Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE OR THIS SITE
Welcome! We want to help men from all walks of life who suffer from either Erectile Dysfunction or Premature Ejaculation Australia wide. Our mission is to be the clinic that any man can feel comfortable contacting at any time.
These terms and conditions are between Alpha Male Clinic Pty Ltd (ABN: 13 643 772 909), (we, us or our) and you, the individual wishing to purchase our Goods and Services (you or your), together the Parties and each a Party. This Agreement forms the entire agreement under which we will provide the Goods and Services to you.
- You have requested the Goods and Services, and you accept this Agreement by the earlier of:
- instructing us (whether orally or in writing) to proceed with the Goods and Services;
- making part or full payment of the Price; or
- accepting this Agreement online or sending an email accepting this Agreement (expressly or impliedly).
2. GOODS AND SERVICES
- We agree to provide you the Goods and Services in accordance with this Agreement and using our Personnel.
- We provide our Goods and Services via 6 month or 12 month programmes. You will choose length of your programme during a consultation with us and you will pay the applicable Price depending on the programme you choose.
- Once you have paid the Price, we will send you a welcome email including details such as the programme start and finish date, the details of your designated programme manager and the inclusions of your programme.
- We will then arrange a telephone consultation for you with one of our partner doctors who will review your information, determine whether you are suitable for our programmes and create a customised treatment plan for you which may include prescribed medication.
- You must complete and accurate information (including a full list of any current medications you are taking) and you must not omit information relevant to the Goods and Services you have purchased from us. It is your responsibility to advise your general practitioner of any medications which our partner doctors have prescribed to you.
- After the telephone consultation with our partner doctor, we will arrange for any prescribed medication to be dispensed and delivered to you by our partner pharmacy.
- You acknowledge and agree that any dates for delivery of Goods or Services notified by us are estimates only, and we will have no Liability to you for failing to meet any estimated delivery date.
- If our partner doctor decides that our Goods and Services are not suitable for you, we will refund you the Price minus an administration fee to cover our expenses and the cost of the partner doctor consultation.
- Our partner doctors will only issue medical certificates relating to your programme, at your request, if they are clinically appropriate.
- You will have access to our doctor partners and your designated programme manager throughout the Term. However where you continuously or frequently submit requests for consultations or email responses of a volume that is greater than average (based on the data we gather from request from our other customers), we may:
- give you notice of this; and
- if you do not adjust your requests in line with our request for you to do so, we may place limits on the number of requests you may make.
3. DELIVERY, TITLE AND RISK
- We will use reasonable endeavours to deliver the Goods to your nominated delivery address within a reasonable time after your first telephone consultation and when required thereafter.
- Delivery costs are included in the Price.
- Title in the Goods will remain with us until all amounts due and payable to us under this Agreement are paid by you in full. Risk in the Goods will pass to you on delivery of the Goods to your nominated delivery address.
- You agree that we hold a general lien over any Goods owned by us that are in your possession, for the satisfactory performance of your obligations under this Agreement.
4. PRICE AND PAYMENT
- The Price includes GST and any postal or delivery charges for the medication you are prescribed by our doctor partners.
- You agree to pay the Price before we commence the provision of the Goods and Services via our third party payment processor or, at our discretion, via bank transfer.
- To the extent permitted by law, and subject to your Statutory Rights, the Price is non refundable.
- We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines that apply to our provision of the Goods and Services.
6. YOUR OBLIGATIONS AND WARRANTIES
- You represent, warrant, acknowledge and agree that:
- there are no legal restrictions preventing you from engaging us, or agreeing to this Agreement;
- you are located in Australia. Our partner doctors can only prescribe to individuals located in Australia;
- you have not relied on any representations or warranties made by us in relation to the Goods and Services (including as to whether the Goods and Services are or will be fit or suitable for your particular purposes or will guarantee you particular results), unless expressly stipulated in this Agreement;
- you will cooperate with us and will provide us with all documentation, information and instructions necessary to enable us to provide the Goods and Services, as requested by us, from time to time, and in a timely manner; and
- the information you provide to us is true, correct and complete.
7. YOUR STATUTORY RIGHTS
- Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Goods and Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
- You agree that our Liability for the Goods and Services is governed solely by the ACL and this Agreement.
- Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Goods and Services) are provided to you without warranties, representations and guarantees of any kind, unless expressly stipulated in this Agreement.
- Subject to your Statutory Rights and any other express right in this Agreement, all amounts paid by you for the Goods and Services are non-refundable. We do not offer refunds for change of mind.
- This clause 7 will survive the termination or expiry of this Agreement.
