Thank you for selecting Natural Fertility Management Pty Ltd (we, us or our as
the context requires). The Natural Fertility Management website (the Website)
provides you, your partner and children, with holistic, effective and safe
solutions for all of your reproductive health needs throughout life; from
puberty to menopause, contraception to conception, preconception health care
to treatments for fertility problems, pregnancy health care to birth, breastfeeding
and beyond. We provide you with general health care during infancy and childhood,
and both general and reproductive health care for men and women throughout
adulthood (Services). The Website is available for viewing
by any person.
You are entitled to use the Services provided by the Natural Fertility Management
Website on the condition that you accept these terms and conditions by clicking
the I ACCEPT button at the bottom of this page. We offer the use of the Website
to you on your acceptance without modification of these terms, conditions
on our home page. Your continued use of the Website after such notice has
been posted constitutes your acceptance of the changes. Your use of the Website
authorisation to use the Website automatically terminates.
In consideration of your use of the Services and in agreeing to these Terms
of Use, you acknowledge and agree that:
- our website is provided on an 'as is, as available' basis.
of or gives rise to any proprietary interest in any intellectual property
rights in the Website.
- we will not be liable for any loss that you may incur as a result of
your use of the Website or the Services.
- you will comply with all applicable laws and regulations relating to
your use of the Website.
You agree that you will not use the Website or the Services for any purpose
will not use the Website or the Services in any manner which could damage,
disable, or impair any of the Website or the Services offered by us. You
agree that you will not impair the use and enjoyment of any other user of
the Website or the Services.
You agree not to use the Website or the Services to violate or infringe
any person's Australian or international intellectual property rights
(including copyright, patent, trademark, design, business name, domain name,
trade secret or confidential information) whether or not registrable in Australia
or in any other jurisdiction.
In addition you agree not to use the Website or the Services in connection
with any spamming, chain letters, junk email, bulk communications or pyramid
schemes. You may not use the Website or the Services to defame, abuse, stalk,
threaten or otherwise violate the legal rights of any other user of the Services
or any internet user in general.
We highly value the strong relationships we have with our clients and will
comply with the Privacy Act (Private Sector Amendment Act) 2000 at all times.
We understand the importance of privacy to clients and users of this website.
This privacy statement outlines how in the context of this web site your
information is used, protected and recorded. By using the website you consent
to the uses mentioned.
We are constantly seeking to improve the means of providing you with the
services you require and so this website and its operation will be up-dated
from time to time. Because of this and other reasons this privacy statement
may periodically be amended.
Our server records the information provided by your browser when you visit
this website. This includes the date and time of your visit, the pages
accessed and documents downloaded. It also includes your server's IP address
and if you have been referred to this website from another site, the address
of the referring site. We mostly use the information to make this website
more user-friendly and useful to visitors and to monitor site use.
Information on client shopping behaviour, traffic and online activity
is periodically collected from online clients and is only ever used in
an aggregated form.
The information allows us to better understand the needs and preferences
of our clients. This understanding translates into a better, more relevant
range of Services.
We take all reasonable steps to protect your security when using the Website
but you should be aware that no transmission of information to and from
web sites is ever totally secure.
More information on privacy legislation is available from the Federal
Privacy Commissioner at www.privacy.gov.au
Indemnities and Disclaimer
You represent and warrant, as at the date of your acceptance of these Terms
of Use, that this Agreement constitutes legal, valid and binding obligations,
enforceable against you in accordance with its terms (except to the extent
limited by equitable principles and laws affecting creditors' rights
You must at all times indemnify us and hold harmless us and our officers,
employees and agents (those indemnified) from and against any loss (including
reasonable legal costs and expenses) or liability reasonably incurred or
suffered by any of those indemnified arising from any proceedings against
those indemnified where such loss or liability was caused directly or indirectly
- a breach by you of your obligations under this Agreement; or
- any wilful, unlawful or negligent act or omission by you or your employees
Natural Fertility Management has made all reasonable endeavours to ensure
that the information and advice provided to its clients in relation to Natural
Fertility Management, including information concerning techniques, methods
and available products is accurate and up to date. However, clients who rely
on this information do so at their own risk and no warranty, express or implied,
is made in regard to the content of the information. Furthermore the information
should NOT be used as a substitute for the advice of an appropriately qualified
and licensed physician or other health care provider which may vary depending
on individual circumstances. Natural Fertility Management shall accept no
liability in the event of incidental or consequential damages in connection
with, or arising from, the use of information or products supplied by Natural
You acknowledge and agree that our maximum liability for any and all claims
arising under or in relation to this Agreement will not exceed, in the aggregate,
any amounts paid by you to us for our services and/or products under this
You acknowledge and agree that in entering this Agreement, you do not do
so on the basis of and do not rely on any representation, warranty or undertaking
made by us or on our behalf, express or implied, which has not been stated
expressly in this Agreement or upon any descriptions, illustrations or specifications
contained in any document or other material produced by us.
