Terms and Conditions
This website is owned and provided by Low T Clinic Pty Ltd. ABN 84 828 087 367 (hereinafter referred to as ‘Low T Clinic’).
Access to this website
Information on this website
This website is intended to provide information to Australian users and complies with the laws and regulations of Victoria and the Commonwealth of Australia. Low T Clinic reserves the right to limit or refuse the supply of products to any person, geographic region or jurisdiction. If a product is prohibited in any jurisdiction, the product offered shall not be offered in that jurisdiction.
Nothing in this website should be interpreted as promoting any product that is not authorised under the laws and regulations of Victoria and the Commonwealth of Australia or the country where you are located. If advice or recommendations are given, these should be understood as non-binding.
Restrictions on Use
You agree that you will:
- use this website in accordance with these terms and conditions and will not use this website for any unlawful purpose;
- only use this website for your personal and non-commercial use; and
- not violate or attempt to violate the security of the website, nor violate any right of Low T Clinic.
Your use of this website does not constitute a binding agreement to purchase Low T Clinic’s products and services. In addition to these terms and conditions, specific conditions may apply to some of the products which Low T Clinic supplies. These will be brought to your attention at the time Low T Clinic supplies the particular products to you.
All intellectual property rights in any material or content displayed on this website, including, without limitation, trademarks, logos and trade names, belong to Low T Clinic, its affiliates, or licensors, and are used with Low T Clinic’s permission. This applies to all trademarks displayed on this website, whether or not appearing with the trademark symbol (™). Nothing on this website should be construed as granting any right or licence to use any trademark displayed on this website without the prior written permission of Low T Clinic, its affiliates or licensors.
All text, advertising material, images, graphics, audio and other content on this website are copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the website for such purposes, you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without Low T Clinic’s written permission.
Any third party reference to any website of Low T Clinic via hyperlink is only permitted with the prior approval of Low T Clinic. Low T Clinic makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to Low T Clinic’s websites.
For the convenience of visitors to this website, Low T Clinic may provide hyperlinks to other websites. By providing such hyperlinks, Low T Clinic in no way represents that it has approved the content of those websites, and is neither responsible for the content of such websites nor liable for any damage or injury resulting from reliance on such content.
Forward Looking Statements
This website may include forward-looking statements. These statements are based on the reasonable beliefs of Low T Clinic’s management as well as assumptions made by and information currently available to Low T Clinic. Many factors that Low T Clinic is unable to predict with accuracy could cause Low T Clinic’s actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements. These factors include: the ability of Low T Clinic to launch new products, regulatory requirements, the sales and marketing methods used by Low T Clinic to distribute its products, and the composition of Low T Clinic’s product portfolio.
Warranties and Representations
Low T Clinic’s website and the information, names, images, pictures, logos and icons relating to it and its products, are provided “as is” and on an “is available” basis.
Low T Clinic makes no warranties or representations as to:
- the continued availability of this website;
- the accuracy, reliability or completeness of its contents;
- the currency of the content of the website;
- the results that can be gained from the use of Low T Clinic’s products; and
- the safety of the website or the server from computer viruses or malicious bugs.
Except for any implied condition, warranty, representation, or consumer guarantee, the exclusion of which would contravene any statute or cause this provision to be void (non-excludable condition), and to the extent permitted by law, Low T Clinic makes no express or implied warranties to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement.
Nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright of Low T Clinic or any other third party.
You may transmit or submit on this website, your own personal comments, videos, photos and testimonials of product usage as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Low T Clinic may monitor or review all communications and materials created and transmitted or submitted by users accessing this website. In addition, Low T Clinic has sole discretion on whether to upload the submitted content onto its website for public viewing.
Whilst it is not in any way responsible for the content of these communications and materials, Low T Clinic reserves the right to block or remove communications or materials that it determines are:
- abusive, defamatory, or obscene;
- false, misleading or deceptive;
- in violation of a copyright, trademark or other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Low T Clinic at its sole discretion.
Low T Clinic will not be liable for the content of any communications posted by you, whether or not arising under the laws of copyright, trademarks, defamation, privacy, consumer protection, or otherwise.
Rights to User Submissions
You grant Low T Clinic the right to use the name that you submit in connection with such content. You represent and warrant:
- that the content is true and accurate;
- that you own or otherwise control the rights to your Submission;
- that use of the content you supply does not violate this policy;
- that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and
- that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”
You agree to fully indemnify Low T Clinic for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. Low T Clinic takes no responsibility and assumes no liability for any content posted by you or any third party.
You also acknowledge that your Submission may not be returned and will be kept on file.
If you do not wish to grant such rights to Low T Clinic, it is suggested that you do not post, transmit, upload or submit any Submissions to this website.
