Terms and Conditions
Fertility Nutrition Australia Pty Ltd
By visiting https://www.fertilitynutritionaus.com (the “Website”) you are consenting to our terms of service. These terms of service are also incorporated into Our new client form for clients booking our personalised Services.
1. Our Contract
(a) These terms and conditions (Terms) are between Fertility Nutrition Australia Pty Ltd (ACN 652 419 040) (We, Us or Our) and you.
(b) We may revise our Terms at any time and any changes to our Terms take effect from the date of their publication on Our Website.
(c) Our Website provides you with the opportunity to buy eproducts (“Products”) as well as purchasing one on one consultations with Us (“Services’).
(d) The contents of Our Website is for general information purposes only. Nothing on this Website should be used as a substitute for individual medical and/or dietary advice.
(e) By proceeding with a purchase with Us, you agree that you’ve read and understood these Terms and are entering into a binding agreement with us on these Terms.
(f) A contract between us for the provision of Services will not be formed until you have completed a discovery call and we confirm that We are available to provide the Services you have requested and a booking confirmation is sent to you.
2. Pricing and availability
(a) If you purchase the Products through our Website, you agree to pay the Purchase Price listed on the Website for the Products. All prices are in Australian Dollars.
(b) Payment of the Purchase Price may be made by direct transfer or by a credit or debit card you provide to Us at the time of checkout.
(c) Payment of the Purchase Price for all Products is up front and payment of the full fee is required.
(d) Following payment of the Purchase Price we will issue you with a receipt.
(e) Where GST is applicable, unless otherwise stated all amounts are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 inclusive amounts.
(f) When making payment, you warrant and agree that you have agreed to the terms of any third party payment gateway or processor we use on Our Website from time to time, which are available for review on their website.
(g) We may vary our prices from time to time and any variation to our pricing will be published on our Website.
(h) Following confirmation of the Purchase Price of the Services, We will issue you with an invoice for payment. The invoice is payable within the time stated on the invoice.
(i) We may offer other ways to pay for your Services at Our discretion. You may enter into a payment plan for payment of the Services through a third party gateway We use on our Website. Please ask us for more information if you wish to use this payment option.
3. Refunds and Cancellations
(a) The Purchase Price for our Products is non-refundable.
(b) We will comply with our obligations under the Australian Consumer Law in relation to the Products and Services We provide and do not exclude any guarantees that cannot be excluded under the Australian Consumer Law.
(c) If the Service you purchase is a program and you wish to cancel the program part way through, then all paid and unpaid amounts of the program are non-refundable.
(d) If you have paid for a Service which is a program, you have three (3) months to book your sessions and any sessions not booked within this time will be cancelled and are non-refundable.
(e) If you have booked a Service, then you are subject to the following cancellation policy:
(i) If you wish to reschedule your appointment, please notify us of your intention to do so as soon as possible by sending an email to jessica@fertilitynutritionaus.com.au and We will endeavor to accommodate your request.
(ii) Cancellations made with at least 24 hours notice will be refunded;
(iii) Cancellations, no-shows or requests for your appointment to be rescheduled within 24 hours of your appointment will result in the full Purchase Price for the appointment being payable if pre-paid and no refund will be provided. If you have not pre-paid for your appointment at $50.00 administrative fee will be payable in these circumstances.
4. Delivery of E-products
(a) Eproducts are delivered as a link to download and sent via email following your purchase.
(b) Should you not receive the email containing the link to your eproduct please contact us by sending an email to jessica@fertilitynutritionaus.com
(c) We are not liable to you for any issues you encounter receiving our email or downloading the eproduct onto your computer, but we will endeavour to respond to you as a priority if you have any issues.
(d) By purchasing an eproduct, you are given a non-exclusive and non-transferrable license to use the Product.
5. Services
(a) The Services will be provided by Jessica Jones, who is a university qualified Nutritionist and Pharmacist, holding a Post Graduate Diploma in human nutrition and a Bachelor of Pharmacy.
