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TERMS AND CONDITIONS FOR THE USE OF

www.drkatherine.com and purchase of products or services.

TERMS OF USE

MyFiziq Limited of Unit 5, 71 – 73 The Esplanade, South Perth WA 6151, postal Address: PO Box 190, South Perth WA 6951 (“the Company”/ “we” / “us”) owns and operates the Katherine Iscoe website at http://www.katherineiscoe.com as well as related products and services (together, “the Website”).

Your access to and use of the information, materials, products and services provided on the Website is conditional upon your acceptance of, and compliance with, these Terms and Conditions. Your use of the Website constitutes your agreement to be bound by these Terms and Conditions and you represent and warrant that you are at least 18 years old.

These Terms and Conditions may be revised and updated from time to time by the Company without notice to you. You can review the current version of the Terms and Conditions at any time on the Website. If there are major changes to the Terms and Conditions that could adversely affect you (as determined by us in our sole discretion), then we will provide you with additional notice via email to the email address provided by you when you register with the Website. Without limiting our right to provide notice by any other means, you will be deemed to have received notice of any changes upon us notifying amendments on the Website, and you will be deemed to have agreed to any such amendments to the Terms and Conditions when you next use the Website.

The Company reserves the right at any time to modify or discontinue (temporarily or permanently) the Website, or any portion of the Website, with or without notice to you. The Company shall not be liable on any basis, to you or to any third party, for any modification, suspension or discontinuance of the Website.

The Website is made available by the Company which is based in Australia. The Company makes no representations in relation to the appropriateness or availability for use of the Website or the Content of the Website in other locations. Access to the Website and its content from territories where the Content or use of the Website is illegal, is prohibited. If you choose to access the Website and Content from locations outside Australia you do so on your own initiative and you are solely responsible for compliance with any applicable local laws.

YOUR USE OF THE WEBSITE

With respect to your use of the Website and its content and all communications you make to the Company, including but not limited to feedback, questions, comments, ideas, suggestions, know-how, concepts and techniques (“Content”), you acknowledge and agree that:

You are responsible for any Content that you send to us or post on the Website and you warrant that you created or have the necessary rights and permissions to submit the Content to the Website and that in so doing you do not infringe any third party intellectual property, privacy or any other rights and you will not provide access or link to any material which may infringe the intellectual property rights of another person.

Your use of the Website is for your own private and personal purposes. You are prohibited from any commercial use of the Website. You will not advertise or promote any products or services on the Website without the prior written consent of the Company.

You shall have no right of confidentiality in your Content and the Company shall have no obligation to protect your Content from disclosure.  Your Content will be displayed on the Website and may then be used and downloaded by other users.

You waive any and all moral rights you may have in the Content and agree to the Company doing anything with your Content including such things that would otherwise constitute an infringement of your moral rights.

The Company reserves the right (but is not obliged) to monitor and review all Content and may in its sole discretion and without notice remove or edit Content for whatever reason.

You grant the Company a royalty-free, perpetual, world-wide, irrevocable and non-exclusive licence to the intellectual property rights in all Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish, communicate and display in any manner which the Company determines.

You undertake not to bring the reputation of Dr Katherine Iscoe, the Company, any employees of the Company or any other Website members into disrepute.

You are prohibited from and will under no circumstances submit any Content or material that is illegal, offensive, discriminatory, harassing or threatening, abusive, defamatory or vilifying in any way or manner including racially or sexually, obscene, pornographic or that includes indecent material of any kind and you will not behave in a way that could reasonably be perceived as predatory or soliciting of identifying information about or from a person under the age of 18 years.

You agree that you will not post, submit or send any material to the Website containing viruses, harmful codes or bugs and you further agree that you will not bypass or attempt to bypass the Website’s security measures or obtain or attempt to obtain email addresses, photographs or personal information of other users.

You further acknowledge and agree that the Company has the right to suspend and terminate your use of the Website and membership of any services and products at any time if you have breached any of the above conditions of use.

REGISTRATION AND ACCOUNT

In order to use and access certain services on the Website you may need to complete a registration form. When submitting the registration form you agree to only provide information about yourself that is true, accurate and current and to continuously update and notify the Company of any changes to such information. The information you provide to the Company in the registration form will be used to provide you with the services and products on the Website. If your information is incorrect or incomplete or the Company has reason to believe that the information is incorrect or incomplete the Company may terminate your account and future use of the Website.

When registering on the Website, you will be provided with an account with a password. This password is personal to you and you must not disclose or let anyone else use your password or account. You agree that any access and use of your account with your password will be deemed to be access and use by you, including any purchases or subscriptions made through the Website using your account.