Limitation of Liability
Except as provided by law pursuant to a non-excludable condition, Low T Clinic will not be liable for any loss or damage suffered in connection with your use, or loss of use, of this website. To the extent permitted by law, if your use of this website relates to the purchase of any Low T Clinic product:
- Low T Clinic’s liability for breach of any non-excludable condition will be limited at its option to supply the product again or payment of the cost of supplying the product again;
- otherwise, its liability to you for any loss or damage at law shall not exceed the total amount Low T Clinic actually received from you for the product which gave rise to the loss or damage; and
- Low T Clinic will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if Low T Clinic has been advised of the possibility of such loss or damage.
You agree that Low T Clinic’s liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.
- You agree to disclose all requested information by us in good faith and in a honest way so that we are able to provide a suitable treatment program that is tailored to you.
- You acknowledge that we facilitate the clinical consultation only and all information provided to you by the clinical or medical practitioner is provided to you independently of us.
- We will arrange the clinical consultation via telephone or Skype and you agree to provide the clinical or medical practitioner with all information that is requested.
- You understand that the clinical or medical practitioner will make decision as to whether you are deemed suitable for the program. If not, we may terminate this agreement and refund to you all moneys paid for the consultation.
- If you are deemed suitable for the program, you agree to undertake all reasonably necessary tests, including blood tests, pathology and another tests requested in preparation for the program. We may choose to not provide a program for you despite pathology results.
- You agree that the clinical or medical practitioner may prescribe medications or supplements to you. Such prescriptions/supplements are provided to you independant of us and accordingly you indemnify against any claim or consequence that you may suffer following any medication or supplements as prescribed to you by the clinical or medical practitioner.
- You acknowledge that the program provided may not be strictly medical or clinical advice and you have made your own enquiries as to the advice or direction given to you by the clinical or medical practitioner to you.
- You may request copies of your medical information, which we will provide for a reasonable fee to reproduce that information.
- You agree that from time to time we will obtain your medical information and other personal information. We agree to maintain that information in the strictest confidence and will not disclose that information to any third party, other than to the clinical or medical practitioner, without your prior written consent, unless required by law.
- We shall not be under any liability to you whether in contract or tort or otherwise for any cause or claim by you whether occasioned by negligence or otherwise for any injury, damage or loss including special, indirect or consequential damage or loss whether to persons or property arising out of the program or any medication or supplements, including any defects in the medication or supplements, including any defect in the advice provided by the medical or clinical practitioner.
- You agree that the provisions of the Civil Liability Act 2002 (or any equivalent legislation) which provides for a proportionate liability regime is specifically excluded in relation to the rights, obligations and liabilities of the parties as contained herein.
- We will not be held responsible in any way for any false or misleading information you provide.
Sale of Products
Eligibility to purchase
To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under Australian law you must be the owner of a valid debit or credit card and must be in possession of a valid prescription for the goods on our website from one of our Australian registered medical practitioner. For further information about obtaining a prescription, please visit our Start Your Consultation page.
- Products displayed on Low T Clinic’s website may not be available or be as described. Low T Clinic will use its best endeavours to ensure that product details, descriptions, images and prices appearing on its website are correct at the time the relevant information was entered onto the system. However, to the extent permitted by law, Low T Clinic does not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free.
- All prices indicated for products available via this website are in Australian dollars inclusive of GST (where applicable) and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges.
- The products available on this website which are provided to you, are for your personal use only. You must not sell or resell any of the products that you purchase or otherwise receive from us.
Booking your Consultation
- The Low T Clinic website will contain instructions which will guide you through the process of booking your consultation. Once you have booked your consultation, Low T Clinic will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit or debit card.
Unless Low T Clinic has notified you that it does not accept your order or if you have cancelled your order, the acceptance of your order and the completion of the contract between you and Low T Clinic will take place when Low T Clinic dispatches the goods ordered by you.
If you require any information regarding your order(s) please contact Customer Service on 1300 092 569 (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us email@example.com
Low T Clinic will not accept your order if:
- it is unable to obtain authorisation for your payment;
- you have not filled out the questionnaire
- it identifies a product or pricing error.
If Low T Clinic is unable to fulfil your order following acknowledgement of its placement, Low T Clinic will contact you by email advising you of this. See Cancellation.
- You may pay for any purchase using any of the methods specified. By purchasing from our website, you confirm that the credit or debit card that is being used is owned by you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, Low T Clinic will not be liable for any delay or non-delivery.
Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is therefore an additional security measure.
Cancellation of Order
- Low T Clinic notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: that there was difficulty in processing payment information; that delivery to the address was not possible; that a duplicate order was placed; or that the order was cancelled on the customer’s request. If your order is cancelled, you will receive an email to explain the reason for the cancellation and the appropriate amount will be refunded via your original payment method.
Please note that because Low T Clinic generally dispatches orders within 2-4 days (excluding weekends and public holidays), it may not be possible to cancel the order prior to its dispatch.
Credit Card ChargeBack Policy
At Low T Clinic Pty Ltd. we do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
Low T Clinic Pty Ltd. also considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the or matter.