8. TERM AND TERMINATION
- This Agreement will commence on the date it is accepted in accordance with its terms and will continue until the date on which we have completed provision of the Goods and Services to you (as reasonably determined by us), unless earlier terminated in accordance with this clause 8 (Term which includes any Further Term).
- The Parties may mutually agree to extend this Agreement by a further term of either 6 months or 12 months (Further Term) in which case you must pay us the Price for the further term.
- If the Agreement is extended by the Further Term:
- it will operate until the last day of the Further Term, unless terminated earlier in accordance with this clause 8; and
- all of the terms and conditions contained in this Agreement will continue to apply for the Further Term (unless otherwise agreed between the Parties in writing).
- Either Party may terminate this Agreement if the other Party breaches a material term of this Agreement, and that breach has not been remedied within 10 Business Days of the Party in breach being notified by the other Party of the breach and the steps required to remedy the breach.
- On termination or expiry of this Agreement, and without limiting our rights under this Agreement or at law, you agree:
- that any amounts you have paid for Goods and Services are non-refundable; and
- to pay us our additional costs arising from, or in connection with, termination if we terminate this Agreement under clause 8.4.
- The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
- This clause 8 will survive the termination or expiry of this Agreement.
9. LIABILITY, INDEMNITY AND EXCLUSIONS
- Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):
- acts or omissions of you or your Personnel (including any works, goods or services provided by you or your Personnel);
- breach of this Agreement, any law or third party rights by you or your Personnel;
- loss or damage which is the inevitable part of providing the Goods and Services;
- the Goods and Services any delay in us providing the Goods and Services to you, for whatever reason;
- any information, documentation, specifications or directions given by you; and/or
- any event or circumstance beyond our reasonable control, including a Force Majeure Event (whether known or unknown at the date this Agreement is accepted in accordance with its terms).
- Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
- your acts or omissions; or
- any information, documentation, specifications or directions given by you.
- Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for any Consequential Loss; and
- our maximum aggregate Liability in relation to the provision of the Goods and Services or this Agreement will be limited to us resupplying the Goods and Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Goods and Services to which the Liability relates.
- This clause 9 will survive the termination or expiry of this Agreement.
10. INTELLECTUAL PROPERTY
- As between the Parties, all Intellectual Property Rights developed, adapted, modified or created by or on behalf of us or our Personnel (including in connection with this Agreement, the provision of the Goods and Services and/or developed by us or our Personnel independently of this Agreement), will at all times vest, or remain vested, in us. Nothing in this Agreement constitutes a transfer or assignment of any of our Intellectual Property Rights.
- This clause 10 will survive the termination or expiry of this Agreement.
- Amendment: This Agreement may only be amended in writing and as agreed by the Parties.
- Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
- Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction, or will operate to prevent a Party from taking steps to recover any debt.
- Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
- Force majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control, including a Force Majeure Event, whether known or unknown at the date this Agreement is accepted in accordance with its terms.
- Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and your obligations under it.
- Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
- Severance: If any provision (or part of it) under this Agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) of this Agreement is valid and enforceable.
- INTERPRETATION & DEFINITIONS
- Any reference to “Goods and Services” may mean “Goods and/or Services”, as the case may be.
- In this Agreement:
- Business Days means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
- Consequential Loss includes any consequential, special or indirect loss, damage or expense, or any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, and howsoever arising).
- Force Majeure Event means any one, or combination of law or government regulation which comes into force or any act of God, flood, war, revolution, civil commotion, political disturbance, fire explosion, ionizing radiation, contamination by radioactivity, nuclear, chemical or biological contamination, disease, epidemic, pandemic (including in relation to the coronavirus, severe acute respiratory syndrome coronavirus 2, or any mutation thereof), government sanctioned shutdown, global economic downturn or any other cause whatsoever over which a Party has no control.
- Goods means the goods we agree to provide under this Agreement, as prescribed by our doctor partners as part of your programme.
- GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Intellectual Property means any copyright, registered or unregistered designs, patents or trade mark rights, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes (including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing).
- Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a Party or otherwise.
- Personnel means any of our employees, consultants, suppliers, subcontractors or agents and includes our doctor partners and our pharmacy partners.
- Price means the price notified to you by our Personnel and agreed with you.
- Services means the services we agree to perform under this Agreement, being telephone telehealth doctor consultations relating to your programme and telephone consultations and email exchanges with your designated programme manager throughout your programme.
Site means our website available at www.alphamaleclinic.com
Term takes the meaning given to it in clause 8.1.
For any questions and notices, please contact us at:
Alpha Male Clinic Pty Ltd (ABN: 13 643 772 909)
Last update: 15 October 2020