TERMS AND CONDITIONS
1. DEFINITIONS
The following expressions used in these Terms and Conditions have the following meaning, unless the context clearly requires otherwise:
a) Agreement means these Terms and Conditions, the Proposal and any subsequent Proposal, annexure or schedule incorporated by reference.
b) Applicable Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia.
c) Business Day means a day other than a Saturday, Sunday or public holiday in the city or place where the Service Provider's principal place of business is located.
d) Business Hours means the Service Provider's ordinary business hours as specified in the Proposal or, if not specified, 9:00am to 5:00pm on any Business Day.
e) Chargeback means the reversal of a payment in response to a request that a customer makes directly to their bank or payment provider.
f) Claim means any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action or claim for compensation, however arising.
g) Client or you / your means the person specified as "Client" in a Proposal and, where the context requires, includes any Representative.
h) Commencement Date means the commencement date specified in the Proposal.
i) Confidential Information means information of a confidential nature, including information about a party's business, operations, personal circumstances, goals, finances, Health Information or other personal details, the contents of any Contract and any information disclosed by one party to the other in connection with the Services, but does not include information in the public domain other than through a breach of confidence.
j) Consent Preferences means the consents given or declined by the Client in the Marketing and Consents section of the Proposal, as updated from time to time.
k) Consequential Loss means any incidental, indirect, consequential, punitive or special damages, including lost business, lost opportunity, lost revenue or lost profits.
l) Consultation means an individual appointment with the Service Provider, whether in person, by video, by phone or at the Client's home.
m) Consultation Package means a set number of Consultations purchased together at a package price, as set out in the Proposal.
n) Contract means any Proposal accepted by you.
o) Deposit means the booking deposit set out in the Proposal, which is credited against the Fees.
p) Early Exit Adjustment has the meaning given in clause 15(d).
q) Fees means the fees payable by you to the Service Provider for the Services under a Proposal, including fees for Consultations, Consultation Packages, Ongoing Care Plans, Group Programs and any additional services.
r) Force Majeure Event means illness, injury, emergency, pandemic, epidemic, war, act of God, natural disaster, industrial dispute, power outage, internet outage or other circumstance beyond a party's reasonable control.
s) Funding Body means Medicare, the Department of Veterans' Affairs, the National Disability Insurance Scheme, a private health insurer, a compensation scheme or any other third party that funds or provides a rebate for the Services.
t) Group Program means any group education program, workshop, cooking class, course or other structured offering delivered by the Service Provider to multiple Participants, as set out in the Proposal.
u) GST means goods and services tax chargeable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
v) Health Information means any information about the Client's physical or mental health, medical history, medications, supplements, allergies, intolerances, dietary requirements, eating behaviours, measurements, test results and any other health related information collected by the Service Provider in connection with the Services.
w) Health Records means records containing Health Information that are made or kept by the Service Provider.
x) Intellectual Property Rights or IP means all intellectual and industrial property rights, including copyright, trade marks, designs, business names, trade secrets, know-how, methodologies, frameworks, templates, meal plans, recipes, content, programs and all other rights resulting from intellectual activity.
y) Marketing Communications means commercial electronic messages and other direct marketing sent by or for the Service Provider, but does not include Service Communications.
z) Minimum Term means the Care Plan Minimum Term (if any) set out in the Proposal.
aa) Ongoing Care Plan (sometimes called a retainer) means an arrangement under which the Client pays a recurring Fee each billing period for an agreed bundle of Services, as set out in the Proposal.
bb) Overdue Amount means any amount that remains unpaid after its due date.
cc) Participant means any individual who enrols in, attends or otherwise participates in a Group Program or related community space.
dd) Parties means the Service Provider and the Client, and Party has a corresponding meaning.
ee) Payment Dates means the dates by which payment of the Fees is due, as set out in the Proposal, invoice or applicable payment schedule.
ff) Personal Information and Sensitive Information have the meanings given in the Privacy Act 1988 (Cth).
gg) Professional Standards means the Dietitians Australia Code of Conduct for Dietitians, the requirements of the Accredited Practising Dietitian Program (where applicable), the National Code of Conduct for health care workers as in force in the relevant state or territory, and any other professional code, standard or guideline that applies to the Service Provider, each as amended from time to time.
hh) Program Materials means all meal plans, recipes, handouts, workbooks, guides, videos, modules, templates and other resources created by the Service Provider and made available to the Client in connection with the Services.
ii) Proposal means any verbal or written offer made by the Service Provider to you for the supply of Services, including via the Service Provider's website, booking platform, payment link, social media, direct message, email or other electronic communication.
jj) Representative means any parent, guardian, substitute decision maker or other person named as Representative in the Proposal.
kk) Service Communications means messages about the Client's care and account, including appointment confirmations and reminders, clinical follow up, receipts, invoices and changes to these Terms and Conditions, that do not promote any goods or services.
ll) Service Provider means the party set out as Service Provider in the Proposal, and includes any practitioner providing the Services on its behalf.
mm) Services means the dietetic and nutrition services provided by the Service Provider as agreed in a Proposal, which may include Consultations, Consultation Packages, Ongoing Care Plans, Group Programs, meal plans, reports to other health practitioners and any other service listed in the Proposal.
nn) Tax Invoice has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
oo) Term means the period starting on the Commencement Date and ending when the Services have been completed or the Agreement is otherwise ended.
pp) Validity Period means the period set out as the Package Validity Period in the Proposal.