In registering on the Website you represent and warrant that you are at least 18 years of age and not in a jurisdiction which has prohibited the use or access of the Website.

PAYMENTS

You agree to pay for all account services provided on the Website and any other charges incurred in connection with your account or your use of the Website.

When registering on the Website for services or products that incur a charge you will need to choose a payment method. The Company will charge you the fee or fees as stipulated on the online registration form. All fees are payable in advance.

The Company reserves the right at any time to increase any fees or institute new fees upon reasonable notice posted on the Website.

All purchases and account payments are final and no refund will be given for any unused portions of the use of your account or the Website’s services and products.

WEBSITE PROVIDED “AS IS”

While every effort is made to ensure that the content of the Website is accurate, the Website is provided ‘as is’. To the full extent permitted by law, the Company makes no warranties or representations as to the accuracy, timeliness or completeness of the information contained on the Website. Nothing on the Website shall be taken as rendering professional advice.

The Company does not warrant that the services that makes the Website available will be error, bug or virus free. It is your responsibility to make adequate provision against such threats.

THIRD PARTY WEBSITES AND CONTENT

The Website may contain links to third party websites and services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with or arising from the content or accuracy of information, privacy policies, or practices of any third party website or services.  The provision of a link to a third party website does not constitute an endorsement or approval of that website or any product or services on that website. It is your responsibility to assess whether any information provided is appropriate for your circumstances.

The Company cannot guarantee control over Content submitted by you or other users of the Website. We are not responsible or liable for any Content submitted by any user. You acknowledge and agree that we do not condone or endorse any Content submitted by users and we do not take any responsibility for the accuracy, legality or decency of such Content.

Any misconduct of other users or third parties on the Website may be reported by emailing the Company on info@drkatherine.com. We may in our sole discretion investigate your claim and take appropriate action if necessary.

PRIVACY POLICY

You agree that your personal information will be managed in accordance with our Privacy Policy which is available on the Website at https://drkatherine.com/privacy-policy. The Privacy Policy explains what personal information we will collect about you, how we use that information, who we disclose it to, where it is stored, how you may access your personal information, how you may complain about a breach of the privacy laws and how such a complaint will be dealt with.

By using the Website and submitting personal information you consent to your personal information being used and/or disclosed in accordance with the Privacy Policy.

Your transmission of data over the internet will never be totally secure. All information transmitted to us is at your own risk. We will do everything we can to protect your data and the information you send to us, however, we do not warrant the security of such data or information.

The Website uses cookies and other web-tracking tools to improve the content and functionality of the Website. Please refer to our Privacy Policy for details. 

MEDICAL DISCLAIMER

The information on the Website 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. You acknowledge and agree that the Website provides only information and consultation services. The Company is not responsible for any injury or loss that you may suffer as a result of following any information or recommendations on the Website.

You are at all times responsible for seeking independent advice from healthcare professionals before acting on or following any information or materials provided on the Website, or using any product. 

You are solely responsible for seeking prior approval from your GP or other medical professional as to the appropriateness of using the Website and any services or products provided by the Company in the event that you have any pre-existing mental health or other health issue or condition.

Further you acknowledge that the Company has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of any online program or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in their confidence, emotional status, mental health or any other desired goal(s) or outcome(s).

At times the Website will contain recommendations. These recommendations are only provided as general information and should not be relied upon as medical or professional advice. They naturally do not take into account factors or background specific to you and your circumstances. You should therefore always seek your own advice on any health or fitness related matters from your GP or other healthcare professional.

To the full extent permitted by law the Company hereby avoids liability and/or responsibility for any adverse outcomes or loss or damage of any kind that might arise, directly or indirectly, from any recommendations appearing on the Website or provided to you as part of the services or products.

Private Appointments, Events, Workshops and Online courses

You acknowledge that the Company’s online programs (including but not limited to Wake Up Confident and Her Content) and other services, products and courses provided by the Company are not offered as a substitute for professional mental health care or medical care of any kind and are not intended to diagnose, treat or cure any mental health or other medical conditions.  You also acknowledge that the Company is not acting as or providing medical professional services to you as a mental health counsellor or in any other capacity.

If you have a pre-existing mental health issue or concerns regarding your mental health, you should first seek medical clearance from a qualified medical practitioner before enrolling in one of our online programs. 

If you are experiencing any thoughts of self-harm you should seek immediate medical advice or assistance.   

The online programs offered by the Company can be confronting and are strictly for those individuals who do not require prior professional treatment or diagnosis. The content by its nature can be highly triggering. Therefore you MUST be at a stage of personal development where you can effectively manage emotional discomfort as a result of participating in one of the programs. If in doubt, please talk to your GP, therapist or other healthcare professional before enrolling in any online course.

