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 .
By visiting or using this website or by joining our online recovery program, 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 and conditions. You agree that any information you provide to us will be true, accurate and complete.
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 CFS online recovery program. You should read each of them carefully before undertaking the CFS online recovery program or using the website in any other way.
Neither CFS nor Toby Morrison makes any warranty in connection with the CFS online recovery 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 this website.
You agree that only you may use your user account and password and that the CFS online recovery 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 CFS online recovery program to any other person.
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 CFS online recovery 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 CFS online recovery 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, sub-contractors or agents of each of them are not liable for breach of any express of implied warranty that the CFS online recovery program will meet all your expectations.
You agree to participate in the CFS online recovery 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 CFS online recovery 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 CFS online recovery 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, sub-contractors, 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 CFS online recovery 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, sub-contractors arising out of or as a consequence of your participation in a program or in any behaviour incidental to the CFS online recovery program.
PRIVACY AND SECURITY
CHARGES AND FEES
By joining the CFS online recovery program you agree to pay, using a valid credit card (or other form of payment which we may accept).
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 otherwise.
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 CFS online recovery 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.
CFS Health has a no-refund policy. That due to your initial application and enrolment call that you agree that you are a good fit for the program and are committed to the program contracted to a minimum of six months.
One the initial six months has ended. If you decide to stay in the program you agree that you will pay your agreed fee on a month by month basis until you confirm your cancelation with CFS Health via email at [email protected]
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 remaining terms.
This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the Courts of Victoria.