These Terms of Use (“Terms”), which incorporate the Privacy Policy, govern your use of the website located at www.cfphysio.com (“Site”) and form a binding contractual agreement between you, the user of the Site and CFPhysio.com Inc.
For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on: [email protected]
By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1. Licence to use Site
- We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
- If you are between the ages of 13 and 18 years old, you may use this Site only if: (i) your use has been approved by your parent or legal guardian, (ii) you use the Site under his or her supervision, and (iii) he or she has agreed to the Terms (and any additional registration agreements, if applicable) on your behalf.
- If you are the parent of a minor, you may use the Site and agree to the Terms on behalf of the minor. By doing so, you warrant that you have the legal capacity to act on the minor’s behalf and you agree that the provisions of the Terms (and any additional registration agreements, if applicable) that are applicable to you are equally applicable to the minor.
- Under no circumstances may a minor under the age of 13 use the Site unless supervised by an adult, parent or legal guardian or treating health care professional.
- You must not add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- The use of ‘deep-link’, ‘page-scraping’, ‘robots’, ‘web crawler’, or other automatic or manual programme to access, monitor or copy the Site is prohibited.
- Unauthorised access to the Site by hacking or any other illegitimate means is prohibited.
- The use of any software, device or other method to interfere with the site or impose unreasonable load on the infrastructure of the Site is prohibited.
- Any use of the Site that is unlawful, or using the Site to solicit illegal activity, is prohibited by these Terms.
- You acknowledge and agree that:
- we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
- the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
- Except as expressly stated, nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- Content on the Site including but not limited to the text, graphics, photographs, videos may be protected by copyright, patent and trade mark laws and various other intellectual property rights.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 2.2 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3. Source of information
- The information provided on the Site has been developed through review of current evidence-based literature. Physiotherapists from Australia and New Zealand have contributed to the review of this literature and developed the resources available on the Site.
- In agreeing to use the Site you understand the information may not always be up to date and it should not replace any medical advice you have received by your treating team.
- As this information has been developed in Australia and New Zealand, we make no claim that information on the Site is appropriate or permissible in your country. Any information we collect if required, you understand that information protection laws outside your country of residence may vary.
- Links to Other Websites:
- The Site contains links to other websites not operated by CFPhysio.com. We have no control over these other websites and any links to them do not constitute our endorsement of them or their content. You understand and agree that these other websites are governed by their own user agreements and privacy policies and that any visits to them are at your own risk.
4. Warranties
- You represent and warrant to us that:
- you have the legal capacity to enter these Terms; and
- you have complied with clause 1.3.
5. Liability
- To the full extent permitted by law, we exclude all liability including in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we exclude all liability including damages of any kind or nature, relating to your participation in using the information within the website. You understand in agreeing to these terms and conditions the information, advice and resources (including the video demonstrations) are not intended to replace medical advice or treatment provided/recommended by a treating medical team.
- We will not be liable for any costs or damages resulting from a failure to comply with these Terms of Use.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- in the case of goods:
6. Termination
- These Terms terminate automatically if, for any reason, we cease to operate the Site or if you breach these Terms.
7. General
- You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of Tasmania and each party submits to the jurisdiction of the courts of Tasmania.
8. Accounts and Security
- Services on the Site may be offered through an account. Account users are responsible for maintaining confidentiality of the information required to log in to the account with including the username and password. Account users are responsible for activity on the Site that occurs through failure to keep this information secure and confidential.
- An account user must notify us of any unauthorised access to the account or any other breach of security.
- Any use of an account that does not belong to the user is strictly prohibited.
9. Disclaimers
- Users to the Site accept that the Site will occasionally crash, be interrupted and the Site holder will not be responsible for any loss or inconvenience to interruptions to the Site.
- The Site holder retains the right to shut down, interrupt or suspend the Site at any time without notice.
- The Site holder will not be responsible for any viruses, contamination or destructive features from any files or data that is downloaded from the site.
- Site Users assume all liability for the use of the Site and any other third party website in connection with the Site.
- The Site Holder is not responsible for any damage, liability or injury caused by the content of the site.
10. Indemnity
- You agree to indemnify us, the Site holder, its officers and directions, the site hosting company, and the site developer from any damage, loss or liability made arising or in connection with your use of the Site in breach of the Terms.
11. Breach or Violation of the Terms
- Users agree that the Site Holder may in their sole discretion without notice prohibit any user from the site and block access to the Site if they reasonably believe that the Terms have been breached or if the Site Holder is requested to do so by law enforcement or another government agency.
- Users agree that the Site Holder may pass on details or the Identity of the User to assist in any investigation or complaint made in connection with the use of the Site.
- The Site holder will be entitled to take any legal action against a user for breach of the Terms.
- Any inaction of the Site Holder to take legal action will not be treated as a waiver or acquiescence of their right to take legal action.
- The Site holder will be entitled to recover reasonable legal fees from the User in relation to legal action taken for breach of the Terms.
