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TERMS & CONDITIONS FOR COMFYBUMPPHYSIO WEBSITE

Welcome to the ComfyBumpPhysio website (referred to as "Website," "we," "us," or "our"), encompassing our website, mobile site, and social media platforms. By accessing and using our Website, you ("you" or "your") agree to comply with and be bound by these Terms of Use, including our Privacy Policy and Disclaimer, which are integral parts of this agreement.

Our Terms of Sale, which govern purchases of our products and services, are also incorporated into these Terms of Use. We may offer additional products and services for sale on our Website, and if so, supplemental terms and conditions may apply and will be posted accordingly.

These Terms of Use constitute a legally binding agreement between you and ComfyBumpPhysio. If you disagree with any part of these Terms of Use, please refrain from using our Website and exit immediately.

  1. Eligibility

Use of this Website is restricted to individuals who are 18 years of age or older. By accessing or registering for our Website, you confirm that you meet this age requirement.

  1. User Registration

When registering for our Website, you represent and warrant that:

  • You are at least 18 years of age.
  • You have provided accurate and current information, including your name and email address, and have not impersonated another person.
  • You are responsible for maintaining the confidentiality of your username and password and will not share them with any third party.
  • You will not disrupt or interfere with the proper functioning of our Website.

We reserve the right, at our sole discretion, to terminate your account at any time if you violate these Terms of Use. To delete your account, please contact us at [email protected].

  1. Amendments to these Terms

We may, from time to time, revise these Terms of Use without prior notice. The "Last Updated" date will reflect the latest changes. Your continued use of the Website signifies your acceptance of any revisions. Please review these Terms periodically for updates.

  1. Website Availability

We make no representations or warranties regarding uninterrupted access to our Website. Technical issues, maintenance, or other factors may cause temporary downtime. We are not liable for any losses or damages arising from your inability to access or use the Website.

  1. Ownership of Content

We encourage your engagement with our Website; however, all materials and content, irrespective of format, including design, software, databases, features, trademarks, logos, photos, graphics, text, videos, source code, and other media (collectively, the "Content"), are the exclusive property of ComfyBumpPhysio and are protected by applicable copyright and trademark laws. This includes Content accessed on our Website, through our Website, or provided by us, such as downloads, newsletters, and digital products or services. The Content is provided for informational purposes only (see our Disclaimer) and for your personal, non-commercial use.

Upon using our Website, we grant you a limited, revocable, non-transferable license to access the Website and utilize any downloadable materials explicitly designated for your personal use.

You are prohibited from reproducing, duplicating, sublicensing, decompiling, modifying, uploading, posting, transmitting, transferring, distributing, selling, licensing, publicly displaying, republishing, creating derivative works, or otherwise altering the Website or its Content, in whole or in part, without our express prior written consent. Requests for permission should be directed to [email protected].

You may download and print designated Content for your personal, non-commercial use only. All rights not specifically granted herein are fully reserved by ComfyBumpPhysio.

  1. Acceptable Use

You agree not to display, upload, post, distribute, or transmit any Content that:

  • Is unlawful or infringes upon the rights of others.
  • Promotes or directly references illegal activities.
  • Is defamatory, discriminatory, offensive, disparaging, profane, harassing, pornographic, or threatening.
  • Constitutes advertising or promotion of goods or services without our prior express written authorization.

Furthermore, you agree not to:

  • Use the Website in any manner inconsistent with its intended purpose or in violation of applicable laws and regulations.
  • Upload, distribute, or transmit malicious software, viruses, or engage in data mining.
  • Use the Website in a manner that could impair or overburden its functionality.
  • Use any automated or manual process, software, or device to copy the Website's content.
  • Engage in unauthorized linking to or framing of the Website.
  • Otherwise interfere with the operation of the Website.
  1. User-Generated Content

You may be permitted to post comments, content, suggestions, or questions (collectively, "User-Generated Content") on certain areas of our Website and social media platforms. You acknowledge that your User-Generated Content is non-confidential, may be accessible to other Website users and third-party websites, and becomes our sole property upon submission.

