I understand and agree to all other Terms and Conditions detailed on this page.
Terms and conditions
The following disclaimer was updated on September 1st 2016.
By visiting or using this website or by joining this online
program found at http://physicalmastery.kajabi.com you agree to be legally bound and
to abide by these terms and conditions in the same way as if you had
signed an agreement containing these terms and conditions. You also
agree to indemnify CFS Health Centre Pty. Ltd. (“CFS”) and Toby Morrison
against all claims by any party arising from your breach of these terms
You agree that any information you provide to us will be true, accurate
The use of this website is subject to important limitations of
liability, indemnities and disclaimers including matters concerning your
health and which may affect your suitability to follow the Movement & Gut Health Mastery Program.
You should read each of them carefully before
undertaking the Movement & Gut Health Mastery Program or using the website in any
Neither CFS nor Toby Morrison makes any warranty in connection with the
Movement & Gut Health Mastery Program.
If you do not abide by these terms and conditions CFS and Toby Morrison
reserve the right to cancel your password, user account and access to
You agree that only you may use your user account and password and that
the Movement & Gut Health Mastery Program you join is only for your personal use and
may not be shared with third parties.
You agree to be responsible including financially for all usage or
activity of your user account.
You agree to indemnify CFS and Toby Morrison against all losses suffered
by them due to you selling or otherwise receiving any financial or other
consideration for providing the Movement & Gut Health Mastery Program to any other
CFS, Toby Morrison and the CFS Health online recovery program are not
responsible for your health.
The CFS health online recovery program is information and guidance only.
The program is designed to give you the tools and education to help you
help yourself to a better quality of life and daily function. The
program is not a program of medical treatment nor is it a cure for CFS.
Toby Morrison is not a medical practitioner. Neither CFS nor Toby
Morrison nor its websites are giving advice including medical advice.
Before commencing this program you should seek medical advice. If at
any time you consider your condition is worsening you should immediately
seek medical advice.
LIMITATION OF LIABILITY
In no event shall CFS, Toby Morrison or any of their affiliates,
directors, shareholders, employees or agents of each of them be liable
for damages of any kind including without limitation any indirect or
consequential damages resulting from your use of this website.
You acknowledge and agree that by undertaking the Movement & Gut Health Mastery
Program you do so voluntarily and that there may be risks in
participating in the program such as personal injury, permanent
disability or death.
You are aware these risks may be caused by your own acts or omissions or
that there are other risks not known to you at the time of undertaking
the Movement & Gut Health Mastery Program of using this website.
You agree this is a risk warning pursuant to any applicable legislation
and you agree you assume all risks in connection with your participation
in the CFS online recover program or using this website. CFS, Toby
Morrison, their affiliates, directors, shareholders, employees, or
agents of each of them are not liable for breach of any express of
implied warranty that the Movement & Gut Health Mastery Program will meet all your
You agree to participate in the Movement & Gut Health Mastery Program in a way that is
not dangerous to you or others.
You agree to release, discharge, waive and forever hold harmless CFS,
Toby Morrison and their affiliates and all of their officers, employees
and agents against all and any claims, or cause of action however
arising, for or arising out of loss of life or injury, damage or loss of
any description whatsoever and howsoever caused which you may suffer or
sustain in the course of or consequent upon your participation in the
Movement & Gut Health Mastery Program or any activity incidental to the program,
whether direct, consequential or foreseeable and whether caused by
accident or any negligent or willful act or omission, breach of
contract, breach of statutory duty or otherwise in connection with the
program, this website or its contents.
Where your loss is not or cannot be excluded by these terms and
conditions then CFS or Toby Morrison’s liability in relation to any loss
or damage directly or indirectly related to any warranty or condition
which is not excluded by these terms and conditions is limited to the
cost of the Movement & Gut Health Mastery Program.
If you are dissatisfied with any portion of this website, or with any of
these terms and conditions, your sole and exclusive remedy is the
discontinuation of your use of this website.
You agree to indemnify CFS, Toby Morrison and their affiliates and their
directors, officers and employees, against any claim, right or cause of
action for or arising out of loss of life or injury, damage or loss of
any description whatsoever and howsoever caused, which you may suffer or
sustain in the course of or consequent upon your participation in the
Movement & Gut Health Mastery Program or any activity incidental to the program, and
whether caused by accident or any negligent or wilful act or omission,
breach of contract, breach of statutory duty or otherwise in connection
with the program or the use of this website.
You agree that the waivers, releases, discharges and indemnities
contained in these terms and conditions shall operate in favour of CFS,
Toby Morrison and their affiliates and their directors, officers,
employees and representatives and shall so operate whether or not the
loss, injury or damage is due to or attributable to any act, neglect or
omissions of any one or more of them.
You understand and agree that these terms and conditions may be pleaded
as a bar to any law suit or litigation taken by you against CFS, Toby
Morrison and their affiliates and their directors, officers, employees,
arising out of or as a consequence of your participation in a program or
in any behavior incidental to the Movement & Gut Health Mastery Program.
PRIVACY AND SECURITY
By agreeing to these terms and conditions you also agree to the
collection and use of your personal data in accordance with our Privacy
CHARGES AND FEES
By joining the Movement & Gut Health Mastery Program you agree to pay, using a valid
credit card (or other form of payment which we may accept), $399 AUD or
3 payments of $159 AUD for 2 consecutive months and to provide the
necessary information required for payment to be effected.
You agree to allow us to provide your personal data with third parties
for the purpose of verifying the information you provide and billing
your credit card or otherwise charging your account. You agree to
maintain and update your data to keep it accurate at all times.
You are responsible for protecting the confidentiality of your password
and user account information. You must notify us as soon as possible
about any known or suspected unauthorized use of your user account or
unauthorized disclosure of your password or credit card details.
You are entirely responsible for all purchases which occur under your
user account, as well as for paying any amounts billed to your credit
card by a third party which were not authorized by you.
The final price will be inclusive of GST unless we have stated
WEBSITE CONTENT, INTERACTION AND DISCLAIMER
You agree the content of this website including these terms and
conditions may be amended without notice and that your use of the
website after any amendment constitutes your agreement to abide by the
terms and conditions as changed.
You agree CFS and Toby Morrison may send electronic mail to you they
deem necessary and/or relating to the Movement & Gut Health Mastery Program.
By divulging your contact details online you agree to communications
from CFS and Toby Morrison for marketing purposes.
You agree by using this site you do so at your own risk. You assume all
liability for the costs of any repairs of equipment you use in relation
to this website.
You agree that CFS and Toby Morrison do not offer any refunds or
cancellations of any kind.
If any term of this Agreement shall be found to be illegal, void or
unenforceable, then that term shall be judged severable from this
Agreement and shall not affect the validity and enforceability of any
This Agreement is governed by the laws of Victoria and each party
submits to the jurisdiction of the Courts of Victoria.