IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE ENTIRETY OF THIS DISCLAIMER BEFORE USING OUR CONTENT. IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US BY EMAILING HELLO@CHRONICALLYAWESOME.ORG.UK. IF YOU DO NOT AGREE TO ANY PROVISION IN THIS DISCLAIMER, THEN PLEASE DO NOT USE THE CONTENT.
By:
- visiting the Chronically Awesome website or any of our social media pages or blogs;
- using or purchasing any of our services or products, including but not limited to our exercise videos; or
- accessing our content, data, or software available for download or distribution,
(the above items, and any information provided by or through Chronically Awesome on the above items, are collectively referred to as our “Content”);
you are implicitly agreeing to accept all parts of this Disclaimer, our privacy policy, and any other policy developed by Chronically Awesome. We reserve the right to modify this Disclaimer at any time and without notice.
We recommend that you print a copy of these terms for future reference.
In this Disclaimer:
- “we”, “our” or “Chronically Awesome” means Chronically Awesome, formerly but no longer a charitable incorporated organisation; and
- “you” means you, the person using our Content.
We aim to help but use of our Content is generally voluntary and at your own risk (your statutory rights continue to apply)
It is Chronically Awesome’s aim to help people living with chronic illness to become more resilient in mind and body, and not to do any harm. Chronically Awesome and its individual contributors aim to provide reliable information, guidance and discussion to help people living with chronic illness. However, we make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual.
You also understand that when taking action on the basis of our Content (including, but not limited to, any movement, exercise, food, nutrition, mental health or other information) there is the possibility of harm or injury. Chronically Awesome is not a medical organisation and provides information rather than advice. We are not qualified to express an opinion that you are fit to safely participate in activities offered in our Content. You should obtain professional or specialist advice from your doctor or medical professional (as relevant to your circumstances) before participating in any activities offered in or through our Content.
You agree that (i) you are voluntarily using or acting upon our Content and, (ii) save where Chronically Awesome is at fault, your use of or acting upon the Content is at your own risk (including, but not limited to, all risk to yourself of harm, injury or illness and in particular any harm, injury or illness resulting from overexertion or exacerbation of any medical conditions caused by the use of the Content).
We are not responsible in any way, and will not be held liable to you, for (i) any loses that are not foreseeable to both parties when you use or act upon the Content, or (ii) any losses that are not caused by a breach by Chronically Awesome or where Chronically Awesome is otherwise at fault. Each of these shall continue to apply, even if Chronically Awesome is expressly advised of the possibility of such loss, damages or difficulties, to the fullest extent permitted by law.
The Content is only supplied and provided for domestic and private use (i.e. your use of the Content as a consumer). If you use the Content for any commercial, business or re-sale purpose we shall have no liability to you (whether in contract, tort (including for negligence) or otherwise) for any direct, indirect or consequential loss, or special or exemplary damages, or business-related losses (including, but not limited to, loss of revenue or profits, wasted expenditure, business interruptions, loss of business opportunity, loss, corruption or destruction of data, loss of or damage to property, and claims of third parties arising out of or in connection with any such loss) arising out of or in connection with any such loss through the use of, or reliance upon, the Content.
Notwithstanding the above two paragraphs, none of the exclusions and limitations above are intended to limit any rights you may have as a consumer under local law or other statutory rights that may not be excluded. Furthermore, notwithstanding any term of this Disclaimer, none of the exclusions and limitations above are intended in any way to exclude or limit Chronically Awesome’s liability to you (i) for personal injury or death resulting from our negligence (whether under a contractual obligation to take reasonable care or exercise reasonable skill or a common law duty to do so) or that of our employees or agents and (ii) for fraud or fraudulent misrepresentation.
Furthermore you agree, to the fullest extent permitted by law, to release and discharge Chronically Awesome, its trustees, employees, agents and its individual contributors from any and all claims or causes of action, known or unknown, arising out your use of or acting upon the Content, except to the extent that Chronically Awesome, its trustees, employees, agents and its individual contributors may be liable under this Disclaimer.
Seek professional advice
You are strongly encouraged to review and consult with medical professionals about the Content before taking, or refraining from, any action based upon the Content.
At Chronically Awesome we are not medical professionals or dieticians. Our Content is for informational purposes only, and is not to be considered professional advice of any kind. Our Content is not intended to amount to advice upon which you should rely. Our Content is not intended to be a substitute for professional or specialist advice, including, but not limited to, medical advice, diagnosis or treatment.
Never disregard professional medical advice, or delay in seeking it, because of something you have read on or through the Content. Never rely on the Content in place of seeking professional medical advice.
Furthermore, where our Content provides information in respect of general guidance on your rights and responsibilities (for example employment advice), this should not be considered legal advice. If you need further details on your rights or legal advice about what action to take, please contact an appropriate legal adviser. The use of our Content is not intended to be a replacement or substitute for any professional or legal advice.
Inaccuracies or Errors
Our Content may inadvertently contain inaccuracies or typographical errors, and may in some cases no longer be up-to-date. This is partly because the nature of research on chronic illness is constantly evolving. Chronically Awesome makes no representations, warranties or guarantee as to the accuracy, completeness, suitability, reliability, timeliness, quality, truth, or availability for any purpose of our Content and disclaims all such representations, warranties or guarantees. All liability arising from such inaccuracies or errors is expressly excluded, to the fullest extent permitted by law.
Chronically Awesome and contributors/commentators
The Content is the personal view of Chronically Awesome’s individual contributors and does not represent the views of any employers, volunteer groups, membership organisations, church or religious organisations, or other agencies or organisations that they might represent or otherwise be connected with.
Views expressed in the Content by any contributors or guest bloggers are their own and should not be considered the views of Chronically Awesome.
While Chronically Awesome may attempt to moderate commentator output on our Content, we are not responsible and will not be held liable for unmoderated output, should such output breach any laws in any jurisdiction (whether as a result of the comments’ content, implication or intent). If you wish to make a complaint about information or materials uploaded or otherwise provided by other users, please view the complaints procedure and/or contact hello@chronicallyawesome.org.uk.
Third-party content
References or links in our Content to any third-party persons (including, but not limited to, web pages, companies or persons linked or referenced in or through the Content) or third-party content (including, but not limited to, information, opinions, advice, programmes, services, products and social media) do not constitute our endorsement or recommendation to such references or links. The inclusion of any such references or links should not be interpreted as approval by Chronically Awesome of the references or links. We are not responsible for, and have no control over, any “off-site” (anything outside of our Content) materials or content.
Access to our Content
Chronically Awesome accepts no liability for loss of access to our Content, including the interruption, suspension or termination of the Content (for example, due to routine or emergency maintenance on the system).
Libel, slander and defamation
In the first instance, please contact us to review our Content if you reasonably believe it could be considered libelous, slanderous, or defamatory.
You agree not to bring a course of action against (i) Chronically Awesome or its contributors, without prior consultation with us and where relevant any contributors, or (ii) its trustees, employees, agents at any time, to the fullest extent permitted by law, for libel, slander or defamation for anything in our Content.
Headings
Please note headings are inserted for convenience only and shall not affect the construction of the disclaimer.
Governing Law and Jurisdiction
The validity, construction and performance of this Disclaimer (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction over any claim, dispute or matter arising under or in connection with this Disclaimer or its enforceability or the legal relationships established by this Agreement (including non-contractual disputes or claims).
