BOOKING TERMS AND CONDITIONS FOR NUTRITION CONSULTING
We are Transform with Trace Pty Ltd [ ABN 35 680 710 105 ], and we are excited to be providing you with nutrition consulting services. We have these terms and conditions to set out what you need to do when you come to receive nutrition consulting services from us. By making a booking, or filling out our Intake Form, you are agreeing to these terms and conditions and any other policies we publish or link to on our website, www.transformwithtrace.com; together these form an "Agreement" with us, Transform with Trace Pty Ltd. Unfortunately, if you don’t agree, you cannot use our Services.
YOUR OBLIGATIONS AND AGREEMENTS
Firstly, please provide all information required by us in order to perform the Services, including all information in the Intake Form. We also require you to complete a risk stratification screening and personal information such as dietary habits, goals, motives, and lifestyle factors.
You promise that:
all information you provide is true, correct, current and up-to date;
you will respond promptly to any of our requests for further information;
you will notify us immediately if any of the Information changes; and
you will be on time for all appointments.
It’s also important to meet at the scheduled time, and participate in the session with accountability, honesty integrity and respect for the process. You are expected to:
· have sufficient technology set up for any online appointments, including access to equipment with audio-visual capabilities for our sessions and a good internet connection;
notify us of any delays;
if you are not on time for an appointment, we will have to reduce your appointment time, and the full appointment fee will still apply;
attend to the recommendations we provide in the consultation;
You also acknowledge and agree that:
the response to any nutrition consultation or personalised meal plan varies from person to person and cannot always be predicted;
since consulting is so dependent on your actions and implementation, we cannot guarantee any results; and
we cannot guarantee that any plan will be successful,
you are solely responsible for your own physical, mental, and emotional wellbeing, and any decisions and actions you make during the Services; and
you will seek our consent before publishing any information about us on socials or otherwise.
FEES
You agree that you will pay us our fees for the Services in advance for telehealth sessions and immediately at the conclusion of the consultation session for other sessions. Where you do not pay the fees, we may not be able to provide the consultation, or any future consultations. We will charge you the fees as further described on our website. Interest is charged on all unpaid invoices at the rate of 10% per annum, calculated monthly. Any legal collection fees that are incurred will be charged to you.
CANCELLATIONS, RESCHEDULING AND REFUNDS
Please provide us with as much notice as possible if you need to reschedule. If you cancel the Services with more than 48 hours' notice, we will provide a full refund. If you cancel within 48 – 24 hours, then a cancelation fee of $70 will apply. In the event that less than 48 hours' notice of rescheduling or cancellation is received, no refunds are provided because we will have committed time and resources to prepare for your consultation. Where fees are yet to be paid, they will be invoiced to you. We may also charge a Rescheduling Fee. To the extent permitted by law, any other refunds are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.
AUSTRALIAN CONSUMER LAW
Our Services 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 us; and
· to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
INTELLECTUAL PROPERTY
All intellectual property rights in the materials, content, recipes, meal plans and other information provided by us during the provision of the Services shall remain the exclusive property of Transform with Trace Pty Ltd. You are granted a limited, non-exclusive, non-transferable, revocable license to use the materials solely for your personal use and in connection with the Services. You agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials, except as expressly permitted under this Agreement. Any unauthorized use of intellectual property may result in termination of this license and may subject you to legal action.
PRIVACY
During the performance of the Services, the Information that you provide will often be classed as personal information under the Privacy Act 1988 (Cth) (“the Act”). We deal with all personal information in accordance with the Act and the Australian Privacy Principles. We collect information for the primary purpose of providing high-quality of Services. For more details on how we deal with the personal information please see our privacy policy.
RELIANCE ON OUR ADVICE
Whilst we can assist with nutrition consulting, we are not medical doctors, psychiatrists, psychologists or other health professionals. We strongly recommend that you obtain independent professional health or medical advice before you make decisions or take steps that rely on any health or medical information we may provide. For example, do not use any information to make a diagnosis or for treatment. Nutrition consulting is not therapy and is not a substitute for therapy.
LIABILTY
You acknowledge and agree that we are not liable for any Loss or Damage which may result from the Services. To the extent permitted by law, our liability is limited, at our option to:
§ the replacement of the services or the supply of equivalent services; or
§ the payment of the cost of replacing the services or of acquiring equivalent services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You acknowledge and agree to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement and any third-party claims.
TERMINATION
Either party may terminate this Agreement with 5 days prior written notice. We may also suspend the Services immediately where we there is a conflict of interest, you fail to cooperate, or where, at our sole discretion, we consider that you need more qualified assistance. All Fees must be paid up to and including the termination date.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
If at any time any aspect of the Services is not reasonably acceptable to you or we disagree on the quality or substance of the Services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to determine the dispute, and each party agrees to pay their own costs.
THE GOVERNING LAW AND OTHER MATTERS
This Agreement may not be modified or amended except in writing signed by both parties. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of QLD Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of QLD for determining any dispute concerning this Agreement.
DEFINITIONS:
“Agreement” means these terms and conditions, including the Information Form and Informed Consent Form.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Cancellation Fee” means the sum of $70 and applies where you cancel within 24-48.
"Claim" means any claim under the statute, tort, contract or negligence, any demand, awards, or costs.
“Confidential Information” means any sensitive personal information, and/or any of your confidential information, including, but not limited to personal information as defined under the Privacy Act, but does not include any information required to be disclosed by law or already in the public domain.
“Fee” means the fee we charge for the services.
“Information” means any information you provide during the Services.
“Loss or Damage” means any direct, indirect, consequential, or incidental loss or damage. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Services.
“Services” means the nutrition consulting services.
"We" means Transform with Trace Pty Ltd [ ABN 35 680 710 105 ] our employees, independent contractors, agents, consultants, advisors, and other representatives.