You acknowledge that you have sole responsibility for self-managing any emotional discomfort or difficulties that you may develop as a result of your participation in one of our programs.  

If you have specific health concerns, pre-existing medical conditions or questions regarding your medical condition you should consult a qualified medical professional including (but not limited to) a general practitioner, a psychologist, a psychiatrist, or a counsellor.  

REFUND POLICY – Wake Up Confident

We offer a two week ‘money back’ review process if you participate in the Wake Up Confident Program (the Program).  

The review process works so that if during the first two weeks of the official course program (not including the Welcome Wagon section) you do the full course work (including attending the LIVE sessions) and during that two week period you do not consider that we are delivering value to you, or that we are not delivering on our promise concerning the benefits of the course, you should email your completed course work to info@drkatherine.com before the end of that initial two week period to request a refund of the money you have paid to us under this Agreement, minus any external fees.  The Company’s consideration of that refund request shall be strictly subject to the following conditions:

Deadline to Apply for Refund

To be eligible for a refund, you must be enrolled in the Program and have paid the enrolment fee and you must submit your request for a refund no later than 12pm (noon) AEST on the 14th day following the official start date of the Program (i.e. if the official start date was the 2nd of a particular month, your request for a refund would need to be submitted by 12 noon on the 16th of that same month.)

Completed Course Work

To be eligible for a refund, we will be required to see your completed course work undertaken.  Please scan all completed course worksheets which are to be included as part of the refund request and email them to info@drkatherine.com prior to the above 14 day deadline.

Feedback is important to us, so when seeking a refund we will also require you to specify what did not work for you in the Program.  This will enable us to learn and improve for future programs. 

Company Discretion

After you submit your course work, all refunds are then within the Company’s sole discretion as to whether to grant or deny the refund request.

Please do not enrol in the Program if you just want to “check it out.”. We put an extraordinary amount of time and effort into this Program, and we expect you to do the same. The Program is for serious students only and if you are unable to show genuine engagement with the Program during the initial two week period it is unlikely that any refund will be paid.

Refunds for private appointments

Please note there are no refunds for private appointments. If you are unable to attend an appointment, you can reschedule 48 hours prior to your appointment date at no cost.  Any cancellations notified less than 48 hours prior to the appointment will mean that the full cost of the session will still be incurred by you.

Events and workshops

Please note there are no refunds for events or workshops in the event that you cannot attend, however you are welcome to transfer your entry ticket to a lucky friend. Please notify the event organisers in this case at info@drkatherine.com.

REFUND POLICY – Stop Self-Sabotage Course

We offer a two week ‘money back’ review process if you participate in the Self-Sabotage Course.

The review process works so that if you do the full course work and do not consider that we are delivering value to you, or that we are not delivering on our promise concerning the benefits of the course, you should email your completed course work to info@drkatherine.com within a seven day period of purchasing the course to request a refund of the money you have paid to us under this Agreement, minus any external fees.  The Company’s consideration of that refund request shall be strictly subject to the following conditions:

Deadline to Apply for Refund

To be eligible for a refund, you must be enrolled in the course and have paid the enrolment fee and you must submit your request for a refund no later than 7 days following your official enrolment (i.e. if you enrolled on the 2nd of a particular month, your request for a refund would need to be submitted by 12 noon on the 9th of that same month.)

Completed Course Work

To be eligible for a refund, we will be required to see your completed course work undertaken.  Please scan all completed course worksheets which are to be included as part of the refund request and email them to info@drkatherine.com prior to the above 7 day deadline.

Feedback is important to us, so when seeking a refund we will also require you to specify what did not work for you in the course.  This will enable us to learn and improve for future programs. 

Company Discretion

After you submit your course work, all refunds are then within the Company’s sole discretion as to whether to grant or deny the refund request.

Please do not enrol in the course if you just want to “check it out.”. We put an extraordinary amount of time and effort into this course, and we expect you to do the same. The course is for serious students only and if you are unable to show genuine engagement with the Program during the initial two week period it is unlikely that any refund will be paid.

Refunds for private appointments

Please note there are no refunds for private appointments. If you are unable to attend an appointment, you can reschedule 48 hours prior to your appointment date at no cost.  Any cancellations notified less than 48 hours prior to the appointment will mean that the full cost of the session will still be incurred by you.

Events and workshops

Please note there are no refunds for events or workshops in the event that you cannot attend, however you are welcome to transfer your entry ticket to a lucky friend. Please notify the event organisers in this case at info@drkatherine.com.

