Terms of Service

TERMS AND CONDITIONS

The ARFID Clinic

Effective Date: May 14, 2025

1. Introduction and Acceptance of Terms

Welcome to The ARFID Clinic. These Terms and Conditions ("Terms") govern your access to and use of our coaching, consulting, and educational services (collectively, "Services"), including any content, communications, and programs offered by The ARFID Clinic ("Company," "we," "us," or "our").

By accessing or using our Services, you ("Client" or "you") agree to be bound by these Terms. If you are accessing Services on behalf of a minor child, you represent that you are the parent or legal guardian of that child and accept these Terms on their behalf. If you do not agree to these Terms, please do not use our Services.

2. Description of Services

The ARFID Clinic provides nutrition education, coaching, and consulting services to families of children diagnosed with or suspected of having Avoidant Restrictive Food Intake Disorder (ARFID), with a focus on complex presentations associated with Autism Spectrum Disorder (ASD). Our Services are delivered primarily to clients located in the United States of America and may include:

• Individual and group coaching sessions (conducted via telehealth/video conferencing)

• Educational webinars, workshops, and online courses

• Written educational materials, guides, and resources

• Consulting services for families and allied health professionals

• Email, SMS, and written communications related to appointments and program delivery

Our Services are educational and coaching in nature. Nothing provided by The ARFID Clinic constitutes medical advice, diagnosis, or treatment. All clinical decisions should be made in consultation with your child's treating medical team.

3. Client Eligibility

Our Services are intended for parents, guardians, and caregivers of children with ARFID and/or Autism Spectrum Disorder, as well as allied health professionals seeking education in this specialty area. By engaging with our Services, you represent that:

• You are at least 18 years of age;

• You have the legal authority to enter into these Terms on your own behalf and, where applicable, on behalf of any minor child;

• All information you provide to us is accurate and complete; and

• Your use of the Services complies with all applicable laws and regulations in your jurisdiction.

4. Fees, Payment, and Refunds

4.1 Fees

Fees for our Services are set out in our service agreements, program enrolment pages, or invoices provided to you at the time of purchase. All fees are stated in United States Dollars (USD) unless otherwise specified.

4.2 Payment

Payment is due in accordance with the terms specified at the time of purchase or as set out in your service agreement. We accept payment via the methods outlined on our website or in your service agreement. By providing payment information, you authorise us to charge the applicable fees.

4.3 Refund Policy

Refunds are available as follows:

• Cancellations made more than 72 hours prior to a scheduled session or program commencement are eligible for a full refund.

• Cancellations made within 72 hours of a scheduled session may be subject to a cancellation fee as specified in your service agreement.

• Digital educational materials and recordings are non-refundable once accessed.

• Refund requests must be submitted in writing to [email protected].

We reserve the right to amend our refund policy from time to time. Any such changes will apply prospectively to new purchases.

5. SMS Communications

The ARFID Clinic uses SMS (text message) communications as a tool to remind clients of appointment times, upcoming meetings, and program-related information. By providing your mobile telephone number and engaging with our Services, you consent to receive SMS messages from us for these purposes.

Message and data rates may apply depending on your mobile carrier and plan. Message frequency varies based on your appointment and program schedule. You may opt out of SMS communications at any time by replying STOP to any SMS message from us. For assistance, reply HELP or contact us at [email protected].

We will not use SMS communications for marketing or promotional purposes without your express consent. Your mobile number will not be shared with third parties for their marketing purposes.

6. Intellectual Property

All content, materials, resources, programs, recordings, and other intellectual property made available through our Services ("Company Content") are the exclusive property of The ARFID Clinic or its licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use Company Content solely for your personal, non-commercial educational purposes in connection with your use of our Services.

You agree not to:

• Copy, reproduce, distribute, or publicly display Company Content without our prior written consent;

• Modify, adapt, translate, or create derivative works based on Company Content;

• Use Company Content for any commercial purpose; or

• Remove or obscure any copyright, trademark, or other proprietary notices.

7. Confidentiality

We treat all information shared by clients during the provision of our Services with the utmost confidentiality. Any case studies, examples, or client scenarios used for educational purposes are anonymised. Please refer to our Privacy Policy for full details on how we collect, use, and protect your personal information.

You agree to maintain the confidentiality of any proprietary methods, frameworks, or materials disclosed to you as part of our Services and not to share these with third parties without our express written consent.

8. Disclaimers

8.1 Not Medical Advice

THE ARFID CLINIC PROVIDES NUTRITION EDUCATION AND COACHING SERVICES ONLY. OUR SERVICES DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE ARE NOT RESPONSIBLE FOR ANY HEALTH OR MEDICAL DECISIONS MADE BY YOU OR YOUR CHILD'S MEDICAL TEAM IN CONNECTION WITH INFORMATION PROVIDED THROUGH OUR SERVICES. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE SPECIFIC TO YOUR CHILD'S CONDITION.

8.2 No Guarantees of Outcomes

Individual outcomes from our coaching and educational Services vary. We do not guarantee specific results for your child's feeding, nutrition, or behaviour outcomes. Progress depends on many factors outside our control, including the severity of your child's condition, consistency of implementation, and your child's treating team.

8.3 Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARFID CLINIC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total cumulative liability to you for any claims arising under or related to these Terms or your use of our Services shall not exceed the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia. However, given that our Services are delivered primarily to clients in the United States, we acknowledge that certain US consumer protection laws may also apply to our Services. Nothing in these Terms is intended to exclude rights that cannot be lawfully excluded under applicable US federal or state consumer protection laws.

Any disputes arising under these Terms shall be resolved by good faith negotiation in the first instance. If resolution cannot be reached, disputes shall be submitted to binding mediation or arbitration as mutually agreed.

11. Termination of Services

Either party may terminate a service agreement with written notice as specified in the applicable service agreement. We reserve the right to immediately suspend or terminate your access to our Services if you breach any provision of these Terms, engage in conduct harmful to our staff or other clients, or fail to make payment when due.

Upon termination, your licence to use Company Content ceases immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, confidentiality, disclaimer, and limitation of liability provisions) shall survive.

12. Amendments to These Terms

We reserve the right to amend these Terms at any time. Amended Terms will be posted on our website and, where material changes are made, we will notify you by email. Your continued use of our Services following notification of amended Terms constitutes your acceptance of the changes. If you do not accept the amended Terms, you should discontinue use of our Services and notify us in writing.

13. Miscellaneous

Entire Agreement: These Terms, together with any applicable service agreement and our Privacy Policy, constitute the entire agreement between you and The ARFID Clinic with respect to the subject matter hereof.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

14. Contact Information

For questions about these Terms and Conditions, please contact us at:

The ARFID Clinic

Suite 1345, 91 Noosa Drive, Noosa Heads QLD 4567, Australia

Email: [email protected]