TERMS AND CONDITIONS FOR THE USE OF www.drkatherine.com
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 Dr Katherine website at https://www.drkatherine.com as well as related products (together “the Website”).
Your access to and use of the information, material 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 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 responsible for the compliance with 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 and the like (“the 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, and 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 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 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 made through the Website.
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.
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 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.
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 email@example.com. We may in our sole discretion investigate your claim and take appropriate action if necessary.
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 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 is an information service only. The Company is not responsible for any injury or loss that you may suffer as a result of following advice on the Website.
If you have any 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 on the Website.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR HEALTHCARE PROFESSIONAL BEFORE USING ANY OF THE INFORMATION ON THE WEBSITE (especially – but not only – if you have any eating disorder, diabetes, high or low blood pressure, cholesterol issues, you are pregnant or you are trying to conceive).
At times the Website will contain recommendations. These recommendations are only provided as general information. You should not rely on these recommendations. They are not provided as medical or professional advice or opinion. They naturally do not take into account factors specific to you and your circumstances. 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 the Company hereby avoids liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations on the Website.
Service Liability Disclaimer, Waiver and Release
This section sets out the terms upon which Myfiziq Pty Ltd (ACN 602 111 115) trading as Dr Katherine provides services (Services), including events and private consultations, or products facilitated or sold by Dr Katherine. This is a legally binding document so it is important that you read this document carefully before taking part in any service provided by Dr Katherine.
I understand, acknowledge and agree that:
By attending a consultation, event, workshop or any other service provided by Dr Katherine, I 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 I claim to have or that I may have arising out of acts or omissions by myself, Dr Katherine as a result of the Program (including personal injury and negligence). I 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 engaging in a Service, I, the Participant, confirm that I have read, understood and accept the terms of this document. I acknowledge that my lack of signature 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 me.
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 on the Website or any linked websites, regardless of whether 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 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 be limited to the total amount of all fees paid by you as a user of the Website to the extent permitted by law. Liability arising under a statute which cannot be lawfully excluded is not excluded by these Terms and Conditions.
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.
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. You agree that all terminations are made in the Company’s sole discretion and that the Company has no liability to you or anyone else for the termination of your account or use of the Website.
Termination by the Company may occur in the following circumstances:
Consequences of the termination of your account and/or use of the Website include:
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.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia.
You agree to submit to the exclusive jurisdiction of the courts of Western Australia and any courts hearing appeals from those courts.
Clauses 2 (Your use of the Website), 8 (Medical Disclaimer), 9 (Limitation of Liability), 10 (Indemnity) and 11 (Intellectual Property) shall survive the termination and/or expiry of this agreement.
Last modified: January 2019