Terms and Conditions

End User Service Agreement

This agreement is made between Medi Info Pty Ltd ABN 38 465 660 016 trading as Face to Face Medical (“Face to Face”) and you.

When you use or access Face to Face Services, you agree to be bound by these Terms and any policy or document incorporated into these Terms by reference. Face to Face reserves the right, at its discretion, to change or modify these Terms, including fees and service charges, at any time, by updating these Terms on this website or by email. You agree to review these Terms regularly to ensure that you are aware of any such changes or modifications. If you find these Terms unacceptable at any time, please discontinue using the Face to Face Services. If you continue to access or use Face to Face Services after changes are made, you agree to be bound by such changes.

  1. Definitions:

(a) “Face to Face Services” may include:

(i) Product and related Product sales

(ii) SMS and Email notifications

(iii) Web and Desktop software

(iv) any other services agreed between Face to Face and you and that agreement is incorporated into these Terms by reference;

(b) reference to “you” means you and includes any other person or entity you permit to use or access Face to Face Services;

(c) the use of “Face to Face” or “we”, “us” or “our” means Face to Face or any person, agent or independent contractor that we may in our discretion involve in the provision of the Face to Face Services;

(d) reference to “Terms” or “Agreement” means this agreement and the terms and conditions contained in this agreement which govern the use of the Face to Face Services and includes any additional terms which may apply to the specific services provided to you;

(e) “including” is to be taken to be followed immediately by the words “but not limited to”;

(f) the singular includes the plural and vice versa;

(g) if any word or phrase is defined any other grammatical form of the word or phrase has a corresponding meaning.

 

   2. Face to Face:

(a) Face to Face will provide Face to Face Services to you on these Terms and for that purpose Face to Face grants to you a non-exclusive, non-transferable, revocable licence to access and use the Face to Face Services and you agree to use the Face to Face Services in accordance with these Terms.

(b) You must be a registered user to access Face to Face Services. You are responsible for keeping your password and account details secure. You will be solely responsible and liable for any activity that occurs under your user name.

 (c) You must ensure that each person having access to Face to Face is authorised by you to use the Face to Face Services and is using the Face to Face Services only in accordance with these Terms.

(d) Face to Face may engage third parties to provide any of the Face to Face Services.

(e) You may be restricted from accessing Face to Face Services if you are in breach of any of these Terms, in the opinion of Face to Face.

(f) You authorise and direct Face to Face to relay your messages. You agree to receiving messages. You acknowledge and agree that Face to Face neither endorses the content of any messages you send or receive nor assumes responsibility for such content. You agree to all your messages being stored on your behalf by Face to Face. Face to Face will keep all messages strictly confidential in accordance with these Terms.  A “message” is a communication which may include data and information, and such data or information may come within the provisions of the Privacy Act 1988 (Commonwealth) (as amended) and you expressly agree to comply with the provisions of such Privacy Act and to expressly obtain permission from the person who provides you with such information, to forward that information to Face to Face for relaying and/or storage by Face to Face.

(g) Other provisions may govern your use of the Face to Face Services and if so, may be contained in any communication or registration conditions by or with Face to Face and are incorporated by reference into these Terms.

   3. Your responsibilities:

(a) You are solely responsible for your conduct, your data related to the Face to Face Services and for the content of your messages through the Face to Face Services and you agree to indemnify and keep indemnified Face to Face from any loss, cost, liability, and expense arising from or related to your data, messages, content, your use of the Face to Face Services, or your breach of these Terms.

(b) You are responsible for your own equipment and Internet Services required to access the Face to Face Services.

(c) You agree to use the Face to Face Services in compliance with all applicable laws, rules and regulations.

