1.1 “Supplier”, “Us”, “We” and “Our” means Lspari T/A Brisbane Livewell Clinic of 465 Hamilton Road, Chermside QLD 4032.
1.2 “Client”, “You”, “User”, “Member” and “Guest” means anyone who visits and/or uses this website and is the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one person is a reference to each person jointly and severally.
1.3 “Goods” means all Goods or Services supplied by the Supplier to the Client at the Client’s request (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between the Supplier and the Client in accordance with Clause 6 below.
1.5 “Third Party” refers to any agent or contractor of the Supplier or any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
1.6 “Website” refers to brisbanelivewellclinic.com.au
1.7 “Order” means an offer made by you in response to an invitation to treat made by the Supplier via the website.
2. User Agreement and Acceptance
2.1 The Client is taken to have exclusively accepted and immediately bound, jointly and severally, by these terms and condition if the Client places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the Supplier’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Supplier.
2.3 These Terms may be amended at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
2.4 The Client acknowledges and accepts that the Supplier is not the manufacturer of Goods supplied and therefore shall not hold out the supplier of the Goods, so as to be the manufacturer of Goods, to any third party at any time.
2.5 The Client confirms that they are purchasing Goods from the Supplier for the purposes of personal consumption and use. In the event that the Supplier has reasonable reason to believe that the Client is not complying with this clause then the Supplier may without any liability to the Client whatsoever either suspend or terminate the supply of Goods to the Client.
3. Guests and Registered Users
3.1 You may access and/or use the website as a guest or as a member.
3.2 To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via website or by contacting us directly.
3.3 You must not use another members ‘ account without permission.
3.4 You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
3.5 If you forget your password you may click on the relevant link located on the website and we will email you a new password or you may contact us directly.
3.6 We reserve the right to terminate a member’s account for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
4. Legal Capacity
4.1 You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
4.2 Any Order and/or purchase made by you using this website is an acknowledgment by you that you:
are over the age of eighteen (18) years;
accept these terms;
agree that you have entered into a legal contract with the Supplier in relation to these terms; and
these terms, together with your order, constitute the entire agreement between you and the Supplier for the supply of products.
4.3 The Supplier reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage the Supplier may suffer as a result of a transaction entered into by a minor.
5.1 Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
5.2 You and the Supplier may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
placing an electronic Order for the products using the website;
you confirming the Order details in accordance with the procedure on the website;
you making payment in full (plus any applicable delivery charges) on the website; and
the acceptance of that offer by the Supplier.
5.3 When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
any requirements set out in these terms have been met;
the electronic instruction containing the offer from you enters and is recorded in our database;
a record is created and stored in our database; and
the Supplier receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
5.4 You acknowledge that:
the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by the Supplier for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
to the extent permitted by law, the Supplier is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
the Supplier may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
the Supplier may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5.5 You will receive an email from the Supplier as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us directly.
5.6 If your Order is not accepted by the Supplier, the Supplier will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
5.7 The Supplier may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
5.8 Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If the Supplier cannot supply a particular product, the Supplier will notify you by telephone or email as soon as possible.
5.9 The Supplier will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
6. Price and Payment
6.1 At the Supplier’s sole discretion the Price shall be either
as indicated on any invoice provided by the supplier to the Client; or
the Price as at the date of order of the Goods according to the Supplier’s current price list, or the Price as discounted from time to time and detailed on the Supplier’s website
6.2 Prices are shown in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges. Prices are subject to change.
6.3 Special deals and offers on this website are only valid for so long as they are displayed, unless expressly stated otherwise.
6.4 Images of products shown without any advertised price beside that image are not offered for sale.
6.5 We reserve the right to correct any errors published on the website.
6.6 All payments must be made in full prior to delivery. The Supplier retains title in the products purchased until payment is received in full.
6.7 Payments must be made by PayPal, electronic/on-line banking, credit card or by any other method as agreed between the Client and the Supplier. The Supplier’s available payment methods will be presented at the time of purchase.
6.8 The Supplier gives the Client the choice to pay for products through bank transfer. If the Client credits money to the incorrect bank number, and the correct number was provided to the Client by the Supplier, then the Supplier will not accept any responsibility for correcting payment and Goods will not be dispatched until the Supplier has received payment in full.
7. Delivery of Goods
7.1 Subject to you complying with these Terms and acceptance of your Order by the Supplier, the Supplier will sell and supply the products to you as shown on your Order confirmation.
7.2 Delivery of the Goods is taken to occur at the time that the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
7.3 The cost of delivery is not included in the Price. When you complete your Order you will be prompted to select whether you with to collect your Order from the Brisbane Livewell Clinic or to have the Order delivered to an address specified by you. A postage fee will be applied to the Price at the Checkout where delivery of Goods is specified.
7.4 Products may not be available for immediate delivery. On acceptance of our Order by the Supplier, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed the Order.