All frivolous charge backs not only costs our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:
YOU AGREE that if you choose to do business with Low T Clinic Pty Ltd. and file a dispute/claim or charge back with your credit card company for a situation that contradicts our terms & conditions which you agree to when placing your order OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the charge back argument or dispute/claim you agree to pay us $200.00 for our time responding to the matter. You authorize us to charge this amount to your credit card. If this charge is rejected, Low T Clinic Pty Ltd. will peruse legal action to recoup losses for our time associated with responding to the charge back and or dispute/claim in addition to any other fees explained below.
In the event that you win the charge back with your credit card company, and have not returned our products in as new condition, Low T Clinic Pty Ltd. will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the products as settlement of the debt and will only accept payment in full.
Note: The customer must return the products, and must not have use them, before attempting a chargeback.
CEASE AND DESIST
Patient understands and is hereby notified that once a chargeback, dispute/claim or legal action is taken; all communication where it be via email, telephone, internet, or Australian mail and courier services with Low T Clinic Pty Ltd. will cease and desist.
RIGHT TO REFUSE A Patient
As a side note, management reserves the right to cancel an order and/or issue a refund, and pursue legal action against any customer who is deemed hostile. Hostile customers are those who initiate charge backs or dispute/claims without valid cause (particularly after the receipt of order), threaten/harass staff members in person, over the phone, internet, or email, and those who attempt to slander and/or commits acts of libel against Low T Clinic Pty Ltd.. and all divisions there under.
We are not interested in legal battles, but we are prepared to take them on when necessary.
LEGAL: You agree via your conducting business with Low T Clinic Pty Ltd. that any legal action resulting from any transaction will be guided by the laws of and take place in the Low T Clinic Pty Ltd. home state of VIC. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach.
PLEASE NOTE OUR POLICY ON CHARGEBACK
- Customer understands that Company does not tolerate fraudulent charge backs or frivolous disputes/claims and will proceed to collect by any means necessary.
- Customer is responsible for charge back fees consisting of attorney’s fees, fees for collection agencies or third party intervention if client fraudulently charges back or does not pay monies owed.
- If Customer charges back fraudulently, client will owe charge back fees plus amount owed.
- Company will report any outstanding balances to the major credit bureaus as a delinquent collection account.
- Company will have the incident reported to anti-fraud databases, which will attempt to prevent any further purchases on the Internet.
Stolen Credit Card Purchases
We log IP strings on all orders – any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
Title to Goods
- Low T Clinic retains the legal ownership of the goods until the latter of the dispatch of the goods to you or when full payment for the goods is received by us. The legal ownership of the goods will immediately revert to Low T Clinic if it refunds any such payment to you.
- Low T Clinic will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, Low T Clinic does not accept any liability whatsoever for delayed delivery caused by any third party.
Risk of Loss
- Risk in the goods will pass to you upon delivery to you.
Receipt of Goods
- Upon delivery of the goods, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on 1300 092 569 (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us at firstname.lastname@example.org
At Low T Clinic we do not offer our customers returns on compound medications due to change of mind. You acknowledge that we will not refund any moneys for the program if you are not satisfied with the program, medications/supplements or for any other reason.
If you have received the wrong order, any item is damaged or your order does not arrive please contact us.
Regrettably, except as required by law, shipping and handling fees are not refundable.
Faulty or Damaged Return Policy
All products purchased from Low T Clinic are covered by transit insurance and are fully guaranteed by us. This ensures your order is received by you in good working order and is able to be used as intended by the manufacturer and / or as specified by us.
In the unlikely event that your order is misplaced or damaged in transit please email our Customer Service team via email at email@example.com and give a full detailed description of the problem / damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem with minimum inconvenience to you.
If your package was damaged in shipment by the courier, save the box and the product(s) and notify Customer Service immediately on 1300 092 569 (open 9am – 5pm, Monday to Friday, excluding public holidays) or contact us at firstname.lastname@example.org
The courier will inspect and pick up the damaged package and the damaged items will be replaced.
Cancellation of Orders
If you wish to cancel an order that has been confirmed by Low T Clinic, please contact us as soon as possible on 1300 092 569 (open 9am – 5pm, Monday to Friday, excluding public holidays) or email@example.com. Once the order has been dispatched by the pharmacy you will be unable to cancel it.
We offer a 100% REFUND of the consultation fee only if you do not qualify for the treatment for any reason. However if you provide incorrect or false information in your questionnaire which results in not qualifying for treatment, you will not be refunded this fee.
Any dispute between you and Low T Clinic will be resolved first by direct communication with the Low T Clinic management team. We will investigate your concerns and take the necessary steps to resolve your complaint. Please contact 1300 092 569 or firstname.lastname@example.org. If you are not satisfied with the outcome of the investigation, you can contact us again to discuss your concerns or if the dispute cannot be resolved in this way, you may submit your issues to arbitration for a final and binding decision.