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		<title>MOBILE APP TERMS AND CONDITIONS OF USE</title>
		<link>https://iconceive.au/mobile-app-terms-and-conditions-of-use/</link>
		
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		<pubDate>Tue, 06 Aug 2024 13:25:01 +0000</pubDate>
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					<description><![CDATA[MOBILE APP TERMS AND CONDITIONS OF USE &#160; &#160; About the Application   Welcome to iConceive (Application ). The Application facilitates interactions between: &#160; parties providing services (Provider); and &#160; parties receiving services (Receiver), &#160; making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a...]]></description>
										<content:encoded><![CDATA[<h2><strong>MOBILE APP TERMS AND CONDITIONS OF USE</strong></h2>
<p>&nbsp;</p>
<p>&nbsp;</p>
<ol>
<li><strong>About the Application</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>Welcome to iConceive (<strong>Application</strong> ). The Application facilitates interactions between:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>parties providing services (<strong>Provider</strong>); and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>parties receiving services (<strong>Receiver</strong>),</li>
</ul>
<p>&nbsp;</p>
<p>making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (<strong>Services</strong>).</p>
<p>&nbsp;</p>
<ul>
<li>The Application is operated by iConceive Pty Ltd (ACN 661 951 659). Access to and use of the Application, or any of its associated products or Services, is provided by iConceive Pty Ltd. Please read these terms and conditions (<strong>Terms</strong>) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its products or Services, immediately.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>iConceive Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When iConceive Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.</li>
</ul>
<p>&nbsp;</p>
<ol start="2">
<li><strong>Acceptance of the Terms</strong></li>
</ol>
<p><strong> </strong></p>
<p>You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by iConceive Pty Ltd in the user interface.</p>
<p><strong> </strong></p>
<ol start="3">
<li><strong>The Services</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>In order to access the Services, both the Receiver and the Provider are required to register for an account through the Application (<strong>Account</strong> ).</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Email address</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Preferred username</li>
</ul>
<p>&nbsp;</p>
<p>&nbsp;</p>
<ul>
<li>Telephone number</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>____________________</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>You warrant that any information you give to iConceive Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Once you have completed the registration process, you will be a registered member of the Application (<strong>Member</strong>) and agree to be bound by the Terms.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>You may not use the Services and may not accept the Terms if:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you are not of legal age to form a binding contract with iConceive Pty Ltd; or</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.</li>
</ul>
<p>&nbsp;</p>
<ol start="4">
<li><strong>Your obligations as a Member</strong></li>
</ol>
<p><strong> </strong></p>
<p>As a Member, you agree to comply with the following:</p>
<p><strong> </strong></p>
<ul>
<li>you will not share your profile with any other person;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you will use the Services only for purposes that are permitted by:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>the Terms; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify iConceive Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>any content that you broadcast, publish, upload, transmit, post or distribute on the Application (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>access and use of the Application is limited, non-transferable and allows for the</li>
</ul>
<p>&nbsp;</p>
<p>sole use of the Application by you for the purposes of providing the Services;</p>
<p>&nbsp;</p>
<ul>
<li>you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of iConceive Pty Ltd ;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by iConceive Pty Ltd for any illegal or unauthorised use of the Application; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you acknowledge and agree that any automated use of the Application or its Services is prohibited.</li>
</ul>
<p>&nbsp;</p>
<ol start="5">
<li><strong>Using the Application as the Receiver</strong></li>
</ol>
<p><strong> </strong></p>
<p>____________________</p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<ol start="6">
<li><strong>Using the Application as the Provider</strong></li>
</ol>
<p><strong> </strong></p>
<p>____________________</p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<ol start="7">
<li><strong>Payment</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>By iConceive Pty Ltd offering the Services to you, you agree that:</li>
</ul>
<p>&nbsp;</p>
<p>per Assisted Reproductive Techniques and any In-Vitro Fertilisation treatment cycle</p>
<p>&nbsp;</p>
<ul>
<li>All payments made in the course of your use of the Services are made using PayPal or other approved payment gateway. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal or other approved payment gateway terms and conditions which are available on their Application.</li>
</ul>
<p>&nbsp;</p>
<ol start="8">
<li><strong>Refund Policy</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>All Providers agree to comply with the <em>Australian Consumer Law</em>. Any benefits set out in this Terms and Conditions may apply in addition to consumer&#8217;s rights under the <em>Australian Consumer Law</em>.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Since iConceive Pty Ltd is only a facilitator in introducing the Receiver to the</li>
</ul>
<p>&nbsp;</p>
<p>Provider and providing a system to make safe payment, iConceive Pty Ltd does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.</p>
<p>&nbsp;</p>
<ul>
