Terms and Conditions
THE ONLINE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION, CALL TRIPLE ZERO (000) IMMEDIATELY AND ASK FOR AN AMBULANCE.
For these reasons, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before using our website. You can contact us on email: firstname.lastname@example.org
By using our website you acknowledge and agree you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use our website.
Terms are subject to change
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our website to ensure you are aware of any changes. We will highlight any significant or substantive changes to you where possible at the end of this document. If you choose to use our website then we will regard your use as conclusive evidence of your agreement and acceptance that these Terms govern your and Australian Bariatric Dietitian’s rights and obligations to each other in relation to use of our website.
Licence to use our website
We grant you a non-exclusive, worldwide, non-transferable licence to use our website in accordance with the Terms set out in this document.
You may access and use our website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within our website for your own personal use, excluding any form of commercial reproduction or resale.
You must not add any content to our website:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or our website, into disrepute; or
- that infringes the intellectual property or other rights of any person.
Our website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated content or any content available on any linked website.
You acknowledge and agree that:
- we retain complete editorial control over our website and may alter, amend or cease the operation of our website at any time in our sole discretion; and
- our website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
Limitation of liability
It is a pre-condition of you using our website that you agree and accept that Australian Bariatric Dietitian’s is not legally responsible for any loss or damage you might suffer related to your use of our website or online services, whether from errors or from omissions in our documents or information, any goods or services we may offer, interruption of business, consequential or incidental damages or from any other
It shall be your own responsibility to ensure that any products, services or information available through our website or online services meet your specific, personal or business requirements. You acknowledge such information and materials, despite best endeavours, may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option.
You represent and warrant to us you have the legal capacity to accept and enter into these Terms.
Eligibility / Online Consultation
To be eligible to access and use the Online Services, you must:
- be an Australian citizen or reside in Australia;
- be at least 18 years old or have a parent or legal guardian present while using the Online Services;
- only access and use the Online Services in relation to yourself (that is, where you are the relevant patient), your dependent child or person for whom you are legally responsible in relation to that person’s medical affairs; and
- register to use Online Services in accordance with our registration process.
When you have completed the registration process, you may request a booking, via our booking portal, for online consultation with a practitioner. We aim but do not guarantee, booking times, even when these are confirmed to you. A booking will be for a window of time of your own choice and on an agreed day during which your practitioner will call you for a video call, phone call or
Training, advice, and coaching
By using our services, you agree that Australian Bariatric Dietitians is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Australian Bariatric Dietitians liable for any actions you take, nor can you hold us or any of our employees/contractors liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Australian Bariatric Dietitians.
All our information on both our website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional advice. Results are not guaranteed and Australian Bariatric Dietitians takes no responsibility for your actions, choices or decisions.
Fees and Cancellations
To secure a booking for an online consultation, you must pay the
You may cancel or reschedule an appointment for an online consultation by accessing the booking portal. You will be entitled to reschedule if the cancellation is made at least 24 hours prior to the time of the appointment. If cancellation is made within 24 hours of the appointment, you will incur a cancellation fee. If you do not answer the practitioner’s call, or return the call during the booking window, you will forfeit the booking for the online consultation and the consultation fee already paid.
You may incur additional fees and expenses for health and nutritional products, and laboratory tests or medical tests as recommended by the practitioner. These fees and expenses are not included in the online consultation fee. Blood tests referral may be obtained through either your GP or local general pathology company.
Please note you may not be entitled to any rebate under either Medicare or private health insurance. We suggest you contact Medicare or private health insurer to discuss your eligibility for rebates.
Nature of Consultation
The Online Services offer an online platform where consultations may be conducted between patients and the practitioner by telephone and in most cases, video consultations. Not every online consultation is appropriate for telephone or video consultation, and each consultation will be assessed on a case by case basis.
Prior to your appointment, you may need to complete a health questionnaire and provide certain information about yourself, including your health records and food diary, to assist your practitioner to assess your conditions.
The first online consultation may not achieve everything that is needed and it may be necessary for you to book and attend one or more follow-up online consultations. You may elect to cease an online consultation at any time, including during an online consultation.