By posting User-Generated Content, you grant us an unrestricted, irrevocable, exclusive, royalty-free, transferable license to use, reproduce, copy, publish, host, transmit, and distribute your User-Generated Content for any lawful purpose, without notice, attribution, or compensation. You waive any moral rights you may have in your User-Generated Content while retaining any intellectual property rights you possess. You are solely responsible for your User-Generated Content, and we are not liable for it. We retain the right to remove any User-Generated Content that violates these Terms of Use.

In addition to the conditions outlined in the "Acceptable Use" section, you represent and warrant that:

  • You own or possess the necessary permissions or licenses for any User-Generated Content you submit.
  • You are solely liable for any misappropriation or infringement of rights in your User-Generated Content.
  • The reproduction, download, transmission, or distribution of your User-Generated Content does not infringe any third-party intellectual property rights.
  • Your User-Generated Content does not violate the privacy rights of any third party.
  • Your User-Generated Content does not link to any material that violates these Terms of Use.
  • Your User-Generated Content does not otherwise violate these Terms of Use or any applicable laws or regulations.

We may remove any User-Generated Content that violates these Terms of Use or any applicable laws or regulations, without notice.

  1. Product and Service Availability and Pricing

Products:

All product sales are subject to availability. We do not guarantee that any specific product will be in stock at any given time. Product images displayed on the Website may not accurately represent the product's details. We do not warrant the accuracy, completeness, or adequacy of product descriptions. We reserve the right to discontinue any product, modify product pricing, and limit purchase quantities per user, at our sole discretion and without notice. We may refuse any order and correct pricing errors, including after payment has been received.

Services:

All service offerings are subject to availability. While we strive to maintain current information on our Website, we do not guarantee that any particular service will be available when you need it. We do not warrant the accuracy, completeness, or adequacy of service descriptions. We reserve the right to modify service pricing or correct pricing errors without prior notice, including after payment has been initiated or received. We may refuse or cancel any service order at our discretion.

  1. Payment Terms

We utilize Kajabi Payments, PayPal, Stripe, and Teachable as payment processors. All financial transactions are subject to the terms and conditions of these third-party platforms, which are available on their respective websites. By initiating a purchase, you represent and warrant that you are authorized to use the chosen payment method, have provided accurate and current information necessary for the transaction, and authorize us to charge the total amount due, including any applicable shipping fees. You release us and our third-party payment processors from any claims or damages arising from your purchase.

We and our third-party payment processors may collect and process your personal information (see our Privacy Policy) to complete your purchase.

Service subscriptions will be billed upon purchase and subsequently on the corresponding date each month for nine (9) months, after which the service will automatically terminate. Payment is due within 24 hours of invoice issuance. You may cancel your subscription by emailing us at [email protected].

We reserve the right to terminate your service for non-payment. If your service is terminated due to non-payment, you will retain access until the end of the current billing cycle.

  1. Refunds

Digital Products: Due to the inherent nature of digital products and the immediate access granted upon purchase, all sales of downloadable online courses are generally final. However, we understand that exceptional circumstances may arise.

Satisfaction Guarantee (Full-Priced Courses Only): For courses purchased at the full advertised price, we offer a 30-day satisfaction guarantee. If, within 30 days of your purchase date, you are not satisfied with the course content, you may request a full refund, subject to the following conditions:

  • Limited Access: To be eligible for a refund, you must have accessed no more than five (5) video lessons or 20% of the course content, whichever is less. This limitation is in place to prevent abuse of the refund policy.
  • Reasonable Grounds: Your refund request must be accompanied by a clear and specific explanation of why you are dissatisfied with the course. We reserve the right to assess the reasonableness of your grounds for a refund.

Promotional Offers and Discounted Courses: Please note that courses purchased at a discounted price through promotional offers or sales are not eligible for refunds. This policy is clearly stated at the point of sale.