<li>Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then iConceive Pty Ltd requires the Receiver to:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>contact the Provider directly to request a refund; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>if contacting the Provider is not successful after fourteen (14) days, contact iConceive Pty Ltd through the &#8216;Contact Us&#8217; section of the Application outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>complete the iConceive Pty Ltd refund request form (<strong>Request Form</strong>) provided on the Application; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>provide both the Request Form and the email from the Receiver requesting the refund to iConceive Pty Ltd.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>If the Provider agrees to a refund it is acknowledged that the Provider will instruct iConceive Pty Ltd to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by iConceive Pty Ltd in processing the refund.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.</li>
</ul>
<p>&nbsp;</p>
<ol start="9">
<li><strong>Copyright and Intellectual Property</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>The Application, the Services and all of the related products of iConceive Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by iConceive Pty Ltd or its contributors.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>All trademarks, service marks and trade names are owned, registered and/or licensed by iConceive Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>use the Application pursuant to the Terms;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>copy and store the Application and the material contained in the Application in your device&#8217;s cache memory; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>print pages from the Application for your own personal and non-commercial use.</li>
</ul>
<p>&nbsp;</p>
<p>iConceive Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by iConceive Pty Ltd.</p>
<p>&nbsp;</p>
<ul>
<li>iConceive Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),</li>
</ul>
<p>&nbsp;</p>
<p>to you.</p>
<p>&nbsp;</p>
<ul>
<li>You may not, without the prior written permission of iConceive Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to iConceive Pty Ltd a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.</li>
</ul>
<p>&nbsp;</p>
<ol start="10">
<li><strong>Privacy</strong></li>
</ol>
<p><strong> </strong></p>
<p>iConceive Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to iConceive Pty Ltd&#8217;s Privacy Policy, which is available on the Application and at https://iconceive.au/privacy.</p>
<p><strong> </strong></p>
<ol start="11">
<li><strong>General Disclaimer</strong></li>
</ol>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>(a)           Nothing in the Terms limits or excludes any guarantees, warranties,</p>
<p>&nbsp;</p>
<p>representations or conditions implied or imposed by law, including the <em>Australian</em> <em>Consumer Law </em>(or any liability under them) which by law may not be limited or excluded.</p>
<p>&nbsp;</p>
<ul>
<li>Subject to this clause, and to the extent permitted by law:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>iConceive Pty Ltd we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you &#8220;as is&#8221; and &#8220;as available&#8221; without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of iConceive Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of iConceive Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>costs incurred as a result of you using the Application, the Services or any of the products of iConceive Pty Ltd; and</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>the Services or operation in respect to links which are provided for your convenience.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>You acknowledge that iConceive Pty LtdApplication and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and iConceive Pty Ltd holds no liability to you as a result of any conduct of the Members or the misuse of Your</li>
</ul>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Content by any party (including other Members).</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<ol start="12">
<li><strong>Competitors</strong></li>
</ol>
<p><strong> </strong></p>
<p>If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of iConceive Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, iConceive Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.</p>
<p><strong> </strong></p>
<ol start="13">
<li><strong>Limitation of Liability</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>iConceive Pty Ltd&#8217;s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>You expressly understand and agree that iConceive Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>You acknowledge and agree that iConceive Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.</li>
</ul>
<p>&nbsp;</p>
<ol start="14">
<li><strong>Termination of Contract</strong></li>
</ol>
<p><strong> </strong></p>
<ul>
<li>If you want to terminate the Terms, you may do so by providing iConceive Pty Ltd with 14 days&#8217; notice of your intention to terminate by sending notice of your intention to terminate to iConceive Pty Ltd via the &#8216;Contact Us&#8217; link on our homepage.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>iConceive Pty Ltd may at any time, terminate the Terms with you if:</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>you have breached any provision of the Terms or intend to breach any provision;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>iConceive Pty Ltd is required to do so by law;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>iConceive Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>the provision of the Services to you by iConceive Pty Ltd is, in the opinion of iConceive Pty Ltd, no longer commercially viable.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Subject to local applicable laws, iConceive Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts iConceive Pty Ltd&#8217;s name or reputation or violates the rights of those of another party.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>When the Terms come to an end, all of the legal rights, obligations and liabilities that you and iConceive Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.</li>
</ul>
<p>&nbsp;</p>
<ol start="15">
<li><strong>Indemnity</strong></li>
</ol>
<p><strong> </strong></p>
