TERMS AND CONDITIONS
Should you enter into a support, education and/or coaching program with The Fresh Start Program (ABN 71 1428 04251) (the Program), the following terms and conditions apply. These terms and conditions apply to any program of The Fresh Start Program, be it an online digital product or otherwise.
Upon your registration as a member by you or by your health care professional, you will be added to the Program. We are entitled to rely on the payment for the program and/or the provision of your contact details and email address by you or your health care professional as conclusive evidence of your identity and authority without further investigation.
If you, or a user on whose behalf you register, breaches these terms and conditions, you acknowledge that we may immediately terminate your registration on the Program, without refund, and take appropriate legal action (if we choose) against you.
If you are registering on behalf of someone else, it is your responsibility to inform them of these terms and conditions and of their obligations as a user of this Website and the Program and ensure compliance with these terms.
Lifestyle Coaching Not Medical Advice
The Program is designed for people who are having or who have had bariatric surgery to assist them to create a new healthy lifestyle after their surgery. It is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your surgeon, physician, therapist, dietitian, or any other health care professional. The staff of The Fresh Start Program are not medical health practitioners or mental health providers and are not holding themselves out to be in any capacity. The Fresh Start Program is not providing a health care, medical, psychological counselling or dietetic service or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition, or other physical or mental ailment of the human body. Rather the staff of The Fresh Start Program serve as coaches, mentors and guides who aim to help you to reach your own health and weight management goals through implementing incremental, positive, healthy, sustainable lifestyle changes.
The intent of the Program is NOT to replace any relationship that exists, or should exist, between you and your surgeon or any other health care professional regarding any questions or concerns that you have about your surgery, specific health situation, dietary restrictions, or any medications you are currently taking. IT IS ESSENTIAL THAT YOU CONSULT WITH YOUR HEALTH CARE PROFESSIONAL BEFORE STARTING THE PROGRAM TO ENSURE THAT YOU ARE MINDFUL OF YOUR CURRENT HEALTH AND ANY RESTRICTIONS THAT ARE RELEVANT TO YOU. Do not disregard professional medical advice or delay seeking professional advice because of information you have read or received from The Fresh Start Program or its website or from other participants of the Program. Do not stop taking any medications without speaking to your physician or health care professional. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM, CONTACT YOUR HEALH CARE PROVIDER IMMEDIATELY.
You are responsible to make your own inquiries and seek independent advice from your healthcare professional before acting on any information or material made available to you through the Program, our Website, or via email. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from your qualified health care professional.
The Fresh Start Program aims to accurately represent the information provided in this Website, its teleconferences, group meetings, blog, forum, emails, programs and coaching services. You acknowledge that you are participating voluntarily in using this Website, its teleconferences, group meetings, blog, forum, emails, programs and coaching services and you alone are solely responsible for the results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family, and for all decision made by you now or in the future.
Assumption of Risk
There are sometimes unknown individual risks and circumstances that can arise during use of the Program or this Website. The Fresh Start Program is not responsible for your personal actions or choices before, during or after use of the Program or this Website. You understand that your use of the Program or this Website is at your own risk, with no liability on the part of The Fresh Start Program (or its employees, agents or subcontractors). You accept full responsibility for your use, or non-use, of any information provided by The Fresh Start Program through any means whatsoever. Your use, or non-use, of this information is at your own risk, and, to the extent permitted by law, you absolve The Fresh Start Program (and its employees, agents and subcontractors) of any liability or loss that you, or your family or any other person, may incur from your or their use or non-use of the information provided. If you have any concern, please consult your health care provider.
Our service shall be delivered as described from time to time on our Website. We confirm that access to any specific coach mentioned in our Website, including Amber Kay and Alex Shirley, in person, or on-line is not guaranteed
All information provided by us on the Website or as part of the Program is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website, the Program or the information service provided through it. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted or provided by us.
Coaching Not Therapy
The Fresh Start Program contains an individual and group coaching component. You acknowledge that coaching is in no way to be construed psychological counseling or any type of therapy. Coaching results are not guaranteed. You further acknowledge that you enter into the coaching with the full understanding that you are responsible for creating your own results.
Quality of Service
We do not promise that the Website, the Program or our emails will be error-free or uninterrupted. The Website, the Program, emails and their content are delivered on an “as-is” and “as-available” basis. We can not ensure that files you download from the Website or the emails will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.
Third Party Content
We do not accept 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 products or services including acts, omissions and conduct of any third party users of the Website or the Program, other members, other contributors to the Website or the Program, and advertisers or sponsors. We are not responsible for the products, services, advice, actions or failure to act of any third parties referenced on the Website or the Program. Where the information made available over the Website or through the Program contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website and the Program to the Program Administrator at [email protected] . We may investigate the claim and take appropriate action, in our sole discretion.
LIMITATION OF LIABILITY
Indirect and Consequential Loss
To the extent permitted by law, and subject to these terms, in no event will The Fresh Start Program (or its employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Program, the Website, any linked website, or your reliance on any information obtained through the Program, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits The Fresh Start Program from excluding or modifying the application of, or liability of The Fresh Start Program under any such condition or warranty, that condition or warranty will be deemed included but The Fresh Start Program’s liability will be limited for a breach of that condition or warranty to, at the option of The Fresh Start Program: if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, The Fresh Start Program’s total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you or on your behalf under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify The Fresh Start Program and its employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by The Fresh Start Program or its employees, agents and subcontractors, which arises out of your use of the Program.
Copyright in this Website and the Program (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website or the Program; or
commercialise or exploit any information, products or services obtained from any part of this Website or the Program;
without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this Website and the Program only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website and the Program for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this Website or the Program or post it to another website.