Terms and Conditions

Introduction

  1. These Terms and Conditions (“Terms and Conditions”) govern the use of www.circumcisionvasectomyaus.com.au (“the Site”), the Circumcision Vasectomy Australia (“CVA”) mobile application (“the App”) and where applicable the CVA clinical management system. The Site and the App are owned and operated by CVA (“we”, “us”, “our”). The CVA website, any platforms, systems and App are collectively referred to as (the “Services”) in these terms.
  2. YOUR USE OF THE SERVICES AND CVA’s PROVISION OF MEDICAL HEALTH SERVICES TO YOU INDICATES YOUR ACCEPTANCE and AGREEMENT TO THESE TERMS AND CONDITIONS INCLUDING ANY UPDATES WE MAKE FROM TIME TO TIME.
  3. If you do not agree to these Terms and Conditions, you must not use or access the Services.
  4. CVA reserves the right to update or amend these Terms and Conditions and change the Services offered to you from time to time, which will be notified by post on the Services, and you agree to be bound by the updated terms.
  5. It is your responsibility to review our updated terms. You accept CVA may discontinue or restrict your use of the Services for any reason and without notice where it may be required due to changes in law or otherwise due to any urgent event or emergency such as a data breach.

Privacy Policy

  1. By engaging with CVA whether on its Site or by use of the App you acknowledge having read and consented to our Privacy Policy in addition to these Terms and Conditions which outlines our obligations to store, manage and protect your personal and sensitive information. CVA is bound by and undertakes to be compliant with the Australian Privacy Principles (“APPs”), the Credit Reporting Privacy Code (“the Code”) and the Privacy Act 1988 (Cth) (“Privacy Act”).
  2. You consent to CVA (or its related entities) sending you emails and updates about our products and services and consent to CVA contacting you during usual business hours for matters relating to our Site via post, email or phone.
  3. We may revise the Privacy Policy if and as required by law which will be available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately discontinue using the Services.

The CVA Services

  1. CVA’s services include the provision of specialised medical services for circumcisions, frenuloplastys and vasectomies by registered medical practitioners. The Site is a platform for patients to access information on our services and book and manage appointments and take payments via Stripe. The App is a health care messaging platform that connects patients with a clinician or online robot to assist with post-operative and normal healing information.
  2. We may modify, alter, or discontinue any aspect of the Services but will advise you if we do so on the Site or by direct email communication.

Account Creation and Maintenance

  1. CVA require you to provide accurate registration information and maintain the confidentiality of your password and CVA shall not be liable for any loss or damage resulting from your failure to comply with the required security obligations which are used to also identify the user and protect your personal data. Account sharing may be permitted where our services are provided to a parent or guardian who may have multiple children. In all other circumstances, account sharing or transfer is prohibited.
  2. You must notify us immediately of any unauthorised use or access of your account.
  3. In using your account, you agree that you will not:
    • engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of those categories;
    • disclose or share your password or login information for the Services with any party;
    • use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
    • copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example, using only accurate and current photos), name, age, identity, affiliation, connection or association with any other person or entity;
    • use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
    • post a person’s personal information or images without express permission;
    • solicit or engage in any illegal or unlawful activity;
    • use the Services to redirect users to other websites or encourage users to visit other websites or use the Services for any phishing, trolling or similar activities;
    • defraud, scam, hack, swindle or deceive other users of the Services;
    • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means  to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
    • circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the terms;
    • attempt to access any Services or area of the website that you are not authorised to access;
    • allow third parties to access and use the Services via your account;
    • collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
    • use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
    • embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
    • use any kind of code, program or device containing reference to us or the Services to direct any person to any other website for any purpose;
    • resell, rent out or make any commercial use of the Services;
    • use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
    • attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures;
    • use automated methods or processes to use or access the Services or create user accounts;
    • attempt to, or gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
    • cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
    • use the Services other than for their intended purpose.

Termination of Account

You have no ownership rights in your Account, and we may investigate or terminate your Account and User Content for any reason, including breach of these Terms and Conditions, security risks or anticipated risk and damage to the CVA business at any time and without notice.

Payment  

These Terms and Conditions govern the offer of services by CVA available on our Site and via the CVA clinical management system.

For services available on our Site, we may require you on booking an appointment to pay a Deposit in advance by payment of an initial deposit with the balance payable on the day of surgery and prior to surgery commencing.

These Terms and Conditions apply to all services on our Site at the time you access it. All information, descriptions, or images CVA provide about our services are as accurate as possible.