(d) You agree not to, and not to allow third parties to:

(i) use the Face to Face Services for any other purpose than as specified in these Terms or other document incorporated by reference;

(ii) use the Face to Face Services for any indecent, illegal or immoral purpose or for any purposes which could be construed as indecent, illegal or immoral or which may create a liability for Face to Face or compromise, disrupt or interfere with the Face to Face Services to Face to Face or other persons;

(iii) sell, sublicense, lease, rent, loan, transfer, or distribute the Face to Face Services or any part thereof to any third party and any attempt to do so is void;

(iv) change, modify, adapt or prepare derivative works from the Face to Face Services;

(v) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any software relating to Face to Face Services;

(vi) extract any part of the Face to Face Services for use in other applications;

(vii) erase, remove, obscure, or alter Face to Face’s or any third party’s trademarks or copyright notice or other proprietary rights notice affixed to or contained within or accessed in conjunction with or through any of the Face to Face Services or us the Face to Face Services or data or materials retrieved from the Face to Face Services in any manner that may infringe the copyright or proprietary interests therein or third party rights;

(viii) intercept (or attempt to) email or other communications not intended for you;

(ix) send emails to others for any purpose other than personal communication, including to advertise or offer to sell unsolicited goods or services, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or send unsolicited messages through third-party mail servers in order to relay your email or hide the origin of your email to others, send messages that contain material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own, have the right to or control such files or send messages that contain a virus or corrupted data or any similar activity;

(x) transmit any message which is harmful, threatening, abusive or hateful;

(xi) use the Face to Face Services in a manner that adversely affects the availability of its resources to others or cause incidents which disrupt the Face to Face Services; or

(xii) purport to be an employee or agent of Face to Face, unless you are;

and in relation to any such occurrence, Face to Face reserves the right to take such action as it thinks fit without notice to any person, including terminating this agreement with immediate effect.

(e) You expressly agree that Face to Face may copy and store your data as part of the Face to Face Services.

(f) You agree that you are responsible for the results obtained from the use of the Face to Face Services.

(g) You represent that you are at least 18 years of age and that you have the legal right and ability to enter into this Agreement. You agree to be responsible for all charges resulting from use of your account by any person in relation to the Face to Face Services, including unauthorised use prior to you notifying Face to Face of such unauthorised use.

   4. Information and communications:

(a) To inform you of the availability of new services, subscriptions or products from time to time, or information which may be of interest to you, or to notify you of a charge to or any information relating to your account, Face to Face will send you correspondence by Face to Face secure messaging, email or fax. You agree that Face to Face may send you correspondence to the addresses notified by you to Face to Face. You agree to receive such correspondence. If you do not want to receive this correspondence, please advise us in writing.

(b) You agree to provide a valid phone number, email address or other delivery location.

   5. Registration and payment:

(a) You must pay to Face to Face the price for each charge included in the Face to Face Services in accordance with Face to Face’s current price list or as quoted by Face to Face and any third party costs incurred by Face to Face on your behalf.

(b) Face to Face reserves the right to vary the prices for the Face to Face Services from time to time.

(c) You must pay Face to Face in full before delivery of the Face to Face Services.   Additionally, Face to Face may, without waiving any other rights or remedies to which it may be entitled, decide to suspend or cancel your account without notice.

(d) You agree to pay all fees and charges applicable to your purchase. All charges payable under these Terms are exclusive of GST and you agree to pay any GST on any supply made under these Terms, to Face to Face at the same time you make the relevant payment. “GST” means the goods and services tax as specified in A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) and any amendments thereto. Face to Face will forward a tax invoice to you which complies with such Act.

(f) Payment must be made by credit card and you are authorising Face to Face to charge your credit card for the fees and charges for the Face to Face Services as and when you place each individual order

(g) Face to Face may, from time to time, modify it’s terms, including the price, new charges, content or nature of your account, upon notice to you of such modification. Any notice of the modification may be provided by Face to Face by email or by publishing the changes on its web site and you are responsible for regularly viewing such information on Face to Face’s web site so as to obtain timely notice of any such changes.

 

   6. Shipping, Refunds and Return of Goods

(a) The goods purchased will be shipped to the shipping address provided within 5 days of receipt of your order and confirmation of payment providing the requested product/s is in stock.  If the goods fail to arrive within 10 days you must notify Face to Face so a trace can be initiated.

(b) All orders are sent via Express Post and a tracking number will be emailed once the order has been dispatched.

(c) Face to Face is not liable for any items that are lost in transit or for incorrect mailing addresses provided. It is your responsibility to ensure correct details are provided with every order placed.

(d) Exchanges or refunds will not be given as a result of skin reactions to products purchase.

