Online Account Terms of Use

General

A. This Website is owned and operated by Eliseeva Medical Pty Ltd (ACN 653 014 414) trading as Primavera Clinic Brisbane (Primavera Clinic, we, us).

B. The Account is available for you to browse, select and purchase the Products, subject to these Terms of Use (Terms).

C. By registering, accessing and using the Account, you irrevocably agree to be bound by the Terms of Use.

 

Definitions

In this Agreement, unless the context otherwise requires:

​

Account means an online account created and registered by the Client on the Website to browse, order and purchase the Products.

​

Agreement means this agreement as updated from time to time by Primavera Clinic.

​

Client (you, your) means an individual who registers, accesses and uses an Account.

​

Data means all input information (such as Products identification and numbers, that are required for the Products to be ordered) entered by the Client through the

Account to generate an Order.

​

Intellectual Property means all forms of intellectual property throughout the world including patents, petty patents, innovation patents, patentable inventions, know-how, trade marks (whether registered or unregistered), copyright, registered and registrable designs, circuit layout rights, applications for registration of any of the foregoing and rights to apply for registration of any of the foregoing.

​

Order means an order for supply of Products under the Terms of Purchase placed by the Client through the Account.

​

Privacy Policy means Primavera Clinic’s privacy policy available through the link https://www.primaveraclinic.com.au/privacy-policy

​

Products means goods, products and services available for purchase on the Website.

​

Terms of Use means the terms and conditions contained in this Agreement.

​

Terms of Purchase means the service and purchase terms and conditions between Primavera Clinic and the Client available at https://www.primaveraclinic.com.au/service-and-purchase-terms-and-conditions.

Website means the website https://www.primaveraclinic.com.au/

​

1. AGREEMENT 

1.1 PARTIES 

This Agreement is a contract between the Client and Primavera Clinic. It sets out the Terms of Use that apply to your use of the Account. You agree that your acceptance of the Terms of Use, and ongoing use of the Account, constitute acceptance of this Agreement.

1.2 APPLICATION 

(a) This Agreement will apply to each and every use of and access to the Account by the Client.  

(b) If you do not agree to be bound by this Agreement, you must not use and access the Account,.

(c) The Agreement commences upon the Client registering the Account and, subject to earlier termination under clause 10, continues until such time that the Client closes or de-registers its Account.

(d) The Agreement applies in its entirety and constitutes the whole agreement, subject to clause 1.3(a). The Client may either accept or reject the Terms of Use. If the Client rejects the Terms of Use, it may not create an Account, and may not access and use the Account. 

(e) No other terms, purchase order or other document will apply excepting those terms implied by statute which cannot be excluded or modified.

(f) Every phrase, sentence, paragraph and clause in this Agreement is severable the one from the other despite the manner in which they may be linked together or grouped grammatically and if any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason whatsoever the remaining phrases, sentences, paragraphs or clauses as the case may be, are of full force and effect.

(g) Primavera Clinic may assign its rights, duties, titles, interests, and obligations under this Agreement or in relation to the Account to any third party at any time. However, your rights and obligations under this Agreement shall remain non-transferable unless consented by Primavera Clinic in writing.

1.3 DOCUMENTS INCORPORATED INTO THIS AGREEMENT

(a) The following documents form part of this Agreement: 

• Terms of Purchase [link];

• the Privacy Policy [link];

• Website terms of use [link];

• any other policy or legal document found on the Website;

• any document explicitly incorporated into this Agreement by reference. 

(b) To the extent of any inconsistency between this Agreement and any incorporated policy or document, the incorporated policy or document will prevail. 

(c) You need to print a copy of and store this Agreement and all policies and documents incorporated by reference for your records. 

1.4 AMENDMENTS 

(a) We may amend this Agreement at any time for any reason. This Agreement, as amended from time to time, is published by us and can be accessed by you on the Website. 

(b) If you do not agree to accept the changes to the Agreement, you will need to close or de-register your Account, and otherwise should not access or use the Account. If you continue using the Account and having your Account with us after we publish or send a notice about our changes to the Terms of Use, you consent to be bound by the updated Terms of Use and the changes to the Agreement as of their effective date.

(c) The Client cannot amend the terms of this Agreement unless such amendments are agreed by Primavera Clinic in writing.

​

2. ACCOUNT

2.1 ACCESS AND USE

(a) In order to register, access and use the Account, the Client must be over 18 year old and has full power and legal capacity to enter into this Agreement.

(b) The Client can only register, access and use an Account after it has accepted this Agreement.

(c) The Client: 

acknowledges that the sole purpose of the Account is to:

• browse, search, select, order and purchase the Products; 

• create, submit and check the status of the Order; and 

• review the information available on the Account; and 

agrees not to use the Account for any other purposes. 

(d) The Account can be accessed through the Website from an internet browser.

(e) The Account is personal to the Client. The Client should not allow any other person to access and use the Account.

(f) Primavera Clinic makes no representation and gives no warranty about the quality of, access to and use of the Account, including any representation that the Account and access to it will be available, secure, uninterrupted or error-free.