 

LIMITATION OF LIABILITY

The Company, including its employees, agents and sub-contractors, shall not be responsible or liable for any direct, indirect, special, exemplary, incidental, consequential, punitive or other loss, costs, expenses or damages of any kind, or any damages whatsoever, including but not limited to, those resulting from loss of profit, loss of contract, goodwill, data or information, loss of savings, business opportunities or revenue, whether or not advised of the possibility of such damage, arising out of or in connection with your use of and reliance on the content or services or Products on the Website or any linked websites, regardless of whether any alleged liability is based on breach of contract, tort (including negligence) or warranty, arises under a statute or any other legal basis for liability.

Any implied terms, conditions or warranties are excluded to the full extent permitted by law. In the event any implied terms, conditions or warranties are contained in legislation that cannot be excluded, such term, condition or warranty will be deemed to be included, however the Company’s liability in such situations will be limited to either repairing, replacing or supplying (or paying for the repair, replacement or supply of) goods equivalent to the goods or Products to which the breach relates, or re-supplying or paying for the re-supply of services in case of any breach relating to services.

The Company’s liability regarding claims under these Terms and Conditions (whether in contract, tort, negligence or as a result of statutory liability or otherwise) shall also be limited to the total amount of all fees paid by you as a user of the Website to the full extent permitted by law. Liability arising under a statute which cannot be lawfully excluded is not excluded by these Terms and Conditions.

INDEMNITY

You agree to indemnify the Company, its employees, its officers, its agents and its subcontractors against any third party claims and any and all losses, expenses or damages and costs (including reasonable legal fees) suffered or incurred by us and arising out of your breach of any of these terms and conditions in your use of the Website or attendance at any of our events or Programs.

INTELLECTUAL PROPERTY

Material on the Website including but not limited to text, video, audio, graphics, icons and images are owned or licensed by the Company, are protected by copyright law and are copyrighted to the Company unless otherwise credited. The names, logos and trademarks are the property of their respective owners. No names, logos or trademarks on the Website may be used without the prior written consent of the Company or their respective owners.

As a user of the Website you have been granted a limited, personal, non-exclusive, non-transferable and revocable license to use and print the content of the Website for your personal and non-commercial use and for no other purpose. To the full extent allowed by law, you agree and acknowledge that you will not reproduce, re-use or distribute any part of or any Content on the Website without the prior written consent of the Company.

BREACH OF USE

Any breach of the Terms and Conditions by you will result in the use of your account and/or access to the Website being terminated and blocked immediately and without prior notice. The Company also reserves the right in those circumstances to remove you from any Program, course or event.  You acknowledge that the Company can at its sole discretion elect to terminate and that the Company shall then have no liability to you or anyone else for the termination of your account, use of the Website or attendance at any Program or event in the event of your breach(es).

Termination by the Company may occur in the following circumstances:

  • A breach or violation of these Terms and Conditions or any other policies, reasonable directions or guidelines of the Company and/or Website;
  • Non-payment of fees owed by you to the Company in relation to the Website or any program, course or event;
  • Receipt of a request from a law enforcement or other authorised government entity;
  • The Company deciding in its sole discretion to discontinue the Website or any program, course or event;
  • Technical or security issues with the Website;
  • A request by you to terminate your account or use of the Website; and
  • Any other circumstances in which the Company deems it necessary to terminate the account and/or your use of the Website.

Consequences of the termination of your account and/or use of the Website include:

  • No access to any offerings on the Website;
  • Deletion of all your information, files and Content within your account;
  • Barring from future use of the Website; and/or
  • No refund for any unused portion of the use of your account or the Website.

SEVERANCE

You agree that if any of these Terms and Conditions are found to be unenforceable under any applicable law, the unenforceability of that term shall not have any bearing or impact on the enforceability of any of the other Terms and Conditions.

Governing Law, Jurisdiction and Dispute Resolution

These terms and conditions shall be governed by the laws of the State of Western Australia and the Parties acknowledge the non-exclusive jurisdiction of the Courts of Western Australia to hear any claim or dispute arising from these terms and conditions.

The Parties also acknowledge that they shall be bound to notify any dispute to the other Party  concerning these terms and conditions or the performance/observance of these terms and conditions within 7 days of the circumstances of that dispute arising and shall then be obliged to engage in attempts to resolve that notified dispute for a period of not less than 7 days following written notification of the facts and circumstances of the dispute to the other Party.  Compliance with that dispute resolution process shall not prevent any Party seeking injunctive relief.

SURVIVAL

The provisions of these Terms and Conditions that relate to ‘Your use of the Website’, ‘Medical Disclaimer’, ‘Limitation of Liability’, ‘Indemnity’ and ‘Intellectual Property’ and ‘Governing Law, Jurisdiction and Dispute Resolution’ shall survive the termination and/or expiry of this agreement.

Last modified: June 2020

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