<p>You agree to indemnify iConceive Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:</p>
<ul>
<li>all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>any breach of the Terms.</li>
</ul>
<p>&nbsp;</p>
<p>&nbsp;</p>
<ol start="16">
<li><strong>Dispute Resolution</strong></li>
</ol>
<p><strong> </strong></p>
<p><strong>16.1.  Compulsory:</strong></p>
<p>&nbsp;</p>
<p>If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).</p>
<p>&nbsp;</p>
<p><strong>16.2.     Notice:</strong></p>
<p>&nbsp;</p>
<p>A party to the Terms claiming a dispute (<strong>Dispute</strong>) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.</p>
<p>&nbsp;</p>
<p><strong>16.3.     Resolution:</strong></p>
<p>&nbsp;</p>
<p>On receipt of that notice (<strong>Notice</strong>) by that other party, the parties to the Terms</p>
<p>&nbsp;</p>
<p>(<strong>Parties</strong>) must:</p>
<p>&nbsp;</p>
<ul>
<li>Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the</li>
</ul>
<p>____________________;</p>
<p>&nbsp;</p>
<ul>
<li>The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>The mediation will be held in Albury, Australia.</li>
</ul>
<p>&nbsp;</p>
<ol start="16">
<li><strong> Confidential</strong></li>
</ol>
<p>&nbsp;</p>
<p>All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as &#8220;without prejudice&#8221; negotiations for the purpose of applicable laws of evidence.</p>
<p>&nbsp;</p>
<p><strong>16.5.     Termination of Mediation:</strong></p>
<p>&nbsp;</p>
<p>If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<ol start="17">
<li><strong>Venue and Jurisdiction</strong></li>
</ol>
<p><strong> </strong></p>
<p>The Services offered by iConceive Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.</p>
<p><strong> </strong></p>
<ol start="18">
<li><strong>Governing Law</strong></li>
</ol>
<p><strong> </strong></p>
<p>The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>successors and assigns.</p>
<p>&nbsp;</p>
<ol start="19">
<li><strong>Severance</strong></li>
</ol>
<p><strong> </strong></p>
<p>If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.</p>
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			</item>
		<item>
		<title>END USER LICENSE AGREEMENT</title>
		<link>https://iconceive.au/end-user-license-agreement/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 06 Aug 2024 13:22:16 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://iconceive.au/?p=1116</guid>

					<description><![CDATA[END USER LICENSE AGREEMENT THIS AGREEMENT made BETWEEN iConceive Pty Ltd (ACN 661 951 659) of 481 Townsend St, Albury, New South Wales, 2640, Australia(&#8220;Licensor&#8220;) &#8211; and &#8211; you the user (&#8220;Licensee&#8220;)(the &#8220;Parties&#8220;) 1. Definitions and interpretation Definitions In this Agreement (including the recitals) unless the context otherwise requires: Agreement means this agreement and its...]]></description>
										<content:encoded><![CDATA[<h1><strong>END USER LICENSE AGREEMENT</strong></h1>
<p><strong>THIS AGREEMENT </strong>made <strong>BETWEEN </strong><strong>iConceive Pty Ltd </strong>(ACN 661 951 659) of 481 Townsend St, Albury, New South Wales, 2640, Australia(&#8220;<strong>Licensor</strong>&#8220;) &#8211; and &#8211; <strong>you the user </strong>(&#8220;<strong>Licensee</strong>&#8220;)(the &#8220;<strong>Parties</strong>&#8220;)</p>
<h3><strong>1. Definitions and interpretation </strong><strong style="font-size: 16px;">Definitions</strong></h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>In this Agreement (including the recitals) unless the context otherwise requires: <strong>Agreement </strong>means this agreement and its schedule;</li>
</ul>
</li>
</ul>
<p><strong>Product </strong>means iConceive as detailed in Schedule 1;<strong> Terms </strong>means the terms and conditions of this Agreement.</p>
<ul>
<li>Interpretation In this Agreement unless the context otherwise requires:</li>
<li>headings are for convenience only and do not affect its interpretation and construction;</li>
<li>the singular includes the plural and vice versa;</li>
<li>words importing a gender include other genders;</li>
<li>where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;</li>
<li>a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;</li>
<li>&#8220;includes&#8221; is not a word of limitation;</li>
<li>a reference to any thing is a reference to the whole and each part of it;</li>
<li>a reference to a group of persons is a reference to all of them collectively and to each of them individually; and</li>
<li>a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.</li>
</ul>
<h3><strong>2. Acceptance</strong></h3>
<p><strong> </strong>This Agreement is between you and the Licensor, and governs the Products made available to you.</p>
<ul>
<li>Upon:</li>
<li>selecting the &#8216;Accept&#8217; option;</li>
<li>payment of the license fee for the Product at the point of purchasing the licence for the Product; or</li>
<li>upon downloading, installing or using the Product (whichever comes first),</li>
</ul>
<p>you are granted a revocable, non-transferable, non-exclusive and limited licence (&#8220;<strong>Licence</strong>&#8220;) strictly in accordance with the Terms of this Agreement.</p>
<ul>
<li>If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Product.</li>
</ul>
<h3><strong>3. License grant</strong></h3>
<p><strong> </strong>This Agreement entitles you to</p>
<ul>
<li>install and use the Product on a single computer; or</li>
<li>install and make an archival copy of the Product on a storage medium other than a hard drive, and may only be used for the re installation of the Product.</li>
<li>This Agreement does not permit the installation of the Product</li>
<li>on more than one computer at any given time;</li>
<li>on a system that allows shared use of applications;</li>
<li>on a multi-user network; or</li>
<li>on any configuration or system of computers that allow multiple users unless you have a license for each separate computer on which the product is installed and run.</li>
</ul>
<h3>4. Limitations</h3>
<ul>
<li><strong>Limitations on transfer</strong></li>
</ul>
<p>You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.</p>
<ul>
<li>Limitations on use You may not:</li>
<li>share the Licence, or contents of the Product, with others;</li>
<li>copy, install or use the Product on any system with more than one computer; or</li>
