Fresh Perspective Nutrition and Dietetics Website Terms and Conditions of Use

1.    About the Website

1.1.    Welcome to www.fpdietetics.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase services that have been listed for sale through the Website (the 'Services'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). 
1.2.    The Website is operated by Loretta Howard (ABN: 24 354 473 909) t/a Fresh Perspective Nutrition and Dietetics (‘Fresh Perspective Nutrition and Dietetics’). Access to and use of the Website, or any of its associated Services, are provided by Fresh Perspective Nutrition and Dietetics. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3.    Fresh Perspective Nutrition and Dietetics reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fresh Perspective Nutrition and Dietetics updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. 

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2.    Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fresh Perspective Nutrition and Dietetics in the user interface.

3.    Booking of Services

3.1.    Fresh Perspective Nutrition and Dietetics requires all bookings and purchases for the Services to be made via telephone or via the booking system (the ‘Booking System’).
3.2.    If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
3.3.    If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.
3.4.    In using the Purchase Services to purchase a Service through the Website, you agree to provide your credit/debit card details which will be held by the Booking System and used to process payment when you attend your appointment (the ‘Card Capture’). The Card Capture will also be utilised to service cancellation fees as per the Cancellation Policy. Appointment fees are set out on the pricing page of the Website.
3.5.    Collection of details for the Card Capture may be made through the available payment methods (the 'Payment Gateway Providers').
3.6.    In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.7.    Following payment of the appointment fee or cancellation fee being confirmed by Fresh Perspective Nutrition and Dietetics, you will be issued with a receipt to confirm that the payment has been received and Fresh Perspective Nutrition and Dietetics may record your purchase details for future.
3.8.    In the event that any payment under these Terms is not made in full on the due date, Fresh Perspective Nutrition and Dietetics is entitled to charge you interest at the rate of 5% per annum, calculated daily.
3.9.    You agree that if you default on any payments due and payable under these Terms, any costs incurred by Fresh Perspective Nutrition and Dietetics for steps taken to enforce payment terms will be recoverable and payable by you.

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4.    Cancellation 

4.1.    You must notify Fresh Perspective Nutrition and Dietetics of an intention to cancel or reschedule the Services as soon as practicable through e-mail to loretta@fpdietetics.com.au or by telephone on 0414 562 468 and abide by the following (‘Cancellation Policy’). 

4.2.    Fresh Perspective Nutrition and Dietetics understands that things change, and therefore if you need to make a request to alter your booking time you agree to provide at least 3 business days’ notice.

4.3.    Unfortunately, if you have to make changes or cancel within 3 business days of your booking time, a 50% cancellation fee will be charged to the card details provided via the Card Capture or via invoice provided to your nominated email address. If you fail to attend your appointment without prior notice or cancel or reschedule your appointment on the day of your booking, a cancellation fee equivalent to 100% of the appointment fee will be charged. Cancellation fees are payable for both initial and review appointments. Private health and Medicare rebates are not claimable on cancellation fees.

4.4.    Fresh Perspective Nutrition and Dietetics may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.

5.    Warranty 

5.1.    Fresh Perspective Nutrition and Dietetics will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Fresh Perspective Nutrition and Dietetics makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
5.2.    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 these Terms with Fresh Perspective Nutrition and Dietetics, and you 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. 

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6.    Services Disclaimer

6.1.    You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, health, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Fresh Perspective Nutrition and Dietetics relationship with you, its educational materials and interactions with you. As such, you agree that Fresh Perspective Nutrition and Dietetics 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.

6.2.    You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.

6.3.    You agree to release and discharge Fresh Perspective Nutrition and Dietetics 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 Fresh Perspective Nutrition and Dietetics.

 

7.    Information Disclaimer

7.1.    Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, or on any other related platform do not constitute professional, medical, health or other advice, and are provided for general information and guidance purposes only. 
7.2.    All care is taken in the preparation of the information and published materials on the Website, through the Services, social media accounts, or on any other related platform. Fresh Perspective Nutrition and Dietetics does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
7.3.    To the extent permissible by law, Fresh Perspective Nutrition and Dietetics will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, or on any other related platform.

