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Terms & Conditions

Welcome to Kin!Thanks for using our products and services and thank you for taking the time to read our terms and conditions. This website located at www.kinfertility.com.au (the Website) is owned and operated by Kin Fertility Pty Ltd ABN 94 633 968 644 (Kin Fertility).

By using this website and in consideration of Kin Fertility providing you with access to the Website, you agree to the following Terms and Conditions, which, together with the Privacy Policy, govern your access to and use of the Website.

We reserve the right to amend these Terms and Conditions from time to time.

  • Introductions

    • 1.1Kin Fertility Pty Ltd ABN:94 633 968 644 (we, us, our) is an online health platform dedicated to fertility health. At Kin Fertility we:
      • Create and link high quality information about various aspects of male and female fertility; and
      • Facilitate confidential consultations between our customers and:
      • Australian Registered doctors (Partner Doctors); and
      • Other Australian registered health providers who provide fertility services, such as pathology providers and pharmacists (Partner Providers).
    • 1.2Kin Fertility is a virtual fertility medical centre. This means you no longer need to book time off work to sit in a waiting room or wait in pharmacy queues. Kin Fertility can link you with Partner Doctors and Partner Providers who can consult you and provide you with tailored fertility advice.
    • 1.3It is important you are aware that our Website content and any communications you have with Kin Fertility representatives (other than Partner Doctors and Partner Providers) do not constitute medical advice. You should always obtain medical advice from a Partner Doctor, Partner Provider or your regular doctor to ensure any particular medication or treatment is suitable and safe for you. This is because Kin Fertility is a virtual medical platform that links its customers with registered health providers. Kin Fertility does not provide health services.
  • User account

    • 2.1In order to make orders through the Website or attend consultations with Partner Doctors or Partner Providers you must become a registered customer. Each customer is allowed to create a maximum of one registered customer account (Account).
    • 2.2Registered account holders must:
      • Be over 18 years old (16 years of age in limited circumstances where doctor determines Gillick Competence applies);
      • Reside in Australia;
      • Be capable of entering a legally binding agreement with Kin Fertility; and
      • Agree to these Terms and Conditions.
    • 2.3Registered account holders are required to create an Account password and keep it secure. If you suspect your Account has been subject to unauthorised use you must immediately notify Kin Fertility and change your password. This is important so that your personal information remains secure.
    • 2.4When you register for an Account you will provide Kin Fertility with personal information about you, including for instance, your name, age, date of birth, gender, contact details and sensitive health information. We will handle your personal information in accordance with our Privacy Policy. It is your responsibility to ensure the information you provide is up to date and complete.
    • 2.5You agree that all information provided to Kin Fertility, our Partner Doctors and Partner Providers will be accurate and complete and that you will not omit any information that a reasonable person would consider relevant to the services you seek through the Website.
    • 2.6It is your responsibility to advise your regular doctor of any medications or treatments our Partner Doctors have prescribed to you. However, if you would like our Partner Practitioners or Partner Providers to forward information to your regular doctor on your behalf (for instance, information about medications prescribed or treatment provided to you by a Partner Practitioner), please let your Partner Practitioner know and provide your written consent for us to do so.
  • Closing your Account?

    • 3.1If at any time you wish to close your Account you should email [email protected]
    • 3.2If at any time you wish to unsubscribe from Kin Fertility information alerts, please click the 'unsubscribe' button at the bottom of any Kin Fertility email.
  • Services

    • 4.1Kin Fertility takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a Partner Doctor or Partner Provider. You and your Partner Doctor or Partner Provider are responsible for the conduct of each consultation and all information or communications made.
    • 4.2Partner Doctors and Partner Providers have the same obligations to you as if they were consulting you in person, and may ask to follow-up with you by telephone or in person if they believe this is clinically necessary. Partner Doctors will make notes of each consultation with you and it is their responsibility to hold and maintain your records as required by law. Kin Fertility may from time to time hold copies of notes made by your Partner Doctor or Partner Providers and will maintain their security in accordance with our Privacy Policy.
    • 4.3Kin Fertility does not guarantee that a consultation with a Partner Doctor or Partner Provider is suitable for you.
  • Intellectual Property