(e) Exchanges or refunds will only be given when the the goods are received damaged or are faulty or not as described. In the event of the goods being received in a damaged state, you must notify Face to Face immediately and return the goods to Face to Face.

   7. Confidentiality:

(a) Face to Face agrees to use its best endeavours to hold in strict confidence any private and confidential information supplied by you. Each party (called “Receiving Party”) covenants with the other party (called “Disclosing Party”) that it will keep confidential the Confidential Information of the Disclosing Party to which the Receiving Party obtains access as a consequence of entering into this Agreement and that it will take all reasonable precautions to protect such Confidential Information from any unauthorised use, disclosure or copying. Upon termination of this Agreement or the Face to Face Services, the Receiving Party will destroy all copies of the Confidential Information of the Disclosing Party in any form which is in the possession of or under the control of the Receiving Party and if required by the Disclosing Party certify that all such Confidential Information has been destroyed.

(b) “Confidential Information” means all information relating to either party or to such party’s business, operations, products, sales, customers, trade secrets, technology or financial position to which access is obtained as a consequence of entering into this Agreement which is treated by the Disclosing Party as being confidential, but excludes information which:

(i) is publicly known through no fault of the Receiving Party;

(ii) is already in the rightful possession of the receiving Party prior to its receipt from the other Party;

(iii) is received lawfully from a third party; or

(iv) is required by law to be disclosed or required to protect or defend the rights of Face to Face.

 

   8. Ownership:

   All trade marks, registered or unregistered, used in relation to the Face to Face Services are owned by Face to Face and    you are not permitted to use such trade marks without prior written consent of Face to Face.

   9. Term and Termination:

(a) This Agreement is effective from the time of registration or access or use of the Face to Face Services until terminated in accordance with these Terms.

(b) You may terminate this agreement at any time on your request to Face to Face. If you cancel your account, this agreement automatically terminates.

(c) Your rights provided in accordance with these Terms will terminate immediately upon termination of this Agreement and you must immediately cease using the Face to Face Services.

(d) In addition to any other provisions contained in this Agreement, you agree that Face to Face may at any time and upon written notice to you, terminate this agreement and your access to the Face to Face service, or suspend or restrict your access to the service in whole or in part without any liability to you whatsoever, if you breach this agreement or Face to Face determines in its opinion that terminating your Membership is advisable for security reasons, to protect Face to Face from liability or protect its rights, or for the continued normal and efficient operation of the Face to Face Services, or if Face to Face has reason to believe that your use of the Face to Face service is in a manner that may be unauthorised or may subject Face to Face to a claim by a third party, or may breach any law or any Face to Face policy or these Terms or if Face to Face has reason to believe that you are breaching any law or any right of a third party. Face to Face will confirm any such termination of this agreement or any suspension or cancellation of Membership by subsequent notice.

(e) Notwithstanding any other clause contained in this Agreement, this Agreement automatically terminates if you fail to comply with these Terms and Face to Face reserves the right to suspend or discontinue providing the Face to Face Services in its discretion with or without notice.

(f) Face to Face will not be liable to you or to any third party for any change or modification to these Terms or for any suspension or discontinuance of the Face to

   10. Privacy:

(a) By entering into this Agreement, you agree that Face to Face may collect, retain and use your personal information, including your name, address, e-mail address, location and credit card information in accordance with the Face to Face Privacy Policy. In addition, Face to Face acknowledges that it will take all reasonable steps to protect any encrypted information sent or stored through or by the Face to Face Service from third party misuse, loss or unauthorised handling.

(b) Please see the Face to Face Privacy Policy (located at www.facetofacemedical.com.au) which is incorporated into this Agreement by reference.

   11. Disclaimer of warranty, limitation of liability, indemnity:

(a) To the maximum extent permitted by any relevant law, and notwithstanding anything contained in these Terms to the contrary, the Face to Face Services and any third party software and services are provided “as is” with no warranty whatsoever, whether expressed or implied, and Face to Face expressly does not warrant that the Face to Face Service or its operation will be error free or uninterrupted or free from other failures.