 

8.    Copyright and Intellectual Property

8.1.    You acknowledge that the Website, the Purchase Services, Fresh Perspective Nutrition and Dietetics’ name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Fresh Perspective Nutrition and Dietetics or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (‘the Content’).
8.2.    You hereby indemnify and agree to keep indemnified Fresh Perspective Nutrition and Dietetics against all liability, losses or expenses incurred by Fresh Perspective Nutrition and Dietetics in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Fresh Perspective Nutrition and Dietetics or any third party by you or your agents.
8.3.    You may not, without the prior written permission of Fresh Perspective Nutrition and Dietetics and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8.4.    For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Fresh Perspective Nutrition and Dietetics, Fresh Perspective Nutrition and Dietetics grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

 

9.    Privacy

Fresh Perspective Nutrition and Dietetics takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Fresh Perspective Nutrition and Dietetics’ Privacy Policy.

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10.  General Disclaimer

10.1.    You acknowledge that Fresh Perspective Nutrition and Dietetics does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
10.2.    Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.3.    Subject to this clause, and to the extent permitted by law:
(a)    all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b)    Fresh Perspective Nutrition and Dietetics will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.4.    Use of the Website, the Purchase Services, and any of the Services of Fresh Perspective Nutrition and Dietetics is at your own risk. Everything on the Website, the Purchase Services, and the Services of Fresh Perspective Nutrition and Dietetics, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Fresh Perspective Nutrition and Dietetics make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Fresh Perspective Nutrition and Dietetics) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)    failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)    the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);
(c)    costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
(d)    the Content or operation in respect to links which are provided for your convenience;
(e)    any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f)    any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

11.  User Generated Content

11.1.    If you choose to contribute any content to the Website or any other platform operated by Fresh Perspective Nutrition and Dietetics, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
11.2.    By contributing content to the Website, you grant Fresh Perspective Nutrition and Dietetics a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Fresh Perspective Nutrition and Dietetics.
11.3.    Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Fresh Perspective Nutrition and Dietetics can use that information with Your Content for advertising and promotional purposes, or any other business purpose. 
11.4.    You confirm you own or have the right to use any copyright material included in Your Content (including replies to Fresh Perspective Nutrition and Dietetics social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Fresh Perspective Nutrition and Dietetics. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
11.5.    Please ensure you keep your own copies of Your Content as Fresh Perspective Nutrition and Dietetics may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
11.6.    Fresh Perspective Nutrition and Dietetics will endeavour to provide you with an appropriate credit when using Your Content on Fresh Perspective Nutrition and Dietetics platforms, though you understand and agree this may not always be possible.
11.7.    Fresh Perspective Nutrition and Dietetics reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

 

12.  Mailing List and SMS List Registration 

12.1.    You will be given the option to register for the Fresh Perspective Nutrition and Dietetics Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)
12.2.    As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)    Email address
(b)    Name and address
(c)    Mobile phone number
12.3.    If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Fresh Perspective Nutrition and Dietetics.

 

13.  Limitation of Liability

13.1.    Fresh Perspective Nutrition and Dietetics' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Fresh Perspective Nutrition and Dietetics is the resupply of information or Purchase Services to you.
13.2.    You expressly understand and agree that Fresh Perspective Nutrition and Dietetics, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3.    Fresh Perspective Nutrition and Dietetics is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Fresh Perspective Nutrition and Dietetics, by third parties or by any of the Purchase Services offered by Fresh Perspective Nutrition and Dietetics.

 

14.  Indemnity

14.1.    You agree to indemnify Fresh Perspective Nutrition and Dietetics, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a)    all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b)    any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c)    any breach of the Terms.

 

15.  Venue and Jurisdiction

The Purchase Services offered by Fresh Perspective Nutrition and Dietetics is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

 

16.  Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

17.  Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

18.  Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.