Refund Process: To request a refund, please email us at [email address] with your purchase details and a detailed explanation of your dissatisfaction. We will review your request and respond within [number] business days. Approved refunds will be processed to your original payment method.

Australian Consumer Law: This refund policy does not exclude or limit your rights under the Australian Consumer Law, including any guarantees that cannot be excluded.

  1. Reviews and Ratings

You may post reviews of our products or services on the Website. By submitting a review, you grant us a non-exclusive, royalty-free, assignable license to display, distribute, transmit, modify, or otherwise use the content of your review. We reserve the right to remove or decline to publish reviews at our discretion. Reviews do not constitute endorsements by us or our affiliates or advertisers.

In addition to the "Acceptable Use" guidelines, your reviews must:

  • Be based on your genuine personal experience with the product or service.
  • Be truthful and not misleading.
  1. Linking to Our Website

You may link to our Website if you comply with the following conditions:

  • You provide clear attribution, identifying us as the owner and linking directly to our Website.
  • Your website does not engage in or promote any unlawful or prohibited activities as defined in these Terms of Use.
  • You agree not to frame our Website or modify its appearance in any way.
  • You must own all intellectual property rights to the website from which you are linking.
  • Linking to our Website does not grant you any license or proprietary rights in our Website.
  • Your link and any accompanying text must not suggest that we endorse your website or any products or services offered by your website or any third parties.
  • You must not misrepresent your relationship with us or suggest any affiliation without our prior written consent.
  • You agree to remove any links to our Website immediately upon our request.
  1. Third-Party Links

Our Website may contain links to third-party websites. Clicking on these links will take you away from our Website, and these Terms of Use will no longer apply. We are not responsible for the content, practices, or conduct of any third-party websites. We are not liable for any damages arising from your use of third-party websites linked from our Website.

  1. No Joint Venture

Your use of our Website does not create any joint venture, partnership, or agency relationship between you and ComfyBumpPhysio.

  1. Disclaimer of Warranties

Your use of this Website and any information provided is at your own discretion and risk. All information, products, and services provided on or through this Website are provided "as is" without any representations or warranties of any kind, either express or implied, to the fullest extent permitted by 1 law. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular 2 purpose, and non-infringement. 3  

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, PRODUCTS, OR SERVICES. BY USING OUR WEBSITE, PRODUCTS, OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY OUTCOMES RESULTING FROM SUCH USE. YOU AGREE TO RELEASE US FROM ANY AND ALL CLAIMS RELATED TO YOUR USE OF OUR WEBSITE, PRODUCTS, OR SERVICES.

  1. Indemnification

You agree to defend, indemnify, and hold harmless ComfyBumpPhysio, its Website, employees, successors, joint venture partners, and any other parties associated with us, from and against any and all claims, demands, losses, damages, actions, costs, expenses, and judgments, arising out of or related to your User-Generated Content, your use of the Website, any breach of these Terms of Use, or any violation of your obligations or representations under these Terms of Use.

We will provide reasonable notice of any claim subject to indemnification under this provision.

  1. Copyright Infringement

If you believe that any content on our Website infringes upon your copyright, please notify us at [email protected] with relevant details.

  1. Term and Termination

These Terms of Use are effective for as long as you use our Website. If you have a registered account, you may terminate it by contacting us at [email protected]. We reserve the right, in our sole discretion and without prejudice to any other remedies available to us, to deny access to the Website to any individual who violates these Terms of Use or any applicable laws or regulations, at any time and for any reason.

  1. International Use

ComfyBumpPhysio is owned and operated in Western Australia, Australia, and this Website and these Terms of Use are governed by the laws of that jurisdiction. We make no representations that the Website, products, or services are appropriate or available for use outside of Australia. If you access this Website from a location outside of Australia, you are responsible for complying with the laws of your jurisdiction regarding website access.