7.5 Any time or date given by the Supplier to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
7.6 The delivery address must be an address within Australia and cannot be a freight forwarding location.
7.7 The Supplier shall not be liable to the Client or any person claiming through the Client for any loss or damage to Goods in transit howsoever arising. Notwithstanding which the Supplier must provide the Client with all assist as is necessary to pursue any claim against the freight carrier.
7.8 If an Order is found to be mis-addressed by the Supplier then the Supplier shall be responsible for the re-delivery, replacement or refunding of the product. If the Client is found to have given an incorrect or insufficient address, then the Supplier will not refund or resend the product and all responsibility for correcting delivery will be borne by the Client.
7.9 If you select to collect your goods from the Brisbane Livewell Clinic, a representative of the Supplier will contact you by email to notify you when the Order is completed and available for collection.
7.10 Orders for collection must be collected within 21 days of the Supplier giving you notice that your Order is available for collection. If your Order is not collected within this time, the Supplier has the right to allocate those Goods to another customer and reorder the Goods for you.
7.11 When picking up your items, you are required to supply a copy of your order.
8.1 Risk of damage to or loss of the Goods passes to the Client immediately the Goods leave the Supplier’s premises.
8.2 If the Client requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
8.3 Any property of the Client held by the Supplier on behalf of the Client is held at the Client’s sole risk at all times.
9. Client’s Disclaimer
9.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by the Supplier and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment.
9.2 Where the Supplier provides advice to the Client, such advice is given in good faith only. The Client acknowledges that the Supplier shall not be liable for any claims howsoever arising out of any advice given.
9.3 To the extent permitted by law, the Supplier and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the website;
you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
personal injury or property damage of any kind resulting from your access or use of the website;
any unauthorised access to or use of the websites secure servers;
any interruption or cessation of transmission to or from the website;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
the quality or fitness for any purpose of any linked sites.
9.4 Except as expressly provided in these terms, and to the fullest extent allowed by the law, the Supplier and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
9.5 You will at all times indemnify, and keep indemnified, the Supplier and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
9.6 This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
10.1 The Supplier and the Client agree that ownership of the Goods shall not pass until:
the Client has paid the Supplier all amounts owing to the Supplier; and
the Client has met all of its other obligations to the Supplier.
10.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
10.3 It is further agreed that:
until ownership of the Goods passes to the Client in accordance with clause 10.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request.
the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.
the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods.
the Supplier may recover possession of any Goods in transit whether or not delivery has occurred.
the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier.
the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
11.1 The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Supplier to inspect the Goods.
11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
11.3 The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.
11.5 If the Client is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.
11.6 If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Client has paid for the Goods.
11.7 If the Client is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is:
limited to the value of any express warranty or warranty card provided to the Client by the Supplier at the Supplier’s sole discretion;
limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods;
otherwise negated absolutely.
11.8 Subject to this clause 11, returns will only be accepted provided that:
the Client has complied with the provisions of clause 11.1; and
the Supplier has agreed that the Goods are defective; and
the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
the Goods are returned in as close a condition to that in which they were delivered as is possible.
11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
the Client failing to properly maintain or store any Goods;
the Client using the Goods for any purpose other than that for which they were designed;
the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
the Client failing to follow any instructions or guidelines provided by the Supplier;
contamination or leakages induced by the Client;
modifications made to the Goods which were not authorised by the Supplier;
fair wear and tear, any accident, or act of God.
11.10 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
11.11 For clarity the Supplier will not refund where the Client changes their mind or makes the wrong decision.
12.1 The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation.
13. Privacy and Personal Information
13.4 The Client agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as shall be agreed between the Client and Supplier or required by law from time to time):
the provision of Goods; and/or
the marketing of Goods by the Supplier, its agents or distributors; and/or
analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
13.5 The Supplier and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us directly. Personal information may include your name, residential and/or postal address, telephone number and email address.
13.6 Your personal information is not collected if you only browse this website.
13.7 Online payments are handled by Paypal. The Supplier does not store your credit card or banking details. Please check the paypal.com.au website for details of their privacy policies and security measures.
13.8 The Supplier, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that the Supplier and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that the Supplier thinks may be of interest to you. If you would prefer not to receive promotional or other material from the Supplier or its third parties, please let us know and the Supplier will respect your request. You also agree that the Supplier may contact you by telephone to arrange collection of your Order.
13.9 You may request the Supplier to remove your personal information from its database by emailing us directly.
14. Dispute Resolution
14.1 If a dispute arises relating to this agreement or as to any related claim regarding restitution or in law, in equity or pursuant to any statute, both the Supplier and the Client expressly agree to endeavour to settle the dispute in good faith by negotiation before referring any such dispute or claim to litigation.
15. Force Majeure
15.1 The Supplier will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
16.1 If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Harvey Norman Online.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Supplier has its principal place of business, and are subject to the jurisdiction of the courts in that state.
16.3 Subject to clause 11 the Supplier shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
16.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
16.5 The Supplier may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
16.6 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
17. Storing Information from Website
18. Securing Information from Website
18.1 When making a transaction through the website Client information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Client information cannot be read by or altered by outside influences.
