• PRIVACY POLICY

  This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

  What personal information do we collect from the people that visit our blog, website or app?

  When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.

  When do we collect information?

  We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

  How do we use your information?

  We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To send periodic emails regarding your order or other products and services.

  How do we protect visitor information?

  Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

  We use regular Malware Scanning.

  Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

  We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

  All transactions are processed through a gateway provider and are not stored or processed on our servers.

  Do we use ‘cookies’?

  Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

  We use cookies to:
  • Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

  If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.

  However, you can still place orders .

  Third Party Disclosure

  We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

  However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

  Third party links

  We do not include or offer third party products or services on our website.

  Google

  Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

  We use Google AdSense Advertising on our website.

  Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

  We have implemented the following:
  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting
  • DoubleClick Platform Integration

  We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

  Opting out:
  Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

  California Online Privacy Protection Act

  CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

  According to CalOPPA we agree to the following:
  Users can visit our site anonymously
  Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
  Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

  Users will be notified of any privacy policy changes:
  • On our Privacy Policy Page
  Users are able to change their personal information:
  • By emailing us

  How does our site handle do not track signals?
  We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

  Does our site allow third party behavioral tracking?
  It’s also important to note that we allow third party behavioral tracking

  COPPA (Children Online Privacy Protection Act)

  When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

  We do not specifically market to children under 13.

  Fair Information Practices

  The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

  In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
  We will notify the users via email
  • Within 7 business days
  We will notify the users via in site notification
  • Within 7 business days

  We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

  CAN SPAM Act

  The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

  We collect your email address in order to:

  To be in accordance with CANSPAM we agree to the following:

  If at any time you would like to unsubscribe from receiving future emails, you can email us at
  and we will promptly remove you from ALL correspondence.

  Contacting Us

  If there are any questions regarding this privacy policy you may contact us using the information below.

  www.cfshealth.com
  L1, 643 Nepean Hwy
  Brighton, VIC 3187
  Australia
  [email protected]

  Last Edited on 2015-05-11

 

TERMS AND CONDITIONS FOR CFS HEALTH

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at [email protected] .

When you join Foundations by CFS Health (referred to in this Agreement as “the program”), these terms and conditions (“Agreement”) make a legally binding agreement between CFS Health Centre Pty. Ltd. (referred to in this Agreement as “us”, “we” and “our”) and you in the same way as if you had signed an agreement containing these terms and conditions.

RESTRICTIONS

You agree not to share your user account and password and that access to our program is for your personal use and may not be shared.

You agree to indemnify us against all losses suffered by us due to you selling or otherwise receiving any financial or other consideration for providing our program to any other person.

MEDICAL DISCLAIMER

Our program is designed to give you the tools and education to help you enhance your quality of life and daily function.

By joining our program, you agree and acknowledge that:

• you have obtained medical advice from your doctor about the suitability of our program;
• our program provides general health and wellness advice and is not designed to be tailored to your personal medical history;
• any health advice provided by medical practitioners during our program is general advice only.

LIMITATION OF LIABILITY

Our total liability to you for any Loss arising out of or in connection with:

• Any act, error, negligence, misrepresentation or omission concerning or arising out of our program (including any representation or warranty as to the quality or fitness of the program or our ability to perform the program); and
• Any breach of duty of any kind owed in connection with providing the program,

will be limited to and will not exceed the total Fees paid by you under this Agreement.

In no event will we be liable for any indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.

Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.

In this clause Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tort, contract or otherwise (including costs awarded or incurred) of any kind.

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 Policy.

CHARGES AND FEES

By joining our program you agree to:

• pay, using a valid credit card (or other form of payment which we may accept).
• 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.
• price of our program will be charged in US dollars unless we have stated otherwise.

CONFIDENTIALITY

A party receiving Confidential Information (“receiving party”) which is provided by or on behalf of the other party (“disclosing party”) must not deal with the disclosing party’s Confidential Information in any way that might prejudice its confidentiality.

You acknowledge that information resulting from our program will also be regarded as confidential information.

At the end of our program, or when directed by a disclosing party:

• all Confidential Information must be returned to the disclosing party, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that the receiving party makes; and
• the receiving party will must erase and destroy any copies of any software containing or comprising the Confidential Information in the receiving party’s possession or under the receiving party’s control or that may have been loaded onto a computer possessed or controlled by the receiving party.

The Confidential Information does not include information which:

• is generally available in the public domain otherwise than as a result of a breach of this clause by the receiving party; or
• was known by the receiving party prior to the disclosing party disclosing the information to the receiving party.

The receiving party agrees to indemnify the disclosing party fully against all liabilities, costs and expenses which the disclosing party may incur as a direct result of any breach of this clause by the receiving party.

The receiving party acknowledges that damages may be an inadequate remedy for breach of this clause and that the disclosing party may obtain injunctive relief against the receiving party for any breach of this clause.

The obligations accepted by the receiving party under this clause survive termination or expiry of this Agreement.

INTELLECTUAL PROPERTY

You acknowledge that we own all Intellectual Property Rights in our program.

We agree to grant you a non-exclusive, non-transferable, royalty free licence to use and reproduce the Intellectual Property Rights for the sole purpose of ensuring that you obtain the benefit of our program.

In this clause, Intellectual Property Rights means copyright, trademark, design, and any other rights whether or not they are registered or registrable, relevant to, among other things, the text, graphical, audio and other information, content, data or material used by us in the program.

SOCIAL MEDIA

We love to hear about the wins and breakthroughs of our program participants. We also take your confidentiality very seriously. You can be assured that any wins or posts that are made by you inside our program Facebook groups or on live calls, will not be published outside of these channels without your approval and consent. All testimonials that we share on our social platforms, for the benefit of inspiring others, is done so with permission.

 

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 by using this site you do so at your own risk. We are not responsible for the security of any third party links on our website or the accuracy of information found on third party sites. You assume all liability for the costs of any repairs of equipment you use in relation to this website.

CANCELLATION AND TERMINATION

The program is a 5-week program with 12-months of extended access to the Foundation Hub only. Coach interaction and the private Facebook group will cease on the last day at the end of the 5-week program.

The Foundations Program has a 7-day money back guarantee. If within the first 7 days of the program you have not found the program to be beneficial you can request a full refund of funds paid. An email requesting your 7-day money back must be received in writing to [email protected]  no later than COB on the 7th day from the first day of the program, Australian Eastern Standard Time.

Once the initial 7 days has ended you agree that there are no refunds and you will continue in our program and pay your agreed fortnightly fee (if on the fortnightly payment plan option).

We may terminate your participation in our program if you:

• fail to fix a breach of this agreement (including, without limitation, late payment of fees or breach of our intellectual property); or
• fail to comply with our program’s group guidelines.

SEVERABILITY

If any term of this Agreement are found to be illegal, void or unenforceable, then that term will be excluded from this Agreement and will not affect the validity and enforceability of any remaining terms.

APPLICABLE LAW 

This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the Courts of New South Wales.

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