  1. Dispute Resolution

By using our Website, you agree to waive any right to litigate claims related to your use of our Website, products, or services. Any disputes arising under or in connection with these Terms of Use shall be resolved through binding arbitration in Western Australia, Australia, in accordance with the rules of the relevant arbitration institution.

If, for any reason, a dispute cannot be resolved through arbitration, the parties irrevocably consent to the exclusive jurisdiction of the courts of Western Australia, Australia for the adjudication of such dispute.

  1. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced 1 to the fullest extent permitted 2 by law. The invalidity or unenforceability of one provision shall not affect the validity or enforceability of any other provision. 3  

  1. Entire Agreement

These Terms of Use, in conjunction with our Disclaimer and Privacy Policy, constitute the complete and exclusive agreement between you and ComfyBumpPhysio concerning your use of the Website and supersede any prior agreements or understandings, whether written or oral.

  1. Contact Information

Should you have any inquiries regarding these Terms of Use, please contact us at: [email protected].

ComfyBumpPhysio

PO Box 900

Scarborough WA 6922 Australia

www.ComfyBumpPhysio.com.au

 

EFFECTIVE AS OF 8/01/2025

 

TERMS AND CONDITIONS FOR COURSES, WEBINARS

Terms of Use for ComfyBumpPhysio Programs

  1. Program Overview

ComfyBumpPhysio online courses and webinars (the "Program") are provided by ComfyBumpPhysio (the "Company"). The Program includes the services, products, materials, content, courses, coaching, meetings, communications, and any other items specifically provided to you as a result of your purchase, as detailed in Section 4, "Program and Program Delivery." By purchasing and participating in the Program, you (the "Purchaser" and "Participant") agree to these Terms of Use, which form a legally binding agreement between you and the Company.

  1. Eligibility and Access

You represent and warrant that you are 18 years of age or older. Access credentials, such as usernames and passwords, provided to you are unique to your account. Sharing your login information will result in immediate termination from the Program, as described in Section 18, "Termination."

  1. Program Term

The Program commences on the live webinar dates (Sundays at 12 pm EST, Tuesdays or Thursdays at 7:30 pm EST) and concludes seven (7) days after the live webinar (the "Term").

  1. Program Content and Delivery

The Program consists of online information modules delivered through linked videos. Video recordings will be accessible for a period of three (3) years.

The Company will also provide you with digital materials for your personal use ("Program Materials"). These materials will be delivered either via email or through the Website.

  1. Participant Responsibilities

You understand and agree that your success in the Program depends on your commitment and consistent effort.

You acknowledge that you are solely responsible for implementing any techniques or changes recommended by the Company.

You agree to conduct yourself respectfully towards the Company and other Program Participants. You agree not to make any harassing, derogatory, or demeaning comments about the Company or other Program Participants in any Program forums, including the Company's webpage and all Company social media platforms.

You acknowledge and understand that Program Participants may share personal, sensitive, and confidential information in various Program forums, including, but not limited to, webinars and the ComfyBumpPhysio Private Facebook group (facebook.com/groups/ComfyBumpPhysio). You agree to treat all disclosed information with respect and confidentiality and agree not to share this information with anyone outside the Program, at any time, for any reason.

  1. Fees

The fee schedule for courses offered by the Company is available on the Website.

  1. Payment Terms

You may pay for the Program via PayPal or credit card through the Company's Website, or through a third-party payment processor. Payments are processed by third-party payment processors subject to their respective Terms of Use. Your personal information will be handled in accordance with our Privacy Policy.

Payment in Full

Full payment is required prior to the commencement of the Program. Program enrolment and access to Program Materials will not be granted until the Company has received full payment.

  1. Failure to Pay

Access to the Program and Program Materials will be withheld until the outstanding balance is paid in full.

  1. Refunds

All courses are provided "as is." No refunds will be issued for any reason. Course recordings will be accessible for three (3) years.