<li>permit the use, copying or installation of the Product by more than one user or on more than one computer. unless you hold multiple, validly, licensed copies.</li>
</ul>
<p><strong>You may not:</strong></p>
<ul>
<li>decompile, &#8220;reverse engineer&#8221;, disassemble, or otherwise attempt to derive the source code for the Product;</li>
<li>broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the product</li>
<li>post the Product or part of the Product on any website; or</li>
<li>use the Product for commercial purposes.</li>
<li>Limitations on derived works</li>
</ul>
<p>You may not modify the Product, create derivative works based upon the Product, or use the Product to develop any product having the same primary function as the Product.</p>
<ul>
<li>Limitations on alteration You may not:</li>
<li>modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations; or</li>
<li>alter any files or libraries in any portion of the Product.</li>
<li>Limitations on copying</li>
</ul>
<p>You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.</p>
<h3>5. Ownership</h3>
<p><strong> </strong>iConceive Pty Ltd or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.</p>
<h3><strong> 6. </strong><strong>Warranties and exclusions</strong></h3>
<p><strong> </strong>Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on iConceive Pty Ltd and its subsidiaries, affiliates, and suppliers (&#8220;<strong>Implied Terms</strong>&#8220;). If these Implied Terms apply, iConceive Pty Ltd&#8217;s liability will be limited at its option to resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.</p>
<ul>
<li>Unless otherwise explicitly agreed to in writing by iConceive Pty Ltd, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.</li>
</ul>
<ul>
<li>Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.</li>
</ul>
<h3><strong>7. </strong>Exclusion<strong> of damages</strong></h3>
<p><strong> </strong>Subject to any Implied Term, iConceive Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.</p>
<h3><strong>8. Limitation of liability and remedies</strong></h3>
<p><strong> </strong>To the extent that the applicable jurisdiction limits iConceive Pty Ltd&#8217;s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.</p>
<h3><strong> </strong><strong>9. Licensee indemnity</strong></h3>
<p>You will indemnify iConceive Pty Ltd, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.</p>
<h3><strong>10. Variation of Terms</strong></h3>
<p>iConceive Pty Ltd reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or download the Product whichever is applicable.</p>
<h3><strong> 11.</strong><strong>Termination</strong></h3>
<p>Without prejudice to any other rights, iConceive Pty Ltd may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such event, you must destroy all copies of the Product.</p>
<h3><strong> 12. </strong><strong>General provisions</strong></h3>
<p><strong> </strong>Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.</p>
<ul>
<li>Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.</li>
</ul>
<ul>
<li>The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.</li>
</ul>
<ul>
<li>This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.</li>
</ul>
<ul>
<li>If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.</li>
</ul>
<ul>
<li>This Agreement shall be governed by and construed in accordance with the laws of New South Wales.</li>
</ul>
<p><strong>E xecuted as an Agreement </strong>on</p>
<p>Executed by you the user</p>
<p>Signature</p>
<p>Executed for iConceive Pty Ltd by its</p>
<p>authorised representative:<em>Corporations Act</em></p>
<p>2001</p>
<p>Signature</p>
<p>Name</p>
<p><strong>SCHEDULE 1 PRODUCT</strong></p>
<p><strong>Name of Product</strong>: iConceive</p>
<p><strong>Details of Product</strong>: tracking and monitoring software as an aid in observing tretment plansprescribed by your medical specialist</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>iConceive- Your data privacy</title>
		<link>https://iconceive.au/iconceive-your-data-privacy/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 06 Aug 2024 13:19:57 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://iconceive.au/?p=1112</guid>

					<description><![CDATA[iConceive Data Privacy Policy &#160; 1. iConceive Pty Ltd commitment to privacy iConceive Pty Ltd (ABN: 83 661 951 659) is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws. This document sets out our policies for managing...]]></description>
										<content:encoded><![CDATA[<h2>iConceive Data Privacy Policy</h2>
<p>&nbsp;</p>
<h3>1. iConceive Pty Ltd commitment to privacy</h3>
<ul>
<li>iConceive Pty Ltd (ABN: 83 661 951 659) is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws.</li>
<li>This document sets out our policies for managing your personal information and is referred to as our Privacy Policy.</li>
<li>In this Privacy Policy, “we” and “us” refers to iConceive Pty Ltd and “you” refers to any individual about whom we collect personal information.</li>
</ul>
<h3>2. About iConceive Pty Ltd</h3>
<ul>
<li>iConceive Pty Ltd is a desktop Software as a Service (SaaS) and personal smartphone application (app) development company.</li>
<li>iConceive Pty Ltd offers a range of services, including Software as a Service and smartphone apps</li>
<li>Please contact us for a full list of the companies which comprise iConceive Pty Ltd and which are subject to this Privacy Policy.</li>
</ul>
<h3>3. What information does iConceive Pty Ltd collect about you?</h3>
<h4>             3.1. Clients and prospective clients</h4>
<ul>
<li style="list-style-type: none;">
<ul>
<li>When you enquire online about our services or when you become a client of iConceive Pty Ltd, a record is made which includes your personal information.</li>
<li>The type of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:</li>
<li>your name, e-mail address, postal address and other contact details;</li>
<li>information about your employer or an organisation who you represent;</li>
<li>your professional details; and</li>
<li>any additional personal information you provide to us, or authorise us to collect, as part of your interaction with iConceive Pty Ltd.</li>
</ul>
</li>
</ul>
<h4>         3.2. Prospective employees or applicants</h4>
<ol>
<li style="list-style-type: none;">
<ol>
<li>We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you. We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions (for example, positions which involve working with children).</li>
