Terms for My Nutrition Clinic Services
About these Terms
- The Trustee for My Nutrition Clinic Unit Trust (ABN 67 281 767 606), trading as My Nutrition Clinic (we, us or our), provides a variety of dietician services provided by our accredited practising dietitians.
- The services we provide (the Services) are:
(a) consultations in our clinic (Clinic Consultations);
(b) consultations at your home/place of residence (Home Visits);
(c) meal planning services (Meal Planning); and
(d) educational cooking classes (Cooking Classes); and
(e) other services designed to help you meet your nutritional needs as well as help you work towards your health and wellness goals.
3. Please read through the following terms and conditions (Terms). These Terms will form an agreement between you and us which will govern your use of the Services.
4. By accessing and using the Services, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms. If you disagree with any of these Terms, please do not use the Services.
Use of the Services
5. You acknowledge and agree to the following terms which apply to all Services:
(a) the Services are not a diagnostic tool and are not designed to be used for the specific or sole treatment of any particular health condition or issue;
(b) the Services must not be used as a substitute for assessment, diagnosis and treatment by a medical practitioner in respect of any health condition or issue you may have;
(c) if you have been referred for the Services by a medical practitioner or other health practitioner, you are responsible for attending any follow up appointments with this practitioner and adhering to their advice as they have directed;
(d) you must provide true and correct responses to any questions or questionnaires we provide you, and during any consultations we have with you, in connection with the Services;
(e) if you provide false or misleading responses to us in connection with the Services, this may affect you meeting any health and wellness goals you have and/or may result in injury and loss to you;
(f) you are responsible for obtaining appropriate professional medical advice in relation to your health, should you have any concerns regarding any health condition or issue you may have or otherwise in respect of your health, whether during or after your use of the Services; and
(g) we are not an emergency service, and we are not equipped to deal with medical or other health emergencies. If you require urgent medical attention, you must call 000 or immediately attend the emergency department of your nearest hospital.
Clinic Consultations and Home Visits
6. If you engage in Clinic Consultations or Home Visits any assessments, advice or strategies we provide to you will be provided with all due care and in accordance with professional standards and applicable laws. However, we do not warrant or guarantee that these Services will provide an improvement or desired outcome in respect of any health condition or issue for which you have sought the Services.
7. If you engage in Home Visits:
(a) you must take all reasonable steps to ensure that your home or place of residence is safe and without risks to your or our health and safety; and
(b) you agree to allow us, upon giving reasonable notice to you, to conduct an inspection of your home or place of residence to assess the health and safety risks of providing the Home Visits.
8. We may refuse or at any time suspend the provision of the Clinic Consultations or Home Visits if we reasonably consider that you pose, or your home or place of residence poses (in the case of Home Visits), an unacceptable risk to you, our staff or other persons.
9. We will commence or recommence the Clinic Consultations or Home Visits after we reasonably consider the risk has been addressed.
Meal Planning and Cooking Classes
10. If you engage in Meal Planning or Cooking Classes, you acknowledge and agree that these Services facilitate provision of general meal planning and cooking information only, which is intended to help you meet your nutritional needs as well as help you work towards your health and wellness goals.
11. If you engage in Cooking Classes, you must:
(a) advise us of any food allergies and intolerances, and any relevant conditions (e.g., coeliac disease), prior to engaging in Cooking Classes;
(b) keep any relevant medication with you during the Cooking Classes, such as any prescribed adrenaline/epinephrine (e.g., EpiPen/Anapen) or antihistamine medicine;
(c) be aware of any allergy, intolerance or condition other participants may disclose to you, and avoid bringing any food products or other items which may trigger or exacerbate their allergy, intolerance or condition into contact with them;
(d) if you have any food allergy, intolerance or relevant condition, read any packaged food product labels carefully, to ensure you avoid any ingredients which may trigger or exacerbate your allergy, intolerance or condition; and
(e) use any cooking equipment or other equipment provided for your use during the Cooking Classes safely, for its intended purpose, in the intended manner of use, and in accordance with any manufacturer instructions made available to you.
12. We may refuse or at any time suspend the provision of the Cooking Classes to you if we reasonably consider your conduct poses an unacceptable risk to you, other participants or our staff.
Third Party Information
13. We may provide links to or information from third party applications or websites through the Services (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.
Intellectual property
14. Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Services, whether or not you contribute to such material.
15. We grant you a limited, revocable, and non-exclusive licence to access and use the Services for the purpose of helping you meet your nutritional needs as well as help you work towards your health and wellness goals. You must not access, use, republish, copy, sell, modify, or otherwise exploit (in full or in part) the Services for any other purpose without our express written consent.
Limitation of liability and indemnity
16. To the extent permitted by law, we are not responsible for and you release us from all liability in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: your breach of these Terms; and any failure by you to follow any advice, recommendation or referral we provide as part of the Services. This limitation of liability will not apply to the extent that we are negligent.
17. To the extent permitted by law, you agree to indemnify us and hold us harmless against any claims, losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these Terms.
Privacy
18. We will handle your personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act.
19. If you have been referred for the Services by a medical practitioner or other health practitioner, you agree to us:
(a) collecting your relevant personal information and health information from your referring practitioner (such as your relevant medical history, medications and health goals); and
(b) sharing your relevant personal information and health information when reporting back to your referring practitioner (such as to confirm your engagement with the Services or for your continuing care by the referring practitioner),
but only to the extent this is necessary for you to engage with the Services or for your continuing care. If you do not wish for us to share your information with your referring practitioner in such circumstances, please let us know.
20. In respect of any person/s other than you whose personal information you provide to us when using the Services, you warrant that you are authorised to do so and have obtained all necessary consents to provide this information under applicable privacy laws.
Miscellaneous
21. We may from time to time amend or update these Terms. You are bound by any such new Terms where you continue to use the Services after any such amendment or update of these Terms, where we have provided you with prior notice of the updated or amended terms.
22. These Terms are governed by the laws of the State of Queensland, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
23. If you access or use the Services in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.