  1. Chargebacks

You agree not to initiate any chargebacks through your payment provider. All payments are final and non-refundable, except as expressly provided in these Terms of Use. You are responsible for any fees associated with recovering payment and any related collection costs.

  1. Relationship of Parties

Your participation in the Program does not establish a partnership, joint venture, agency, or employment relationship with the Company.

  1. Intellectual Property Rights

All Program Materials and Content provided to you by the Company are for your personal, informational, and non-commercial use only. The Company retains ownership of all Content, which is protected by applicable copyright and trademark laws. "Content" includes, but is not limited to:

  • All Company website and social media content, encompassing design, trademarks, photographs, client-only features, graphics, text, videos, and all other media and source code.
  • All digital downloads and other materials, whether in digital or physical format, created by the Company, including text, photographs, graphics, and video.
  • Any other Company-created information made available to you before or during the Program.

The Company grants you a limited, revocable, non-transferable license to access, and to print or download Content where explicitly permitted by the Company, for your personal, non-commercial use only.

You are expressly prohibited from reproducing, duplicating, sublicensing, sharing, decompiling, modifying, uploading, posting, transmitting, transferring, distributing, selling, licensing, publicly displaying, republishing, creating derivative works, or otherwise altering any Content without the Company's prior written consent.

  1. Website and Program Availability

The Company does not warrant uninterrupted access to its Website or the Program Materials available on or through the Website. Technical issues or maintenance may result in temporary downtime. The Company is not liable for any damages arising from your inability to access the Website.

  1. Disclaimers

The Program does not provide business, financial, legal, medical, health, or other professional advice. Your participation in the Program is not a substitute for consultation with or treatment by a qualified professional. All information provided through the Program, Program Materials, and Content is for informational purposes only and should be used at your own discretion and risk.

Medical Disclaimer

Information provided by the Company in the Program, whether through Program Materials, Content, or at any other time, does not constitute medical advice. It is not intended to diagnose, treat, or prevent any disease. This information is not a substitute for medical advice, and the Company encourages you to consult with a qualified medical professional before implementing any information provided. Any supplements, treatment plans, services, nutrition suggestions, lifestyle changes, or other information recommended by the Company should not be considered medical advice and are not a substitute for consultation with a qualified medical professional.

The Company makes no representations regarding any physical, emotional, or mental health benefits that may be derived from your participation in the Program. We are not responsible or liable for any health decisions you make, directly or indirectly, related to the information provided in the Program, nor are we responsible for any damages resulting from the use or misuse of information provided in the Program. You are solely responsible for any decisions you make based on information provided in our Program.

You acknowledge that each individual is unique, and the Company cannot and does not guarantee that any recommended product, service, or other recommendation provided to you during the Term will be effective for you. You understand and agree that any testimonials, examples, or other results presented by the Company on its webpage, marketing materials, social media platforms, or any other forum represent the experience of a single Program Participant, and the Company does not represent or guarantee that you will achieve the same or similar results.

Other Professional Disclaimer

The Program, Program Materials, and Content do not constitute business, financial, or legal advice and should not be relied upon as such. This information is for informational purposes only and is not a substitute for consultation with a qualified professional. Consult with a qualified professional for any specific questions you may have. By purchasing the Program and/or using the Program Materials and Content, you acknowledge and agree that you are solely responsible for your results.

The Company makes no representations or guarantees regarding any potential income, business growth, sales, additional clients, or other earnings or growth benefits that may be derived, directly or indirectly, from your participation in the Program. The Company is not liable for the results of any decisions you make as a result of your participation in the Program or from the Program Materials and/or Content.

You acknowledge that each individual is unique, and the Company cannot and does not guarantee that any recommended product, service, or other recommendation provided to you during the Term will be effective for you. You understand and agree that any testimonials, examples, or other results presented by the Company on its webpage, marketing materials, social media platforms, the Program, Program Materials, Content, or any other forum represent the experience of a single participant, and the Company does not represent or guarantee that you will achieve the same or similar results.