</ol>
</li>
</ol>
<h4>       3.3. Other individuals</h4>
<ul>
<li style="list-style-type: none;">
<ul>
<li>iConceive Pty Ltd may collect personal information about other individuals who are not clients of iConceive Pty Ltd. This includes customers and members of the public who participate in events we are involved with, individual service providers and contractors to iConceive Pty Ltd, and other individuals who interact with iConceive Pty Ltd on a commercial basis. The kinds of personal information we<br />
collect will depend on the capacity in which you are dealing with iConceive Pty Ltd.</li>
<li>If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you</li>
<li>In limited circumstances, iConceive Pty Ltd may collect information which is considered sensitive information. For example, if you are injured at an event promoted or delivered by iConceive Pty Ltd we may collect health information about you in an emergency or otherwise with your consent.</li>
<li>We may collect personal information about children (for example, when children participate in events we are involved with). Where children do not have sufficient maturity and understanding to make decisions about their personal information, we will require their parents or guardians to make decisions on their behalf.</li>
<li>You can always decline to give iConceive Pty Ltd any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested. If you have any concerns about the personal information we have requested, please let us know.</li>
</ul>
</li>
</ul>
<ul>
<li style="list-style-type: none;"></li>
</ul>
<ul>
<li style="list-style-type: none;"></li>
</ul>
<h4>      3.4. Visitors to our websites</h4>
<ul>
<li style="list-style-type: none;">
<ul>
<li><strong> </strong>The way in which we handle the personal information of visitors to our websites is discussed below.</li>
</ul>
</li>
</ul>
<h3><strong>4. How and why does </strong><strong>iConceive Pty Ltd collect and use your personal information?</strong></h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>iConceive Pty Ltd collects personal information reasonably necessary to carry out our business, to assess and manage our clients&#8217; needs, and provide services including Software as a Service and smartphone apps. We may also collect information to fulfill<br />
administrative functions associated with these services, for example billing, entering into contracts with you or third parties and managing client relationships. The purposes for which iConceive Pty Ltd usually collects and uses personal information depends on the<br />
nature of your interaction with us, but may include:</p>
<ul>
<li style="list-style-type: none;">
<ul>
<li>responding to requests for information and other general enquiries;</li>
<li>managing, planning, advertising and administering programs, events, competitions and performances;</li>
<li>researching, developing and expanding our facilities and services;</li>
<li>informing you of our activities, events, facilities and services;</li>
<li>recruitment processes (including volunteers, internships and work experience); and</li>
<li>responding to enquiries and complaints.</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<ul>
<li style="list-style-type: none;">
<ul>
<li style="list-style-type: none;"></li>
</ul>
</li>
</ul>
<ul>
<li style="list-style-type: none;">
<ul>
<li>iConceive Pty Ltd generally collects personal information directly from you. We may collect and update your personal information over the phone, by email, over the internet or social media, or in person. We may also collect personal information about you from other sources, for example:
<ul>
<li>our affiliated and related companies; and</li>
<li>third-party suppliers and contractors who assist us to operate our business.</li>
</ul>
</li>
<li>iConceive Pty Ltd also collects and uses personal information for market research purposes and to innovate our delivery of products and services.</li>
</ul>
</li>
</ul>
<h3><strong>5. </strong>How<strong> does </strong><strong>iConceive Pty Ltd interact with you via the internet?</strong></h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>You may visit our website (https://iconceive.au/) without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any personal information you provide to iConceive Pty Ltd will be managed in accordance<br />
with this Privacy Policy</li>
<li>iConceive Pty Ltd&#8217;s website uses cookies. A “cookie” is a small file stored on your computer&#8217;s browser, which assists in managing customized settings of the website and delivering content. We collect certain information such as your device type, browser<br />
type, IP address, pages you have accessed on our websites and on third-party websites. You are not identifiable from such information.</li>
<li>You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.</li>
<li>iConceive Pty Ltd&#8217;s website may contain links to third-party websites. iConceive Pty Ltd is not responsible for the content or privacy practices of websites that are linked to our website.</li>
</ul>
</li>
</ul>
<h3><strong>6. Can you deal with </strong><strong>iConceive Pty Ltd anonymously?</strong></h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>iConceive Pty Ltd will provide individuals with the opportunity to remain anonymous or use a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for iConceive<br />
Pty Ltd to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilize our services or participate in our events, programs or activities we manage or deliver.</li>
</ul>
</li>
</ul>
<h3><strong>7.  How does iConceive Pty Ltd hold information?</strong></h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>iConceive Pty Ltd stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third-party storage providers based in Australia or overseas). Personal information may be collected in paper-based<br />
documents and converted to electronic form for use or storage (with the original paperbased documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.</li>
<li>iConceive Pty Ltd maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We maintain computer and network security, for example, we use firewalls (security measures for the internet) and<br />
other security systems such as user identifiers and passwords to control access to our computer systems.</li>
<li>Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.</li>