Any information on or accessed via the Online Services and any information the practitioners provide to you (by whatever means of communication) is not intended to be a substitute for medical advice, diagnosis, and treatment, or to cure or prevent disease.
Online Services / Video calls
If you use our video call, phone call or web chat facilities through the Online Services, you must not:
- attempt to record the video or audio of your video call or take screenshots or copies of images of your video call;
- abuse, intimidate, threaten or otherwise violate those using or delivering the video call service; and/or
- engage in behaviour that is pornographic, violent, discriminatory or otherwise offensive.
These Terms terminate automatically if, for any reason, we cease to operate our website, subject to copyright in the material remaining with Australian Bariatric Dietitians plus related businesses of Australian Bariatric Dietitians. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
If there is a change of control in this business (whether by management, merger, sale, transfer of assets or otherwise), the Terms may be transferred to the new business owner.
Competition and consumer law
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Australian Bariatric Dietitian’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods or services; or the payment of the cost of having the goods or services supplied to you again.
We do supply services to those under 18 years of age, so they may use this website and
Delivery of goods
Physical goods may be delivered by Australia Post and/or other reputable courier and postal companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 business days to addresses within Australia (unless otherwise advised), depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier/postal company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Australian Bariatric Dietitian’s.
Digital goods are delivered immediately unless otherwise stated example meal planning that can be up to 7 business days. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. Goods may also be provided to you in person, as part of the delivery of services to you.
Returns and refunds
Australian Bariatric Dietitians handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Digital downloads will generally not be eligible for refund unless required by law, due to your ability to use them immediately. Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely return of the goods purchased. Unopened goods will be refunded in full excluding your return postage cost. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Australian Bariatric Dietitian’s and return postage may be the buyer’s responsibility.
Links to other websites
Australian Bariatric Dietitians may from time to time provide on our website, links to other websites, advertisements, and information about or from related and third parties for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between https://australianbariatricdietitians.com.au and the owners of those websites. Australian Bariatric Dietitians takes no responsibility for any of the content found on the linked websites, or embedded links from those sites into our website.
Australian Bariatric Dietitians website may contain information or advertisements provided by third parties for which Australian Bariatric Dietitians plus related businesses of Australian Bariatric Dietitians accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We may not be endorsing the third party at all, or we may make only a ‘recommendation’. Inclusion of these sites or providing recommendations does not constitute the provision of advice, nor do we take any responsibility for any other advice received in this regard.
To the fullest extent permitted by law, Australian Bariatric Dietitians absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Australian Bariatric Dietitians gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server or online booking system ‘Nookal’ is fee of viruses or any other harmful components (although we utilise virus protection services).
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Australian Bariatric Dietitians to bear any and all costs of servicing, repairs, or correction. The applicable law in your state, territory or country may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using our website or any products or services that may be offered through it. It is your responsibility to do so.
If you have a particular medical problem, please consult a healthcare professional. You should also not disregard professional advice, or delay seeking it, because of any Information contained on the Online Services, including any results provided (e.g. as part of the Online Services) or any Information that you have agreed to receive directly from us or as a result of any advice received through the Online Services.
Disclaimer of Warranties
While the Information is subject to our quality assurances processes, the Information is also subject to experience and reasonable differences in opinions among our practitioners, unique aspects of individual situations and the possibility of human error in preparing the information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability,
The general health and nutritional information provided by the practitioner will differ based on the circumstances of each individual. You should exercise your own caution and judgment with respect to your use of the Online Services, and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability, and relevance of the available
Disclaimer of liability
You acknowledge that your use of any
To the maximum extent permitted by law, we expressly disclaim all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using or relying on any of the Information or the Online Services including, but not limited to, in circumstances where:
- you receive incorrect or inappropriate advice;
- the Online Services or Information are used for a purpose for which they were not intended;
- the Online Services or Information contain errors, omissions or inaccuracies;
- are unable to obtain consistent, reliable and uninterrupted access to our Online Services;
- you rely on an interpretation or opinion stated in, or which may be inferred from, the Online Services or the Information;
- there is delay or failure to receive
Informationfrom us that you may have subscribed to; or
- inaccurate information is available from any websites accessed via a link on the Online Services.