  1. Disclaimer of Warranties

Except as otherwise expressly provided herein, the Program and Content provided by the Company are provided "as is" without any representations or warranties of any kind, express or implied. You acknowledge that individual results may vary, and the Company makes no guarantees or warranties regarding any results you may or may not experience from participation in the Program and/or the use of Program Materials and Content. The Company disclaims all warranties to the fullest extent permitted by law.

  1. No Transfer or Assignment

You may not transfer your participation in the Program without the prior written consent of the Company. If you are purchasing the Program for another individual, you must contact the Company at [email protected], as the intended participant must agree to these Terms of Use before commencing the Program and/or receiving any Program Materials.

  1. Amendments

The Company reserves the right to modify these Terms of Use at any time. You will be notified in writing of any modifications as soon as reasonably practicable.

  1. Termination

The Company is committed to providing a positive experience in the Program. However, the Company may, at its sole discretion, terminate your participation in the Program and access to any or all Program Materials, without refund, if you:

  • Fail to remit payment due, even after the Company provides notice of late fees.
  • Engage in derogatory, defamatory, abusive, or uncooperative behaviour, or fail to adhere to Program guidelines.
  • Disclose confidential information shared by Program Participants in any Program forum to individuals outside the Program.
  • Share your Program login credentials with any other person to access the Program and/or Program Materials.
  • Engage in any other conduct that violates these Terms of Use, as determined by the Company at its sole discretion.

If the Company terminates your participation in the Program for any of the foregoing reasons, you remain liable for the outstanding balance of the Program fees, as outlined in Section 9.

  1. Limitation of Liability

To the maximum extent permitted by law, the Company is not liable for any losses or damages arising out of or related to your purchase or participation in the Program, or your use of the Program Materials and/or Content. You are solely responsible for any outcomes resulting from your participation and use of these resources. You assume all risks associated therewith. The Company is not liable for any direct, indirect, consequential, punitive, or other damages arising from your purchase or participation in the Program and your use of the Program Materials and/or Content, even if the Company has been advised of the possibility of such damages.

You agree to this limitation of liability and release the Company from any and all claims.

  1. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates (including employees, agents, contractors, subsidiaries, partners, affiliates, successors, and assigns) from any and all actions, claims, damages, fees, and expenses, including reasonable attorneys' fees, arising out of or related to your purchase of the Program, delivery of the Program, your participation in the Program, your use of the Program Materials, your use of the Content, or your use of any other information provided in any form by the Company or its affiliates during the Term. You shall defend the Company and its affiliates in any legal proceedings related to these Terms of Use. Neither the Company nor its affiliates are personally liable for any representations or actions of the Company or its affiliates.

In consideration of your participation in the Program, you agree to waive, release, defend, indemnify, and hold harmless the Company and its affiliates from any actions, causes of action, claims, demands, costs, fees, expenses, or damages, whether in law or equity, arising from your purchase and participation in the Program and the delivery of the Program.

  1. Governing Law and Dispute Resolution

Any disputes between you and the Company that cannot be resolved amicably shall be resolved through binding arbitration in North Carolina, United States of America. If any dispute is not resolved through arbitration, the parties irrevocably consent to the exclusive jurisdiction of the courts of North Carolina, United States of America.

  1. Force Majeure

The Company shall not be liable for any failure or delay in the delivery of the Program if such failure or delay is caused by events beyond the Company's reasonable control that materially affect the Company's ability to deliver the Program, and which could not have been reasonably foreseen. Such force majeure events may include, but are not limited to, fire, flood, pandemic, hurricane, acts of God, and governmental actions prohibiting or impeding the Company's ability to deliver any aspect of the Program.

  1. Severability

If any provision of these Terms of Use is deemed invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

  1. Entire Agreement

These Terms of Use, along with any policies provided to you as part of your participation in the Program, constitute the entire agreement between you and the Company with respect to the Program and supersede any prior communications or agreements, whether written or oral.

Updated 8/01/2025

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