(b) Jessica Jones has completed further education specifically pertaining to nutrition and for fertility and pregnancy. However, Jessica Jones will not diagnose, treat or cure disease.
(c) The extent of the Services you receive and the support provided to you by Us depends on the nature of the Services requested and the fee paid by you. The nature of the Services to be provided and the fee for Services will be set by agreement on a discovery call before commencement of the Services. For example:
(i) If the Services are a 12 week program, you are entitled to six consultations to use within three months, and email support and other materials will be provided to you; or
(ii) If the services are a single consultation or a follow up outside a set program, then you are not entitled to ongoing email support or the provision of other materials.
(d) The consultations are conducted via Zoom. The consultation may be conducted in person by your request but whether We accept your request is at Our sole and absolute discretion.
6. Limitation of Liability
(a) If you purchase a Product or Service, we will use all reasonable care and endeavour to help you achieve your desired result however We make no guarantee or warranty that our Products and Services will achieve your desired result or the same result for all Our clients.
(b) You acknowledge and agree that Our Services are provided to you on the basis of the accuracy and completeness of the information you provide to Us, following Our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of the Services.
(c) Nothing in these Terms excludes any rights, guarantee or warranty you are entitled to under the Australian Consumer Law (“ACL”).
(d) In all other respects, Our total liability for loss or damage of every kind, whether:
(i) arising pursuant to the Terms; or
(ii) arising in any other way out of or in relation to the supply of the Products or Services, and whether in tort or Contract or in any other cause of action,
1. is limited to an amount equivalent to the sum paid by you to Us for the Products or Services.
(e) We do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of the Products and Services supplied pursuant to these Terms.
(f) You agree to release and discharge us from and against all claims arising out of or in connection with the provision of our Services. This release includes but is not limited to any claim for personal injury, damages and death of any person who has received Services from Us.
7. Insurance
We hold professional indemnity and Public Liability insurance.
8. Disclaimer
(a) You are responsible for the accuracy of the personal information you provide to us as our Services are provided on this basis. You must disclose any pre-existing medical conditions to us at the commencement of our Services.
(b) You are also responsible for implementing Our recommendations in the Products or Services and you agree that We are not responsible for any action, inaction or for any result or lack of result provided by our Products of Services.
(c) You understand that We will not diagnose, cure or treat any disease and that our Products and Services are not a substitute for medical attention, examination or diagnosis.
(d) If at any time you notice any unanticipated changes to your health you should seek medical attention immediately.
(e) Our eproducts are not a substitute for individual nutritional advice or medical attention. Any information in our eproducts is general in nature and is not intended to be personalized to your specific circumstances or needs.
(f) You agree to release and discharge Us from any and all claims in connection with the provision of the Products and this release is not limited to any claim for personal injury, damages and death of a client who has received a Product from us.
9. Intellectual Property
(a) The Website contains intellectual property, as do our Products and Services. All our intellectual property, including but not limited to copyright, design, trade secrets, trademarks or other intellectual property remain Our Property.
(b) You acknowledge and agree that all intellectual property, whether published on our website or in program material or an eproduct remain our sole property and nothing in this Agreement transfer any ownership in our intellectual property rights to you.
(c) Sharing the license or making copies of and distributing the materials to third parties is strictly prohibited.
10. Privacy
(a) These Terms are subject to the privacy policy published on our Website.
(b) You consent to Us disclosing your Personal and Sensitive Information to health providers (e.g medical practitioners, specialists or other allied health professionals) if it directly relates to your care.
11. Waiver
Any waiver of any provision of the Terms will be effective only if in writing and signed by Us. Without limiting the foregoing, if you breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these conditions.
12. Severance
If any part of these Terms are found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Agreement will remain in force.
13. Governing law
These Terms are governed by the laws in force in Tasmania. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.