Except for the warranties provided in the warranty certificate, you acknowledge
and agree that we do not provide any warranties in respect of the Services.
This does not exclude or limit the application of any statutory provision
(including the Trade Practices Act 1974 (Cth)) where to do so would:
- contravene that statute; or
- cause any part of this clause to be void,
To the extent allowed by Australian law, we are not liable for any direct,
indirect, incidental, special, consequential, punitive, or exemplary damages,
including but not limited to, damages for loss of profits, revenue or goodwill,
however caused and our liability to you for breach of a Non-Excludable Condition
as it relates to the Services is limited, at our option to:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent
- the payment of the cost of having the goods repaired, and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
We will not be liable for any delay or failure to perform our obligations
if such delay is directly or indirectly due to Force Majeure. If we are unable
to perform, or are delayed in performing, any of our obligations under this
Agreement due to Force Majeure, then any such inability or delay does not
constitute a breach of this Agreement and all our obligations are suspended
while the Force Majeure continues.
In this clause Force Majeure means a circumstance beyond our reasonable
control and which results in us being unable to observe or perform on time
an obligation under this Agreement including, without limitation:
- acts of God, lightning strikes, earthquakes, floods, droughts, storms,
explosions, fires and any natural disaster;
- acts of war, acts of public enemies, terrorism, riots, civil commotion,
malicious damage, sabotage and revolution;
- the effect of any applicable laws, orders, rules or regulations of any
government or other competent authority;
- embargo, inability to obtain necessary materials, equipment, components,
parts, machinery, communication facilities or transportation;
- strikes and any other form of industrial disturbance; or
- power blackouts or the failure of any power infrastructure.
© Natural Fertility Management is the owner of the copyright
in this work. This work was made/published by Natural Fertility Management
Pty Ltd in 1996.
This work is the confidential property of Natural Fertility Management
Pty Ltd and must not be reproduced in any material form or disclosed to
any unauthorised person without the prior written consent of Natural Fertility
Management Pty Ltd.
The NATURAL FERTILITY MANAGEMENT device and the BETTER BABIES device are
trade marks of Natural Fertility Management Pty Ltd in Australia. The names
of actual companies and products reproduced on the Website may be the trade
marks of their respective owners.
The compilation (meaning the collection, arrangement, and assembly) of all
content on this site is the exclusive property of Natural Fertility Management
Pty Ltd and is protected by Australian and international copyright laws.
All software used on this site is the property of Natural Fertility Management
Pty Ltd or the property of its software suppliers and protected by Australian
and international copyright laws.
You may view this site and its contents using your web browser and electronically
copy and print hard copies of parts of this site solely for personal, non-commercial
use. Any other use, including the reproduction, modification, distribution,
transmission, republication, display or performance, of the content of this
site is strictly prohibited.
and is as a consequence illegal, invalid or unenforceable then:
- where the offending provision can be read down so as to give it a valid
and enforceable operation of a partial nature it must be read down to
the extent necessary to achieve that result; and
- in any other case the offending provision must be severed from these
Use operate as if the severed provision had not been included.
No Right of Set-Off
of set-off against a payment due to us.
Governing Law and Jurisdiction
with the laws of the State of New South Wales. You submit to the non-exclusive
jurisdiction of the courts of that State and the Commonwealth of Australia
This site may be accessed throughout Australia and overseas. We make no
representations that the content of this site complies with the laws (including
intellectual property laws) of any country outside Australia. If you access
this site from outside Australia, you do so at your own risk and are responsible
for complying with the laws in the place where you access the site.