<li>We take steps to destroy or de-identify information that we no longer</li>
<li>We may retain your information for 84 months in accordance with the guidelines of the Office of the Australian Information Commission.</li>
</ul>
</li>
</ul>
<h3><strong>8. Does </strong><strong>iConceive Pty Ltd use or disclose your personal information for direct marketing?</strong></h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>iConceive Pty Ltd may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below</li>
<li>If you opt out of receiving marketing material from us, iConceive Pty Ltd may still contact you in relation to its ongoing relationship with you</li>
</ul>
</li>
</ul>
<h3>9. How does iConceive Pty Ltd use and disclose personal information?</h3>
<ul>
<li style="list-style-type: none;">
<ul>
<li>
<h4><strong>For clients</strong></h4>
</li>
</ul>
</li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li>The purposes for which we may use and disclose your personal information will depend on the services we are providing you. For example, if you have engaged us to deliver a service, we may disclose information about you to service providers where this is relevant to our services.</li>
</ol>
</li>
</ol>
<ul>
<li style="list-style-type: none;">
<ul>
<li>
<h4><strong>For customers and participants</strong></h4>
</li>
</ul>
</li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li>If you are a customer or participant in an event, we may disclose your personal information to our clients and venues where this is reasonably necessary for, and relevant to, the delivery of the event. We may use images or audio-visual recordings which identify you for promotional purposes where you would reasonably expect this to occur.</li>
</ol>
</li>
</ol>
<ul>
<li style="list-style-type: none;">
<ul>
<li>
<h4> <strong>Disclosure to contractors and other service providers</strong></h4>
</li>
</ul>
</li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li>iConceive Pty Ltd may disclose information to third parties we engage in order to provide our services, including contractors and service providers used for data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance/development, printing, archiving, mailouts, and market research.</li>
<li>Personal information may also be shared between related and affiliated companies of iConceive Pty Ltd, located in Australia or overseas</li>
<li>Third parties to whom we have disclosed your personal information may contact you directly to let you know they have collected your personal information and to give you information about their privacy policies.</li>
</ol>
</li>
</ol>
<ul>
<li style="list-style-type: none;">
<ul>
<li>
<h4><strong>Use and disclosure for administration and management.</strong></h4>
</li>
</ul>
</li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li>iConceive Pty Ltd will also use and disclose personal information for a range of administrative, management and operational purposes. This includes:</li>
<li>administering billing and payments and debt recovery;</li>
<li>planning, managing, monitoring and evaluating our services;</li>
<li>quality improvement activities;</li>
<li>statistical analysis and reporting;</li>
<li>training staff, contractors and other workers;</li>
<li>risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);</li>
<li>responding to enquiries and complaints regarding our services;</li>
<li>obtaining advice from consultants and other professional advisers; and</li>
<li>responding to subpoenas and other legal orders and obligations.</li>
</ol>
</li>
</ol>
<ul>
<li style="list-style-type: none;">
<ul>
<li>
<h4><strong>Other uses and disclosures</strong></h4>
</li>
</ul>
</li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li>We may use and disclose your personal information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.</li>
</ol>
</li>
</ol>
<h3>10.  How can you access or seek correction of your personal information?</h3>
<ul>
<li>You are entitled to access your personal information held by iConceive Pty Ltd on request. To request access to your personal information please contact our privacy officer using the contact details set out at the end of this policy.</li>
<li>You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.</li>
<li>We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.</li>
<li>We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.</li>
<li>However, if you consider any personal information we hold about you is inaccurate, outof- date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct<br />
your information.</li>
<li>We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request<br />
for correction, we will include a statement with your personal information about the requested correction</li>
</ul>
<h3>11.  What should you do if you have a complaint about the handling of your personal information?</h3>
<ul>
<li>You may contact iConceive Pty Ltd at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.</li>
<li>You may make a complaint about privacy to the privacy officer at the contact details set out at the end of this policy</li>
<li>The privacy officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.</li>
<li>If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.</li>
<li>In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know</li>
<li>If you do not wish to contact iConceive Pty Ltd directly or if you are dissatisfied with our response to your complaint, or you consider that iConceive Pty Ltd may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to:</li>
</ul>
<p>Privacy Commissioner<br />
Office of the Australian Information Commissioner<br />
Privacy Hotline:1300 363 992<br />
Website: <a href="http://www.oaic.gov.au/">www.oaic.gov.au</a></p>
<h3>12. How are changes made to this Privacy Policy?</h3>
<p>iConceive Pty Ltd may amend this Privacy Policy from time to time, with or without notice to you. At any time, our current Privacy Policy is available on our website (https://iconceive.au/). We recommend that you visit our website regularly to keep up to date with any changes.</p>
<h3>13. How can you contact iConceive Pty Ltd?</h3>
<p>Our Privacy Officer can be contacted as follows:<br />
iConceive Pty Ltd Privacy Officer<br />
Email: <a href="mailto:privacy@iconceive.au">privacy@iconceive.au</a></p>
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			</item>