    • 5.1All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Kin Fertility. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Kin Fertility, or as permitted by law. All rights of Kin Fertility are reserved.
    • 5.2'Kin Fertility' and the Kin Fertility logo are trade-marks of Kin Fertility.
    • 5.3Trade-marks used on the Website to describe third parties and their products are trade-marks of those third parties.
  • Linking and Third Party Content

    • 6.1You must not link to, frame or mirror any part of the Website without Kin Fertility's written authorisation. To discuss partnership opportunities please contact us using the details at the bottom of this form.
    • 6.2The Website may contain links to or display the content of third parties (Third Party Content), including links to Websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Kin Fertility. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  • Your conduct

    • 7.1You must not:
      • use the Website in breach of any applicable laws or regulations;
      • use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Kin Fertility);
      • use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
      • interfere with, disrupt, or create an undue burden on the Website;
      • upload, post, transmit or otherwise make available any material that:
      • is not your original work, or which may infringe the intellectual property or other rights of another person;
      • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, fertility status, age, sexual orientation or any physical or mental disability;
      • includes an image or personal information of another person unless you have their consent;
      • you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
      • contains large amounts of untargeted, unwanted or repetitive content; or
      • contains financial, legal or other professional advice.
    • 7.2Without limiting the above, you will not and will not permit a third party to:
      • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
      • use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
      • do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

      If you believe that a user has breached any of the above conditions, please contact us.

    • 7.3Kin Fertility reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. You agree to indemnify Kin Fertility and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Kin Fertility in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
    • 7.4Kin Fertility is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Kin Fertility. Kin Fertility does not endorse any opinion, advice or statement made by any person other than Kin Fertility.
  • Your content

    • 8.1Information and material that you submit to the Website, including, without limitation, text, images, audio material, video material and audio-visual material, is referred to in these terms of use as 'your content'.
    • 8.2You grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute your content uploaded to the Website in any existing or future media, and you unconditionally waive all moral rights as defined by the Copyright Act 1968. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
    • 8.3However, any personal information uploaded by you to the Website for the purpose of seeking health services or our products will be treated as confidential information between you and Kin Fertility. Your personal information will not be published on the Website or made available publicly. For the avoidance of doubt, Kin Fertility will not use, reproduce, edit or exploit your personal, health or other sensitive information.
    • 8.4You guarantee and represent that your content will comply with these Terms of Use.
    • 8.5You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
    • 8.6We will store and maintain all material and records as required by law.
    • 8.7Notwithstanding our rights under these Terms of Use in relation to your content, we do not undertake to monitor the submission of content uploaded to the Website, or the publication of such content on, our Website. This clause is intended to disclaim editorial responsibility for content.
  • Cookies

    A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit customer requirements.

    We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our advertising campaigns based on your prior visits to our Website or the websites belonging to members of our group.

    While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

  • Liability

    • 10.1To the extent permitted by law, Kin Fertility is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on the Website or due to the fact that Website content is wrong, incomplete or out of date.
    • 10.2To the extent permitted by law, Kin Fertility disclaims any liability arising from the actions of Partner Doctors or Partner Providers. The liability for the actions of Partner Doctors and Partner Providers, including advice provided and prescriptions ordered, prepared and filled through the Website, rests solely with those third parties providers.
    • 10.3All health related queries should be directed to Partner Doctors and Partner Providers and not to Kin Fertility. Their contact details will be provided to you by contacting [email protected]
  • Warranty and Disclaimer

    • 11.1By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
    • 11.2To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website and its use are hereby excluded. By accessing our Website, you agree to indemnify Kin Fertility and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
    • 11.3Kin Fertility makes no guarantee that the products and services provided through the Website are fit for your intended purpose. All products and services provided through the Website are provided on an 'as is' basis without warranty of any kind, express or implied.
  • Jurisdiction

    These Terms and Conditions are governed by the laws of New South Wales, Australia.

  • Contact

    If you have any queries regarding these Terms and Conditions, please contact us at [email protected]