18.2 To the extent permitted by law, the Supplier and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
19. Information Collected from Website
19.1 The Supplier may collect the following information/tracking data for statistical purposes:
The Client’s IP address;
Date and time of website visits;
Clicks and activity on this site;
The referring site if any through which the Client clicked through to the Supplier’s site;
Technical information on the Client’s browser, device and operating systems.
20. Information Released from Website
20.1 The Supplier will only release information about the Client as authorised by the Client, required by law or where required in order for the Supplier to provide Goods to the Client e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose
20.2 Except as detailed above the Supplier will not share, give, sell, rent, or lease information to third parties and the Client’s personal information will only be disclosed to those employees within the Supplier’s organisation who have a need to know the information in order to ensure the Client is provided with details about the Supplier’s Goods or to request Goods through the website.
20.3 Under the Privacy Act legislation the Client can ask to see any information the Supplier may hold about the Client and the Client also has the right to have any inaccuracies in the same corrected by the Supplier. The Supplier will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of the request.
21. Cookies from Website
21.1 The website uses a technology called cookies (a small element of data that the website may send to the Client’s computer) that may be used to provide the Client with specific information for the purpose of the Supplier tracking site usage and traffic. These cookies do not read the Client’s hard drive or collect personal information but may be stored on the Client’s hard drive to enable the Supplier’s website to recognise the Client when the Client returns to the same.
22. Computer Damage
22.1 The Supplier assumes no responsibility or liability for any damages, or viruses, worms, Trojan horses or other malicious code that manifest contaminating or destructive properties that may infect the Client’s computer equipment or other property on account of the Client’s access to, use of, or browsing the web site, or the downloading of any materials, data, text, images, video, or audio from the web site.
23. Web Copyright and Trademarks
23.1 The contents of the website are at all times the copyright or trademark property of either the Supplier, the Supplier’s suppliers or linked third parties. The Client may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of the Supplier, the Supplier’s suppliers or linked third parties (each as applicable). Furthermore the Client agrees to indemnify the Supplier against any claims, costs, damages or losses incurred by the Client should the Client fail to comply with clause.
24. Web Advertisers and Linked Sites
24.1 The display on the website of any advertiser or the provision of a link to third party websites does not constitute the Supplier’s endorsement of either the advertiser or third party provider or any of their website content or business practices. As the Supplier does not have any control of the content of any third party websites, access to such websites is at the Client’s sole risk and it is recommended that the Client thoroughly reviews the terms and conditions of use and the Privacy policies of any third party website immediately when accessing such a site.
24.2 The Supplier shall accept no liability in regards to any dealings, promotions or activities between the Client and advertisers or third party providers.
25. Web Specifications and Information
25.1 Specifications and information provided on the website are given in good faith based on the Supplier’s knowledge, experience, or information provided by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by the Supplier. It is recommended if the Client has any concerns as to the suitability of Goods provided through the website in respective the use of the Goods or their suitability for a particular use that the Client contact the Supplier or seek external professional opinion.
25.2 In publishing this Website, the Supplier make no representations concerning the efficacy, appropriateness or suitability of any products or treatments. The Supplier is not a health care professional and has no medical background or training. Statements and information regarding any products mentioned within this website have not been evaluated by the Therapeutic Goods Administration (TGA) and are not intended to diagnose, treat, cure or prevent any disease or health condition.
25.3 The information provided by the Supplier’s website is general in nature and is intended for educational and informational purposes only. It is not intended to replace or substitute the evaluation, judgment, diagnosis, and medical or preventative care of a physician, paediatrician, therapist and/or health care provider.
25.4 Any medical, nutritional, dietetic, therapeutic or other decisions, dosages, treatments or drug regimes should be made in consultation with a health care practitioner. Do not discontinue treatment or medication without first consulting a physician, clinician or therapist.
25.5 The Client acknowledges and accepts that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to the Supplier for use, or the quality, age or settings on the Client’s monitor. If colour is a major factor in the Client’s decision making the Supplier recommends that the Client contact the Supplier before purchase.
26. On-Line Ordering
26.1 Display on this website does not guarantee the availability of any particular Good(s) therefore all orders placed through this website shall be subject to confirmation of acceptance by the Supplier. Orders for Goods shall be subject to confirmation of suitable timeframes between the Client and the Supplier for provision of the Goods.
27. Continuous Service
27.1 Due to the inherent nature of websites the Supplier cannot guarantee uninterrupted or continuous availability of this website and the Client accepts that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able the Supplier shall give the Client advanced warning of the same. The Supplier shall accept no liability in relation to website downtime whether scheduled or otherwise.
28. Termination of Web Access
28.1 Access to the Supplier’s website may be terminated by the Supplier (at their sole discretion) at any time without notice or any requirement to give the Client a reason why. In the event of termination under this clause the Supplier shall have no liability to the Client whatsoever (including for any consequential or direct loss the Client may suffer).