		<item>
		<title>Website Terms And Conditions Of Use</title>
		<link>https://iconceive.au/website-terms-and-conditions-of-use/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 06 Aug 2024 13:17:18 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://iconceive.au/?p=1110</guid>

					<description><![CDATA[]]></description>
										<content:encoded><![CDATA[<section class="l-section wpb_row height_medium"><div class="l-section-h i-cf"><div class="g-cols vc_row via_grid cols_1 laptops-cols_inherit tablets-cols_inherit mobiles-cols_1 valign_top type_default stacking_default"><div class="wpb_column vc_column_container"><div class="vc_column-inner"><div class="wpb_text_column"><div class="wpb_wrapper"><h2><strong>Terms And Conditions Of Use</strong></h2>
<ol>
<li>
<h4><strong>About iConceive</strong></h4>
</li>
</ol>
<ul>
<li>Welcome to iConceive. The tracking and monitoring of assisted reproductive medicine treatment plans for patients (<strong>Services</strong>).</li>
<li>It is is operated by iConceive Pty Ltd(ACN 661 951 659). Access to and use of the Website, or any of its associated Products or Services, is provided by iConceive Pty Ltd. Please read these terms and conditions (<strong>Terms</strong>) carefully. By using, browsing and/or reading, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the iConceive, or any of Services, immediately.</li>
<li>iConceive Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When iConceive Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.</li>
</ul>
<ol start="2">
<li>
<h4><strong>Acceptance of the Terms</strong></h4>
</li>
</ol>
<ul>
<li>You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by iConceive Pty Ltd in the user interface.</li>
</ul>
<ol start="3">
<li>
<h4><strong>Registration to use the Services</strong></h4>
</li>
</ol>
<ul>
<li>In order to access the Services, you must first register for an account through the Website (<strong>Account</strong>).</li>
<li>As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:</li>
<li>Email address</li>
<li>Preferred username</li>
<li>IVF specialist service provider</li>
<li>You warrant that any information you give to iConceive Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.</li>
<li>Once you have completed the registration process, you will be a registered member of the Website (<strong>Member</strong>) and agree to be bound by the Terms.</li>
<li>You may not use the Services and may not accept the Terms if:</li>
<li>you are not of legal age to form a binding contract with iConceive Pty Ltd; or</li>
<li>you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.</li>
</ul>
<ol start="4">
<li>
<h4><strong>Your obligations as a Member</strong></h4>
</li>
</ol>
<ul>
<li>As a Member, you agree to comply with the following:</li>
<li>you will use the Services only for purposes that are permitted by:</li>
<li>the Terms; and</li>
<li>any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;</li>
<li>you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;</li>
<li>any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify iConceive Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;</li>
<li>access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of iConceive Pty Ltd providing the Services;</li>
<li>you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of iConceive Pty Ltd;</li>
<li>you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;</li>
<li>you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by iConceive Pty Ltd for any illegal or unauthorised use of the Website; and</li>
<li>you acknowledge and agree that any automated use of the Website or its Services is prohibited.</li>
</ul>
<ol start="5">
<li>
<h4><strong>Payment</strong></h4>
</li>
</ol>
<ul>
<li>Where the option is given to you, you may make payment for the Services (<strong>Services Fee</strong>) by way of:</li>
<li>Electronic funds transfer (<strong>EFT</strong>) into our nominated bank account</li>
<li>Credit Card Payment (<strong>Credit Card</strong>)</li>
<li>PayPal (<strong>PayPal</strong>)</li>
<li>other means as determined by your specialist IVF practice</li>
<li>All payments made in the course of your use of the Services are made using . In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.</li>
<li>You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.</li>
<li>You agree and acknowledge that iConceive Pty Ltd can vary the Services Fee at any time.</li>
</ul>
<ol start="6">
<li>
<h4><strong>Refund Policy</strong></h4>
</li>
</ol>
<p>iConceive Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of iConceive Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (<strong>Refund</strong>).</p>
<ol start="7">
<li>
<h4><strong>Copyright and Intellectual Property</strong></h4>
</li>
</ol>
<ul>
<li>The Website, the Services and all of the related products of iConceive Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by iConceive Pty Ltd or its contributors.</li>
<li>All trademarks, service marks and trade names are owned, registered and/or licensed by iConceive Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:</li>
<li>use the Website pursuant to the Terms;</li>
<li>copy and store the Website and the material contained in the Website in your device&#8217;s cache memory; and</li>
<li>print pages from the Website for your own personal and non-commercial use.</li>
<li>iConceive Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by iConceive Pty Ltd.</li>
<li>iConceive Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:</li>
<li>business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or</li>
<li>a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or</li>
<li>a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.</li>
<li>You may not, without the prior written permission of iConceive Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.</li>
</ul>
<ol start="8">
<li>
<h4><strong>Privacy</strong></h4>
</li>
</ol>
<ul>
<li>iConceive Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to iConceive Pty Ltd&#8217;s Privacy Policy, which is available on the Website.</li>
</ul>
<ol start="9">
<li>
<h4><strong>General Disclaimer</strong></h4>
</li>
</ol>
<ul>
<li>Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.</li>
<li>Subject to this clause, and to the extent permitted by law:</li>
<li>all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and</li>
<li>iConceive Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.</li>
