Terms and Conditions
1. Introduction
1.1. Life Diet and Nutrition (ABN 45810898187) (hereinafter referred to as "LDN") provides specialised nutrition and diet counselling services (the "Services").
1.2. By engaging LDN for the Services, you (hereinafter referred to as "Client" or "You") agree to be bound by these Terms and Conditions.
1.3. These Terms and Conditions form the agreement between LDN and the Client and are supplemented by the Invoice provided to the Client at the time of agreeing to these Terms and Conditions.
2. Engagement
2.1. LDN agrees to perform the Services for the Client as outlined in the Invoice.
2.2. The Services will commence upon acceptance of these Terms and Conditions and payment of the Fees as invoiced.
2.3. In the event that LDN is unable to continue providing the Services, a refund of the Services Fee (the "Refund") will be provided to the Client.
3. Fees and Invoicing
3.1. The Client agrees to pay LDN the Fees as specified in the Invoice.
3.2. The Fees may be adjusted by mutual agreement between the Parties in writing (including email) due to changes in the nature of the Services.
3.3. Payment of the Fees is due upon receipt of Invoices from LDN and must be made by the due date specified on each Invoice.
3.4. Payment of the Fees will be made by credit card, and the Client authorises LDN to charge the credit card to secure future appointments one week in advance.
3.5. In case of non-payment on the due date, LDN is entitled to charge interest at the rate of 5% per annum, calculated daily.
3.6. The Client agrees to be responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees, and adverse currency fluctuations.
3.7. All amounts listed in the Invoice are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise. GST is inapplicable if the Services are provided outside Australia.
4. Services Disclaimer
4.1. The Client acknowledges that the Services provided by LDN are not a substitute for medical attention, examination, diagnosis, or treatment.
4.2. LDN will use its best efforts to help the Client achieve desired results, but it makes no warranty that all clients will achieve the same results.
4.3. The Services come with guarantees under the Australian Consumer Law. For major failures with the Service, the Client is entitled to cancel the Service contract and receive a refund or compensation.
4.4. The Client agrees to release and discharge LDN from all claims arising out of or in connection with the provision of the Services.
5. Bookings and Cancellation
5.1. The Client must make bookings for the Services via email to lifedietnutrition@gmail.com or through the Booking System provided on LDN website at www.lifedietnutrition.com.au .
5.2. If the Client wishes to cancel the Services, they must provide at least 7 days' notice via email to lifedietnutrition@gmail.com and adhere to the Cancellation Policy.
5.3. If rescheduling or cancelling a booking within 3 business days, the Client will be required to forfeit the booking and pay a $50 cancellation fee, unless changing the booking to a telehealth appointment within 3 business days of the scheduled session.
5.4. LDN may change the Cancellation Policy without notice, but bookings made in advance will not be affected.
6. Liability
6.1. LDN total liability arising out of or in connection with the Services or these Terms and Conditions shall not exceed the resupply of the Services to the Client.
7. Disclosure and Use of Confidential Information
7.1. Both Parties agree to maintain confidentiality of all information exchanged during the provision of the Services.
7.2. LDN may disclose Confidential Information to authorised health service providers, for practice research, quality assurance, and improvement with the Client's prior consent.
7.3. The Parties may disclose Confidential Information if required by applicable law, with the other Party's consent, or if the information is already in the public domain.
8. Dispute Resolution
8.1. If a dispute arises, either party must provide written notice to the other detailing the nature of the Dispute and desired outcome.
8.2. The parties will attempt to resolve the Dispute amicably within 7 days from the date of the Notice.
8.3. If the Dispute is not resolved, the parties may agree on a mediator, or the Law Society of Victoria will appoint an appropriate mediator.
8.4. Mediation will be held in Victoria, and the parties will equally bear the fees and expenses.
8.5. If mediation does not resolve the Dispute, legal proceedings may be initiated.
9. No Partnership or Agency
9.1. Nothing in these Terms and Conditions will create a partnership or agency between the Parties.
10. Governing Law & Jurisdiction
10.1. These Terms and Conditions are governed by the laws of Victoria, Australia, and any disputes will be resolved in the courts of Victoria, Australia.
11. Severance
11.1. If any provision of these Terms and Conditions is prohibited or unenforceable, it will not affect the validity or enforceability of the remaining provisions.
12. Entire Agreement and Modifications
12.1. These Terms and Conditions and the Invoice constitute the entire agreement between the Parties and supersede all previous communications. Modifications can be made by mutual written agreement between the Parties.