To the extent permitted by law, our liability for failure to comply with consumer guarantees required by the Australian Consumer Law is limited to the re-supply of services or the payment of the cost of having the services re-supplied.
Information concerning products, vitamins, and supplements.
Information provided via the Online Services or available from the Online Services concerning products, vitamins and supplements, and other therapeutic products are provided for the limited purpose of general information for the safe and effective use of the Products in accordance with the advice you receive from the practitioner and is not intended to be used as medical advice, diagnosis and treatment, and should not be relied on to manage or diagnose a medical condition.
Information made available via the Online Services, including product information on the Products, may have been written by third parties and such information has not been independently verified by us.
At Australian Bariatric Dietitians, we are committed to protecting your privacy. We use the information we collect about you to maximise the services provided to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles in practice, even though we are not required to be law as a defined small business. Please read our separate Private Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. All customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs. We may also store your information on third party software such as client relationship management, accounting or email systems. In addition, we may use the information that you provide to improve our website and services.
Disclosure of information
Australian Bariatric Dietitians may be required, in certain circumstances, to disclose information in good faith and where Australian Bariatric Dietitians is required to do so in the following circumstances: by law or by any court, to enforce the terms of any of our customer agreements, or to protect the rights, property or safety of our customers or third parties.
Exclusion of competitors
We believe in collaboration and there being enough work for everyone, so long as you’ve worked to deserve it. If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or consumer users, then you are a competitor of Australian Bariatric Dietitians.
We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or use of our online services or obtain any such documents or information through a third-party for on-sale, or copying in whole or in part for the benefit of you and your business. If you breach this term, then Australian Bariatric Dietitians will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Australian Bariatric Dietitians reserves the right to exclude and deny any person access to our website, services or information in our sole discretion. Please contact us if you would like to use any of our online services or materials (whether hard copy or digital) or enter into a collaboration with us.
Copyright, Trademark, and restrictions of use
Our website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, voiceovers, trademarks, and graphics. You are not permitted to reproduce the documents, information or materials on our website for the purposes of sale or the use by any third party. In particular, you are not permitted to record, republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights for information contained on our website, including any downloaded material and links owned by us.
Australian Bariatric Dietitians expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download extracts for your personal use as a non-commercial use only
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or
By posting or adding any content onto our website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
These Website Terms and Conditions
An additional service agreement will apply to purchased products and services and may apply to some free services and resources. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
In using our Online Services, you acknowledge and agree that:
- as part of the registration and booking process, you will be required to provide certain information about yourself to enable us to verify your identity and eligibility for the Online Services. This information must belong to you and be true, accurate, complete and up to date, and by registering, you warrant to us that this is the case. If any of the registration information changes then you must promptly notify us of those changes;
- the relationship between you (as
patient) and the practitioner, in relation to an online consultation,is directwith one another. Our role in relation to an online consultation is limited to the provision of an electronic medium through which you (as patient) and the practitioner can interact with each other;
- some practitioners are also not employees, representative or agents for the business or entity of the business.
- we do not guarantee the information and advice provided by the natural health practitioners are always accurate, error or defect-free, uninterrupted or reliable, or that they will meet your health or medical requirements;
- we make no representations or warranties as to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the Online Services;
OnlineServices are intended to facilitate communication between you (as patient) and the practitioner and are not intended to be used for primary record keeping. The practitioners are encouraged to keep their own records; and
- you agree to comply with any of our reasonable instructions, directions, policies or procedures regarding the
useof the Online Services which may be varied from time to time by us.
Exclusion of unenforceable terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
General and jurisdiction
If a provision of these Terms
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
This Agreement is governed by the laws of the state of New South Wales (NSW) and the federal laws of Australia and each party
If you have any questions or issues with our Website Terms and Conditions, please contact us at email@example.com
Australian Bariatric Dietitians plus related entity of Australian Bariatric Dietitians Email: firstname.lastname@example.org
ABN 50 631 933 178
This Website Terms and Conditions document was last updated 30 July 2019 and