(g) Primavera Clinic may provide support services to the Client in relation to the use of the Account on the terms determined by Primavera Clinic.

(h) Primavera Clinic may make changes to the Account or any features in or functionality of the Account at any time. Primavera Clinic reserves the right to add, modify, impose conditions, suspend, discontinue, or permanently remove any feature or aspect of the Account at its sole discretion and without any obligations whatsoever. 

2.2 REGISTRATION 

(a) In order to create an Account, the Client needs to provide the following information:

• Client’s details, including the full name, email, billing and shipping address and contact details; 

• any other information which may be required or optional, such as date of birth, gender and product preferences. 

(b) The Client agrees, warrants and acknowledges that the Account is registered solely for the Client’s personal use and no third party will be allowed to access and use the Account on behalf of the Client.

(c) The Client will have the responsibly for administering and managing the Account.

(d) Any activity, action, act or omission on the Account are deemed to be done by the Client.

(e) The Client warrants and represents that any information submitted or used on its Account is true, accurate, reliable, complete and current. Creating a fake Account or submitting inaccurate, incomplete or fabricated information is a material breach of this Agreement.

(f) Primavera Clinic has and reserves the right to refuse, restrict, suspend, cancel or terminate the Account at any time and without any obligations or liability to the Client whatsoever.

(e) The Client is responsible and liable to Primavera Clinic for any activity, action, act or omission on the Account.

2.3 ACCESS TO ACCOUNT BY PRIMAVERA CLINIC

(a) Primavera Clinic will have access to the Client’s Account and will store the details of and information relating to the Account. 

(b) Collection, storage, use and handling of personal information provided by the Client to Primavera Clinic while creating an account is subject to the Privacy Policy.

(c) When the Client creates an Account, it shall be the Client’s obligation to maintain the security of all devices from which it accesses its Account and confidentiality of the login information. 

(d) The Client is liable for all activities on its Account. If the Client suspects any unauthorised access or activities on its Account, it must immediately review the security of devices and the Account and inform Primavera Clinic about such unauthorised access to the Client’s Account.

​

3.ORDER

3.1 ORDER 

(a) The Account will allow the Client to generate and submit an Order through input of the Data in the Account.

(b) The Client warrants that the Data entered by it is accurate and complete. 

(c) Any Order submitted through the Client’s Account, is deemed to be placed by the Client.

(d) Payment for the Order will be accepted through payment means required on submission of the Order.

(e) Upon receipt of payment for the Order, the status of the Order will appear as approved.

(f) The Order cannot be cancelled once it has been approved. 

(g) The Order constitutes a binding agreement for supply of the Products pursuant to the Terms of Purchase.

(h) References to $ or dollars in the Order are references to Australian dollars unless specified otherwise.

(i) The Order does not include GST or any other applicable taxes and charges, unless specified otherwise.

​

4. TERMS OF PURCHASE

4.1 The Client agrees and acknowledges that the Order submitted by the Client and supply of the Products to the Client are subject to and done pursuant to the Terms of Purchase.

4.2 The Client warrants that the Client has read and accepts the Terms of Purchase.

​

5. INTELLECTUAL PROPERTY RIGHTS 

5.1 The Website and the Account are owned by Primavera Clinic and operated by Primavera Clinic and/or its authorised contractors.

5.2 All Intellectual Property used in connection with the Website and the Account are the property of Primavera Clinic or relevant licensors. The Website and the Account are copyright of Primavera Clinic.

5.3 The Client agrees and warrants that it:

(a) will not copy, reproduce or seek to register Intellectual Property in the Website and the Account;

(b) will not reverse-engineer any source-code used in the Website and/or the Account;

(c) will not procure any other person or third party to do things stipulated in clauses 5.3(a) and (b);

(d) will only use the Account to generate and submit the Order, purchase the Products and review the status and activity in relation to the Order and not for any other purposes; and

5.4 All content, documentation, material and information created by the Account belong to and remain the property of Primavera Clinic.

5.5 Access to the Account should not be taken as a grant or transfer of ownership rights, Intellectual Property rights, a licence or any other rights to the Client. 

 

6. WARRANTIES AND OBLIGATIONS OF THE CLIENT  

6.1 The Client represents, acknowledges and warrants that:

(a) it has read and accepted the Terms of Use;

(b) it has read and accepts the Terms of Purchase;

(c) it has full power and legal capacity to enter into this Agreement;

(d) Primavera Clinic may collect, store, handle, process and use personal information and data of the Client in accordance with our Privacy Policy and that the Client has read and accepts the Privacy Policy; 

(e)the information the Client has provided is true, accurate and correct. Creating an Account with false information is material breach of this Agreement;

(f) it will not rely on the content or accessibility of the Account and that the content of the Account is of a general nature;

(g) it will not distribute copies of the Account or its content to third parties without the prior written consent of Primavera Clinic;

(h) it will not to make any permanent or enduring copy of the Account, its content or its computer code, or reverse engineer or compile the Account;

(i)  all terms, conditions and warranties other than those expressly contained in this Agreement are excluded;

(j) the limitation of liability and disclaimer of liability apply as stated in clause 7 below; and

(k) it will use the Account in a lawful manner and will follow applicable rules and laws when accessing and using the Account.