<li>Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you &#8220;as is&#8221; and &#8220;as available&#8221; without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of iConceive Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of iConceive Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:</li>
<li>failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;</li>
<li>the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);</li>
<li>costs incurred as a result of you using the Website, the Services or any of the products of iConceive Pty Ltd; and</li>
<li>the Services or operation in respect to links which are provided for your convenience.</li>
</ul>
<ol start="10">
<li>
<h4><strong>Limitation of liability</strong></h4>
</li>
</ol>
<ul>
<li>iConceive Pty Ltd&#8217;s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.</li>
<li>You expressly understand and agree that iConceive Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.</li>
</ul>
<ol start="11">
<li>
<h4><strong>Termination of Contract</strong></h4>
</li>
</ol>
<ul>
<li>The Terms will continue to apply until terminated by either you or by iConceive Pty Ltd as set out below.</li>
<li>If you want to terminate the Terms, you may do so by:</li>
<li>providing iConceive Pty Ltd with days&#8217; notice of your intention to terminate; and</li>
<li>closing your accounts for all of the services which you use, where iConceive Pty Ltd has made this option available to you</li>
<li>Your notice should be sent, in writing, to iConceive Pty Ltd via the &#8216;Contact Us&#8217; link on our homepage.</li>
<li>iConceive Pty Ltd may at any time, terminate the Terms with you if:</li>
<li>you have breached any provision of the Terms or intend to breach any provision;</li>
<li>iConceive Pty Ltd is required to do so by law;</li>
<li>the provision of the Services to you by iConceive Pty Ltd is, in the opinion of iConceive Pty Ltd, no longer commercially viable.</li>
<li>Subject to local applicable laws, iConceive Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts iConceive Pty Ltd&#8217;s name or reputation or violates the rights of those of another party.</li>
</ul>
<ol start="12">
<li>
<h4><strong>Indemnity</strong></h4>
</li>
</ol>
<ul>
<li>You agree to indemnify iConceive Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:</li>
<li>all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;</li>
<li>any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or</li>
<li>any breach of the Terms.</li>
</ul>
<ol start="13">
<li>
<h4><strong>Dispute Resolution</strong></h4>
</li>
</ol>
<ul>
<li><strong>Compulsory: </strong>If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).</li>
<li><strong>Notice: </strong>A party to the Terms claiming a dispute (<strong>Dispute</strong>) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.</li>
<li><strong>Resolution: </strong>On receipt of that notice (<strong>Notice</strong>) by that other party, the parties to the Terms (<strong>Parties</strong>) must:</li>
<li>Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;</li>
<li>If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Company or his or her nominee;</li>
<li>The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;</li>
<li>The mediation will be held via online means by video or audio meeting, in Australia.</li>
<li><strong>Confidential: </strong>All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as &#8220;without prejudice&#8221; negotiations for the purpose of applicable laws of evidence.</li>
<li><strong>Termination of Mediation: </strong>If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.</li>
</ul>
<ol start="14">
<li>
<h4><strong>Venue and Jurisdiction: </strong></h4>
<p>The Services offered by iConceive Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.</li>
</ol>
<ol start="15">
<li>
<h4><strong>Governing Law: </strong></h4>
<p>The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.</li>
</ol>
<ol start="16">
<li>
<h4><strong>Independent Legal Advice : </strong></h4>
<p>Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.</li>
</ol>
<h4><strong> </strong><strong>Severance </strong></h4>
<p>If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.</p>
</div></div></div></div></div></div></section>
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			</item>
		<item>
		<title>Cookie Policy</title>
		<link>https://iconceive.au/cookie-policy/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 06 Aug 2024 13:05:32 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://iconceive.au/?p=1102</guid>

					<description><![CDATA[Cookie Policy Last updated:1st June 2023 This Website (referred to in these “terms of use” as the website) is owned and operated by iConceive Pty Ltd, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms. Our Cookie Policy explains what cookies are, how we use cookies, how third-party...]]></description>
										<content:encoded><![CDATA[<h2><strong>Cookie Policy</strong></h2>
<h4>Last updated:1st June 2023</h4>
<p>This Website (referred to in these “terms of use” as the website) is owned and operated by iConceive Pty Ltd, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms.</p>
<p>Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies.</p>
<p>General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse is not personal information as described in the Privacy Act.</p>
<p>&nbsp;</p>
<ol>
<li>
<h4><strong>Why do we use “cookies” and other web use tracking technologies?</strong></h4>
</li>
</ol>
<ul>
<li><strong> </strong>When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.</li>
<li>We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.</li>
<li>We collect information using “cookies” and other tracking technologies for the following reasons:</li>
<li>to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;</li>
<li>to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;</li>
<li>to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and</li>
<li>when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.</li>
<li>Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.</li>
<li>In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.</li>
</ul>
<p>&nbsp;</p>
<ol start="2">
<li>
<h4><strong>What are your choices regarding cookies?</strong></h4>
</li>
</ol>
<p>If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.</p>
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