Nutrition Plus


These Terms and Conditions and Conditions govern the relationship between the Parties.

  1. 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

  1. 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

  1. Warranty
    • 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.

7.     Liability

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

9.     Dispute Resolution

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.

12.  Severance

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.