Your participation in the Program does not entitle you to make any unauthorised use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices on any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of Pristine Fertility and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Pristine Fertility does not grant you any licenses, express or implied, to the intellectual property of Pristine Fertility or our licensors except as expressly authorised herein.
You hereby agree that any infringement of Pristine Fertility’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Pristine Fertility’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. Your use of any materials found in the Program or content other than that expressly authorised in this agreement or by a separate written assignment is not permitted (“Unauthorised Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorised Use, in addition to any legal or equitable remedies Pristine Fertility may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to us that may not be adequately compensated for damages, entitling Pristine Fertility to obtain injunctive relief, without bond, in addition to all legal remedies.
12. Users Outside Australia
Pristine Fertility controls and operates the Program in Australia. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Dispute Resolution
If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to these Terms and Conditions claiming a dispute (the Dispute) has arisen under these Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘the Notice’).
On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or other means upon which they may mutually agree.
If the Dispute remains unresolved 21 days after serving the Notice, both parties must either mutually agree upon a mediator or request the appointment of a mediator by the President of the Law Society of Queensland. The mediation is to take place in Queensland, with the specific venue to be mutually agreed upon.
The costs for the mediator and the venue are to be shared equally between the parties. Each party is responsible for their own costs associated with the mediation. All mediation-related discussions are to be confidential and conducted on a ‘without prejudice’ basis.
If the Dispute is not resolved after the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
14. No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to serve as the agent of or in any way bind or commit the other parties to any obligation.
15. Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of Australia. In the event of any dispute arising out of or concerning the Services, Pristine Fertility agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
17. Entire Agreement and Modifications
Both You and Pristine Fertility confirm and acknowledge that these Terms and Conditions and the Invoice constitute the entire agreement between You and Pristine Fertility and shall supersede and override all previous communications, either oral or written, between the parties.
Last updated January 2024