Liability Disclaimer, Waiver and Release
This document sets out the terms upon which Myfiziq Pty Ltd (ACN 602 111 115) trading as Dr Katherine provides one-on-on consultations facilitated by Dr Katherine Iscoe. These Terms and Conditions (Terms) govern your involvement with Dr Katherine and/or her products/services and form a binding contractual agreement between you (you, your) and MyFiziq Limited ACN 602 111 115 trading as Dr Katherine (Dr Katherine, us, we).
These Terms are important and you should ensure that you read them carefully and contact Dr Katherine at email@example.com if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire agreement between you and us and supersede all prior agreements, conduct, representations and understandings. You acknowledge and understand that Dr Katherine’s products and services are intended for people over the age of 18 years. By accepting these Terms, you acknowledge that
(i) you have read, understand and agree to be bound by these Terms
(ii) you are at least 18 years old;
(iii) If you (the client) is not at least 18 years old you have consent from a parent or guardian; and
(iv) you have the right and authority to enter into these Terms.
1. You acknowledge that Dr Katherine is not a medical practitioner, psychologist, counsellor or dietician. If you (client) are suffering from a mental health disorder or an eating disorder, or believe you are suffering from a mental health disorder or an eating disorder, you should seek assistance from a specialist.
2. The information and material made available by Dr Katherine, including Her Content is not intended as, and should not be used to replace specific professional medical advice (including advice on diagnosis, treatment or prevention of any medical condition) or for any therapeutic purpose.
3. You acknowledge and agree that Dr Katherine provides an information/consultation service only. Dr Katherine is not responsible for any injury or loss that you may suffer as a result of following her advice. You must not rely on the information her information as an alternative to medical advice from a medical practitioner or other professional. The advice is intended for general information purposes only, and not as a substitute for medical advice, diagnosis or treatment.
4. If you have specific health concerns, pre-existing medical conditions or questions regarding your medical condition you should consult a qualified medical professional. You are at all times responsible for seeking independent advice from your healthcare professional before acting on or following any information or material provided by Dr Katherine.
5. You acknowledge and agree that it is your responsibility to consult with your healthcare professional before using any of the information provided by Dr Katherine (especially if you have any eating disorder, mental health condition, diabetes, high or low blood pressure, cholesterol issues, you are pregnant or you are trying to conceive).
At times the Dr Katherine may provide recommendations. These recommendations are only provided for general information and you should not rely on them. They are not provided as medical or professional advice or opinion. You should therefore always seek your own advice on any health or fitness related matters from your healthcare professional. To the full extent permitted by law, Dr Katherine hereby avoids liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations by Dr Katherine.
6. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use the information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information provided by Dr Katherine, or through use of her products or services.
7. We reserve the right to change any of the services at any time without prior warning or notice.
8. We reserve the right to change any programs, services or product prices at any time without further notice.
9. Should a dispute arise between us, we strongly encourage you to contact Dr Katherine at firstname.lastname@example.org and seek a resolution. Any reasonable requests will be considered and Dr Katherine will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
10. These Terms shall be construed in accordance with and governed by the laws of Western Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises between us.
11. The paragraphs titled “Medical Disclaimer” and “Your Indemnity” shall survive termination of this agreement.
These Terms were last updated in October 2018.
Trading Name: Myfiziq Limited trading as Dr Katherine
ABN: 85 602 111 115
By paying for a consultation with Dr Katherine, you release, waive, acquit and forever discharge Dr Katherine, its representatives, agents, successors, assigns, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you claim to have or that you may have arising out of acts or omissions by yourself, Dr Katherine as a result of my interactment with Dr Katherine (including personal injury and negligence). You also acknowledge that Dr Katherine is not in any way responsible for any loss or damage of my personal property.
If any portion of this release from liability is deemed by a court to be invalid then the remainder of this release is to remain and the invalid provision (or provisions) removed.
By paying for a consultation with Dr Katherine, you confirm that you have read, understood and accept the terms of this document. You also acknowledge that your lack of signature in a written document serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed other than in writing by Dr Katherine and yourself.