6.2 In addition to the promises and acknowledgements stated above, the Client agrees:

(a) to use the Account at its own risk;

(b) to keep its Account password and credentials secret;

(c) not to share an Account with any third party;

(d) not to transfer any part of its Account or give access to it to any third party;

(e) that it is responsible for any activities occurring on and under its Account unless it closes it or reports misuse;

(f) to log off from the Account each time the Client completes its session on the Account; 

to keep all Account information up to date;

(h) that Primavera Clinic may send you notices and messages through the Account, email and contact information. The Client can always unsubscribe from such communication using the “Unsubscribe” link included in marketing emails. 

​

7 LIMITATION OF LIABILITY AND DISCLAIMER

7.1 LIMITATION OF LIABILITY 

(a) Some legal obligations imposed by law cannot be excluded or limited.  Primavera Clinic does not purport to exclude or limit such liability.  

(b) To the fullest extent permitted by law, and except as otherwise expressly provided in terms and conditions applicable to specific transactions that may be facilitated by the Account or by a separate written agreement that explicitly overrides this Agreement, Primavera Clinic is not and will not be liable to the Client in connection with this Agreement for:

• loss of profit or business opportunity, loss of data (including any down time of the Account), damage, loss, liability, claim or expense arising from the Client’s use of the Account, and whether such claim arises from breach of contract, negligence or other tort or breach of statute, wilful act or otherwise, or for any indirect, incidental, consequential, special or punitive damages;

• any damage, loss, liability, claim or expense caused to or brought by a third party against the Client in connection with the use of and in relation to the Account;

• any unauthorised access to the Client’s Account or misuse of the Client’s data or the Data;

• any interruption or disruption of the services provided by the Account;

• any other matter related to the Client’s use of the Account, irrespective of the fact that such liabilities result from any non-performance, negligence of duty and statutory responsibilities, errors and omissions, loss of data, misrepresentation, torts, interruptions, unauthorised access, or breach of contract by Primavera Clinic, and the possibility of such liabilities was already conveyed to it;

• any amount that exceeds:

 - the total fees paid or payable by you to Primavera Clinic as services fees for the use of the Account (if any); or 

 - AU$500.00 (five hundred Australian dollars), 

     whichever is lesser.

7.2 DISCLAIMER

THIS IS A DISCLAIMER OF LEGAL LIABILITY FOR THE QUALITY, SAFETY, OR RELIABILITY OF THE ONLINE ACCOUNT.

Primavera Clinic (and its affiliates) makes no representation and gives no warranty about the quality of, access to and use of the Account, including any representation that the Account and access to it will be secure, uninterrupted or error-free.  Use and access to the Account is provided on “as is” and “when available” basis. To the fullest extent permitted by applicable law, and subject to clause 7.1, Primavera Clinic disclaims any implied or statutory warranty (which can be excluded), including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

7.3 INDEMNITY 

The Client agrees to indemnify and keep indemnified Primavera Clinic against any loss or damage caused by the Client to Primavera Clinic (or anyone accessing and using the Account for and on behalf of the Client, whether such access and use is authorised or unauthorised) or any claim, complaint or action brought against Primavera Clinic by any third party in relation to the use of the Account.

​

8 COMMUNICATION AND NOTICES

8.1 All notices, disclosures, communications, and information related to this Agreement or use of the Account shall preferably take place through electronic delivery. The Client consents to receiving all such communications and notices to its Admin User’s email address registered on the Account. Such notices shall be deemed as received on their confirmed dispatch.

8.2 When you create an Account, you may choose to consent to subscribe to our notification and newsletter services. We may send useful information to your email address to improve your experience with Primavera Clinic and keep you informed about new products and services offered by Primavera Clinic. The Client can revoke its consent and unsubscribe from receiving marketing emails at any time using the “Unsubscribe” link included in such emails. 

8.3 We will continue sending you communication and notices in relation to and in connection with this Agreement by email at the email address registered on the Account.

​

9 TERMINATION

9.1 Either party may terminate this Agreement at convenience at any time.

9.2 Primavera Clinic may termination this Agreement if the Client:

(a) commits material breach of this Agreement; or 

(b) fails to remedy a breach of this Agreement within 14 days of Primavera Clinic notifying the Client of such breach.

9.3 If you wish to terminate this Agreement, you can do so at any time by de-registering your Account and ceasing accessing or using the Account.

9.4 If the Agreement is terminated, the Client’s Account and all content on it will be permanently deleted unless we are required to retain any content in compliance with any business or legal obligations.

​

10 JURISDICTION 

This Agreement is governed by the laws of the Australian State or Territory in which you Primavera Clinic is located. By agreeing to these Terms, you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that place.

​

​

​