Terms and Conditions
The Testo Clinic Pty Ltd
1. You agree to and accept the terms and conditions as set out herein as the express basis of the agreement between you and us.
2. You have contacted us as a consequence of viewing our website and engage us to prepare a program for the fee as previously disclosed.
3. The fee for the program is inclusive of GST and you must pay the fee inclusive of GST prior to receiving the program and clinical or medical consultation.
4. You agree to provide all requested information by us in an honest and forthright way so that we may provide a suitable program for you.
5. You acknowledge that we facilitate clinical consultation only and that all advice provided by that clinical or medical practitioner is provided to you independently of us.
6. We will arrange the clinical consultation by telephone and you agree to provide the clinical or medical practitioner with all information requested.
7. You understand that the clinical or medical practitioner will make a determination as to whether you are deemed suitable for a program. If not, we may terminate this agreement and refund to you any money paid by you at that time less a reasonable administration fee, currently 15% of the program price.
8. If you are deemed suitable for a program you agree to undertake all reasonably necessary tests including blood tests, pathology and other relevant tests for preparation of the program. We may choose not to provide a program to you despite pathology testing results.
9. You agree that the clinical or medical practitioner may prescribe medication or supplements. Such prescription is independent of us and accordingly you indemnify against any claim or consequence that you may suffer following any of the medication or supplements as prescribed by the clinical or medical practitioner.
10. 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 by the clinical or medical practitioner to you.
11. You acknowledge and agree that you will not receive any refund of any moneys paid simply because you are not satisfied with:
a) the program;
b) the prescribed medication or supplement;
c) that you have changed your mind; or
d) for any other reason,
without the written consent of us.
12. 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.
13. You may request copies of your medical information, which we agree to provide to you after receipt of a reasonable fee to reproduce that information.
14. 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.
15. 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.
16. We will not be held responsible in any way for any false or misleading information you provide.
17. These terms and conditions are governed by the laws in force in New South Wales and you irrevocably submit to the law of New South Wales.
“us”, “we” means The Testo Clinic Pty Ltd
“you”, “your” means you
“clinical or medical practitioner” means any practising health care provider, clinical or medical practitioner that we engage on your behalf.
“fee” means any fees for the program having been previously quoted to you.
“program” means any recommendations, plans or other advice we believe relevant to your circumstances.