(b) In addition to your agreement to the disclaimer of warranties contained in this Agreement, you agree that in no event will Face to Face be responsible for or liable to you or any third party for any loss, claim, liability, injury, damage, cost or expense of whatsoever kind, (“such loss”), including any indirect or consequential loss arising from the use of the Face to Face Services even if Face to Face has been advised of the possibility of such loss, or that you may incur or suffer because of, or when using, or the inability to use, the Face to Face Services, including such loss in relation to security, reliability, timeliness and performance of the Face to Face Services or any third party software or services, loss of profit, loss of goodwill, loss of data, loss of business profits or revenue, loss of opportunity, business interruption, loss of information, incorrect information contained in the website or the Face to Face Services, the Face to Face Services not working for any reason whatsoever, computer failure or malfunction, the infringement of rights of a third party, the messages sent to you and the content contained in messages received by you or sent by you, false information or advice, non-confidentiality of, or unauthorised disclosure, use or manipulation of your password, digital certificates or account information, spam or viruses contained in messages or the infection of your computer with spam or viruses, your failure to send or receive messages or store messages, or the unauthorised access to your or others’ messages, the misdelivery or untimely delivery of any messages or other information, negligence or misuse of any kind whatsoever by any person or by us, accuracy of any information provided, your reliance on any digital signing or digital certificate or any information contained therein being stolen or compromised, work stoppage, suspension or cancellation of your account or interruption of the Face to Face Services, non response or delayed response in the provision of any support services, outages or down time in relation to the Face to Face Services or the non refund of any fees as a result thereof, or in relation to defects, errors or malfunctions resulting from any other reason whatsoever or any similar act or forbearance to those set out in this clause. You understand and agree that you use the Face to Face Services and all third party software and services made available or in conjunction with or through the Face to Face Services, at your own discretion and risk and that you will be solely responsible for any such loss from the use of the Face to Face Services or any third party software or services.  You agree that Face to Face’s entire liability and your exclusive remedy with respect to the Face to Face Services and/or any breach of this Agreement by Face to Face is solely limited to the amount you paid for the Face to Face Services.

(c) You indemnify and covenant to keep indemnified Face to Face against any such loss, including legal fees, suffered or incurred by Face to Face caused or arising in connection with or as a result of your use of the Face to Face Services, or your failure to perform your obligations under this Agreement. This indemnity is a continuing obligation, separate and independent from other obligations under these Terms and survives beyond cancellation of your account or termination of this Agreement.

(d) The information contained herein by Face to Face or any third party should not be considered medical advice, and is not intended to replace a consultation with a qualified physician.  You are advised to consult your physician concerning medical advice and/or a treatment.

(e) Face to Face does not endorse or make any claim to the efficacy, appropriateness or suitability of any product or Service/treatment described within this website or in any publication on any website linked to this website. The materials and information provided on this website are provided without any representations or warranties of any kind either expressed or implied.

(f) Product packaging may vary from pictured image from time to time, however quantity, ingredients and size will always remain the same.

   12. Miscellaneous provisions:

(a) This agreement is governed by the law in force in Victoria Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

(b) No provision contained in this Agreement will be deemed waived unless such waiver is in writing and signed by Face to Face. The failure of Face to Face to exercise or enforce any right or provision contained in this Agreement does not constitute a waiver of such right or provision.

(c) These Terms, together with any documents, policies, price schedules or other supplemental documents incorporated in these Terms by reference, constitute the entire agreement between you and Face to Face relating to its subject matter and supersede any other understandings, communications, representations or advertising relating to the Face to Face services.

(d) If any provision contained in this Agreement is or becomes invalid, void or unenforceable, then such provision is to be construed as severed and the remainder of the terms will continue in full force and effect.

(e) Neither party is liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control.

(f) You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Face to Face. Face to Face may assign this Agreement. Any attempted assignment by you terminates this Agreement.

(g) Except as otherwise provided in this Agreement, all notices and other communications to you will be in writing or displayed on our web site or in the Face to Face Services or by mail or email to you and will be deemed to have been received by you on the date posted on the website or in the Face to Face Services or on the date sent to you by email or mail.

   14. Face to Face Customer Contact:

   If you would like to contact Face to Face for any reason, please call 0414 484 191 (in Australia only), or email             info@facetofacemedical.com.au

+61 414 484 191

©2020 by Face to Face Medical.