NUTRITION SERVICES TERMS AND CONDITIONS
These Terms and Conditions and Conditions govern the relationship between the Parties.
BETWEEN THE PARTIES
Nutrition Plus Enterprises Pty Ltd (ACN: 135 478 974) t/as Nutrition Plus of Suite 1004, Level 10, 1 Queens Road, Melbourne VIC 3004 (‘Nutrition Plus’)
You are the client, and Your details are set out on the Client Details Form.
Nutrition Plus specialises in nutrition and diet counselling for reproductive conditions, optimising fertility, pregnancy, postpartum care and infant health (the ‘Services’).
You have engaged Nutrition Plus to provide the Services. By continuing to work with Nutrition Plus after receiving these Terms and Conditions, You accept the Terms and Conditions and agree to the below.
These Terms and Conditions are read in conjunction with the Invoice provided to You at the time of providing these Terms and Conditions (the ‘Invoice’).
2. The Engagement
(a) Nutrition Plus agrees to perform the Services for You, for the Fees, as set out in the Invoice.
(b) Nutrition Plus agrees to commence the Services upon acceptance of these Terms and Conditions, and upon payment of the required fees as invoiced to You.
(c) Nutrition Plus will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Services (the ‘Refund’).
3. Fees and Invoicing
- You agree to pay Nutrition Plus the Fees set out in the Invoice.
- The Fees payable to Nutrition Plus to perform the Services may be adjusted from time to time as agreed by the Parties in writing (including email) on account of changes in relation to the nature of the Services to be Performed by Nutrition Plus.
- You agree to make Payment of the Fees upon receipt of Invoices from Nutrition Plus, and by the due date on each Invoice.
- You agree to make Payment of the Fees by credit card. You authorize Nutrition Plus to charge Your credit card to secure future appointments one week in advance of the appointment.
- In the event that any payment under these Terms and Conditions is not made in full on the due date, Nutrition Plus is entitled to charge You interest at the rate of 5% per annum, calculated daily.
- You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by Nutrition Plus for steps taken to enforce payment Terms and Conditions will be recoverable and payable by You.
- You acknowledge and agree that Nutrition Plus is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
- If applicable, unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the Services are provided outside Australia, GST is inapplicable.
- Services Disclaimer
- Nutrition Plus will maintain Accredited Dietitian status.
- You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Nutrition Plus’s relationship with you, its educational materials and interactions with you. As such, you agree that Nutrition Plus is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
- You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
- You agree to release and discharge Nutrition Plus from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Nutrition Plus.
5. Bookings and Cancellation
- Bookings for the Services are made via the booking system provided on the Website of Nutrition Plus (the ‘Booking System’).
- You must notify Nutrition Plus of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following (‘Cancellation Policy’).
- Should You wish to reschedule or cancel a booking, a minimum of 7 days’ notice is required. If You need to reschedule or cancel Your booking within the 7 days, You will be required to forfeit the booking and pay a $50 cancellation fee. If you change your booking to a telehealth appointment within 7 days of your scheduled session you will not be required to pay the $50 cancellation fee.
- Nutrition Plus may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
- Nutrition Plus will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Nutrition Plus makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
- The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Nutrition Plus and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
Nutrition Plus’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
8. Disclosure and Use of Confidential Information
- All obligations of confidence set out in these Terms and Conditions continue in full force and effect after the completion of the Services.
- Nutrition Plus may disclose Confidential Information to its agents, employees or servants, authorised health service providers and for the purposes of practice research and quality assurance and improvement with Your prior consent.
- Subject to 8(b), these Terms and Conditions prohibit the disclosure of Confidential Information by both Parties with exception to the following circumstances:
- the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other Party has consented to the disclosure of such information to the professional adviser;
- the disclosure is required by applicable law or regulation; or
- if the confidential information is already in the public domain at no fault of the other Party.
9. Dispute Resolution
- If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to these Terms and Conditions claiming a dispute (the Dispute) has arisen under these Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘the Notice’).
- On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
- If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria.
- It is agreed that mediation will be held in Victoria, with the venue to be agreed.
- The parties agree to be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
- All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
- In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
10. No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
11. Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, Nutrition Plus agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
13. Entire Agreement and Modifications
Both You and Nutrition Plus confirm and acknowledge that these Terms and Conditions and the Invoice constitute the entire agreement between You and Nutrition Plus and shall supersede and override all previous communications, either oral or written, between the parties.