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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 the CFS Health Online Recovery Program (referred to in this Agreement as “our 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 inclusive of GST and charged in Australian 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. By entering our program, you agree that we may share any written testimonials from you about your progress in the program on our website and social media platforms. We will use our best endeavours to ensure that any identifying personal information is not visible when sharing this information. If you do not wish to have any testimonials or progress shared by us, please notify us by email at [email protected] when joining our program

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 has an initial commitment of six months and you acknowledge and agree that there are no refunds for change of mind.

Once the initial six months has ended, you will continue in our program and pay your agreed fee on a month by month basis until you confirm your cancellation with us via email at [email protected].

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.