1. Welcome
1.1 Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Fogo Dynamics Pty Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website and service. Please refer to ‘Privacy Policy’ for our policies about privacy.
2. Your understanding
2.1 You fully understand the Information that you obtain or receive from www.fogo365.com, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organisations.
2.2 The information provided on our site and in any other communications form or provided through is not for a substitute for, nor does it replace, professional medical advice, diagnosis,treatment or emergency services.
2.3 You use of information provided on our site is solely at your own risk. We do not recommend or endorse any specific tests, doctors and other health care providers or any other information that may appear on the site. If you rely on any of the information provided by the site, you do solely at your own risk.
2.4 You fully understand the ownership of all the contents, design, and structure belong to Fogo Dynamics Pty Ltd. Under no circumstances the contents, design and structure can be copied and republished without our written permission.
3. Who we are
3.1 The term ‘Fogo Dynamics Pty Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 208/110 Church Street, Parramatta , 2150, NSW, Australia. Our company registration number is [94 616 942 806 ]. The term ‘you’ refers to the user or viewer of our website.
4. Terms of Use
The use of this website is subject to the following terms of use:
4.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
4.2 This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: IP address, Location, Name, Contents entered.
4.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Subject to any responsibilities implied by law and which cannot be excluded,www.fogo365.com, and its directors, employees, agents and contractors, are not liable to you or your clients for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the services provided through the www.fogo365.com, any Material on this Website, any third party material, or from access to the www.fogo365.com by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
4.4 The liability of www.fogo365.com for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at www.fogo365.com’s option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
4.5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
4.6 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
4.7 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4.8 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
4.9 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
4.10 www.fogo365.com does not accept any liability for a confirmed appointment that is not available at arrival time due to any reasons on the part of you or your staff.
5. Availability of the www.fogo365.com to use.
5.1 Due to all electronic services being vulnerable to interruptions or breakdowns, www.fogo365.com offers our users on an ‘as is’ and ‘as available’ basis only.
5.2 If the services of www.fogo365.com are not available due to interruptions or breakdowns you are responsible for ensuring that the alternative necessary plans are ready to enable you to conduct your daily operations and transactions.
5.3 www.fogo365.com may withdraw our service at any time and without notifying you. Or www.fogo365.com may put limits or restrictions on the use of websites.
6. Payments
6.1 Payments for use of www.fogo365.com must be made in full by clear funds.
6.2 All payments are to be made by credit card issues in your name. You must therefore provide www.fogo365.com with all required credit card details. Fogoflinic.com may securely store your credit card number for security and verification purposes, or as your profile details.
6.3 Unless indicated differently, all payments are to to be paid automatically with your nominated credit cards. Additional charges may be applied for any accounts not processed. Accounts may be restricted to access www.fogo365.com products and services for an extended period if the payment is overdue.
7. Indemnity
7.1 You indemnity and warrant www.fogo365.com harmless if any liability for for any loss, damage, cost or expense, howsoever caused, suffered or incurred by www.fogo365.com as a result of your misuse or breach of this Terms of Use, or your use of the www.fogo365.com or any material on this website.
8. Termination
8.1 These Terms of Use and your access to the www.fogo365.com may be terminated at any time by www.fogo365.com without notice to you. All restrictions, indemnities and licences granted by you, and all disclaimers and limitations of liability by www.fogo365.com, will survive termination. However, upon termination, you will no longer be authorised to access.
9. Telehealth
9.1 www.fogo365.com assists you to make telehealth appointments. However, www.fogo365.com does not provide Telehealth video calls or any format of telehealth services. It is your responsibility as a health provider to check your governing bodies in regards to Telehealth legislation or regulations.
10. GDPR specific Terms of Use
10.1 To the extent that www.fogo365.com acts as a ‘processor’, in relation to your Data originating from the EEA, the following terms apply and form part of your agreement with us. Please refer https://gdpr.eu/ for further details.
11. Your instructions to Us
11.1 www.fogo365.com only processes your instructions about personal data with our performance of services under the agreement, or instructed by you or required by applicable laws and authorities. We will inform you if your instructions may be illegal or contradict the GDPR in our view.
12. Copy and Removal of Personal Data from our website
12.1 Your termination or expiration of your account, www.fogo365.com will make all data available for you for three(3) months. You may retrieve your data within this period in a commonly used format set out by www.fogo365.com. After this period, www.fogo365.com may this data destroy or remain inaccessible, at our discretion except as required by law. All the related costs are at your cost.
12.2 Under the local governing laws, you must keep a copy of the following data but not limited to for a certain period: your clinic notes; relative identity; relative communications; invoices; payments. The request of ‘To be forgotten’ must be made in writing with signature together with email confirmation with the basic information name, date of birth, address, contact number and email address. Warning, www.fogo365.com will never be able to recover your data once it is removed from our server.
12.3 As a client associated with practices/clinics, please contact your health providers for further assistance. Relative medical records may only remain offline rather than deletion under the governing law.
13. Age Eligibility
13.1 You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services.
13.2 If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use.
13.3 If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorised party of such individual. If you do not qualify under these terms, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in Australia and intended for Australian users; any use outside of Australia is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
14. Changes to These Terms of Use
14.1 We may review and change these Terms of Use at any time.
14.2 Upon any change in these Terms of Use, we will post the amended agreement on the Site; we may also attempt to notify you in some other way.
14.3 Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then please do not use the Site.