The information, descriptions, or images on the Site are for information purposes only and the services provided will be tailored to your specific needs and conditions.

There may be circumstances where CVA may need to cancel your booking or change it. If we cancel your booking, we shall refund you any amount paid as at the date of cancellation.

Refunds

We will only provide refund for any pre-paid services:

  1. if a booked surgery is re-scheduled within one week of the scheduled surgery and you elect not to proceed with the surgery, the deposit is forfeited to cover CVA’s reasonable administrative costs and expenses; or
  2. if the booked surgery is cancelled by you without a medically acceptable reason for the scheduled surgery, the deposit you have paid will be forfeited to cover CVA’s reasonable administrative costs and expenses.
  3. if you decide not to proceed with your booked surgery or fail to attend any consultation booked or attend the booked surgery having paid a deposit (for any reason whatsoever) the deposit and any monies paid to CVA will be non-refundable.
  4. If you cancel any booked consultation within 24 hours prior, you lose the whole of your deposit, as per (c) above.

Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies to CVA’s provision of services and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that consumer legislation, and these Terms and Conditions will be read subject to those provisions. If there is a conflict between these Terms and Conditions and the legislation, the provisions of the legislation will apply.

Use of the Services

  1. You must comply with all laws and comply with and respect all of CVA’s intellectual property rights when using the Services and not interfere with the operation of the Services or use them for illegal activities.
  2. By using the Services, you represent your use of the Services will comply with all applicable laws and regulations in Australia, in your state or country or in the location that you access the Services.

Third-Party Goods and Services

The CVA Services may offer goods and services from third parties and CVA cannot guarantee or give any warranty as to the quality or accuracy of the goods and services provided by third parties.

Intellectual Property

  1. All content whether in written form or images contained on the Services (website and App) are copyright and the property of CVA and the Services’ creators and protected by law. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the Services. CVA rights are protected by registered trademark and copyright laws, and you must not reproduce or use CVA’s IP without permission.
  2. Access to and use of CVA’s IP is granted on a revocable, non-sublicensable, and limited license for the sole purpose of access to and use of the services supplied by CVA.
  3. You may use CVA’s IP on a revocable, non-sublicensable basis for your non-commercial personal information purposes. This content cannot be redistributed, downloaded, reproduced, posted or republished in any way via any medium or for any commercial enterprise without our prior written consent.

Liability

  1. While we uphold all legal obligations concerning goods and services under the Competition and Consumer Act (2010), our liability is limited, except where prohibited by law.
  2. You agree and understand that you are responsible for your own acts, omissions and negligence and if there are consequences for your acts, omissions or negligence by accessing and using CVA services and you will be solely liable for those consequences.

Assignment of rights

You may not assign any of your rights under these Terms and Conditions without our prior written consent which may be withheld in our absolute discretion.

Continuing obligations

Those provisions that are stated to continue beyond your use of the services will continue to apply and be enforceable.

Disclaimer of Warranty

We provide the Services and its contents and the use of any information on the contents of the Services is at your own risk.

While we aim to update the Services regularly, CVA does not make a representation as to the completeness, accuracy, currency or reliability of the information contained on the Services.

Release and Indemnity

Except where prohibited by law, by using the Services, you indemnify and hold harmless CVA and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Services or your violation of these Terms and Conditions.

Governing Law

These Terms and Conditions are governed by the laws of the State of Victoria.

Force Majeure

If CVA is unable to perform in whole or in part any obligation under these Terms and Conditions because of circumstance beyond CVA control, we are relieved of that obligation to the extent and for the period that CVA is unable to perform the obligations and you agree CVA will not be held liable for any delay or failure in performance of any part of the Services or for any claim for consequential losses.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Waiver

Any failure or delay by CVA in exercising a right or power in relation to these terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss or expense that may have been incurred or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these terms.

Entire Agreement

These Terms and Conditions, and all other terms and policies comprise the entire agreement and supersede all prior written and oral agreements, representation, undertakings and understandings.

Where there is an inconsistency between these Terms and Conditions and any additional updated or varied terms, the updated and varied terms will prevail. This clause survives termination of these Terms and Conditions.

Payment Facility

Where CVA may use a third-party payment facility and payment can be made via card (eftpos or online), cash or bank transfer.

Payment by credit card may apply surcharges for which you will be liable. Please ensure your payment details are up to date to avoid service interruption and accept Credit and debit cards on our Site:

On provision of your payment information, you authorise CVA to use and access the payment instrument and method you have chosen and by providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.  All references to currency and methods of payment shall be in Australian dollars.