2. GENERAL
When you enter into a Contract with the Service Provider, you agree that:
a) you have read and understood these Terms and Conditions;
b) these Terms and Conditions apply to every supply of Services the Service Provider provides to you;
c) if there is any inconsistency between these Terms and Conditions and the Proposal, the Proposal prevails to the extent of the inconsistency, except that clause 15(a) and clause 24(a) always apply;
d) the Agreement starts on the Commencement Date and continues for the Term, unless ended earlier in accordance with these Terms and Conditions;
e) the Service Provider may delegate or subcontract parts of the Services in accordance with clause 34, and remains responsible for the proper provision of the Services; and
f) where a Representative accepts this Agreement for the Client, the Representative confirms they have authority to do so and is responsible, together with the Client, for payment of the Fees.
3. PROPOSALS TO SUPPLY
a) The Service Provider will provide you with a Proposal, which may be delivered in writing, published on a website or booking platform, or sent by social media, direct message, invoice or email.
b) By agreeing to a Proposal, you agree to be bound by these Terms and Conditions.
c) You may accept a Proposal by:
i) written notice to the Service Provider;
ii) making payment via a website, online platform or payment link;
iii) verbally communicating your acceptance to the Service Provider or its personnel; or
iv) allowing, through act or omission, the Service Provider to provide Services to you.
d) Upon acceptance of a Proposal, a binding Contract is formed between you and the Service Provider on the terms of the Proposal and these Terms and Conditions.
e) Accepting a Proposal is agreement to these terms. It is not consent to any particular assessment or treatment. The Service Provider will seek your informed consent before providing Services in accordance with clause 6.
4. ENTIRE AGREEMENT
a) These Terms and Conditions and the Proposal are the only terms that apply to the Contract.
b) To the maximum extent permitted by law, you acknowledge that you have not relied on any representation, statement, warranty or promise not expressly set out in the Agreement.
5. TERM
a) Each Contract remains in force for the Term specified in the Proposal or, if no fixed Term is specified, until ended in accordance with this Agreement.
b) Where the Services include a Group Program, the Group Program runs for the term specified in the Proposal. At the end of that term, access to the Group Program, Program Materials and any community space ends unless the parties agree in writing to renew, or the Proposal provides for automatic renewal.
c) Where the Services are provided as single Consultations or a Consultation Package, the Contract continues until the booked Consultations have been delivered or the Validity Period ends, and then continues for any further Consultations the Client books, until ended in accordance with clause 26.
d) Where the Services are provided under an Ongoing Care Plan, the Contract continues from one billing period to the next until ended in accordance with clause 26. Any Minimum Term affects pricing only, as set out in clause 15, and does not prevent the Client from ending the Services.
6. HEALTH INFORMATION AND INFORMED CONSENT
a) The Client agrees to give the Service Provider accurate and complete information, to the best of their knowledge, about their health, medical history, medications, supplements, allergies, intolerances and any other matter relevant to the Services, and to tell the Service Provider promptly if any of that information changes.
b) The Service Provider will assess the Client's needs, explain the proposed approach (including its expected benefits, risks, costs, any alternatives and any use of artificial intelligence as described in clause 18) in a way the Client can understand, and seek the Client's informed consent before providing Services. The Client may ask questions at any time and may decline or stop any recommended Service.
c) Where the Client is under 18 or does not have capacity to consent, consent will be sought from the Representative, and the Service Provider will involve the Client in decisions to the extent appropriate to their age, maturity and capacity.
d) The Service Provider may ask the Client to obtain medical clearance or information from their GP or treating team before starting or continuing certain Services, and may pause those Services until it is received.
7. CLIENT OBLIGATIONS AND RESULTS
The Client acknowledges and agrees that:
a) they have full power, capacity and authority to enter into and perform their obligations under the Agreement (or a Representative has accepted it for them);
b) they have had the opportunity to seek independent advice on any aspect of the Agreement before accepting it;
c) the best outcomes come from open and honest communication and genuine engagement with the agreed plan, and the Service Provider's ability to support the Client depends on this;
d) nutrition and health outcomes depend on many factors, including the Client's health circumstances, other treatment and their engagement with the agreed plan. The Service Provider does not guarantee any particular result, measurement, weight change or improvement in symptoms;
e) they must maintain open communication with the Service Provider, including attending Consultations or cancelling them in accordance with the Proposal; and
f) they must treat the Service Provider, its personnel and any Participants with respect. Abusive, threatening, harassing or discriminatory conduct is not acceptable and may result in the Services ending under clause 26.
8. COMMUNITY STANDARDS
a) This clause applies to any Client participating in a Group Program, community space or other group based Service.
b) In accessing and using the Services, the Client agrees to:
i) conduct themselves respectfully at all times;
ii) keep confidential what other Participants share, in accordance with clause 28;
iii) not engage in any conduct that is harmful, disruptive, offensive or demeaning toward the Service Provider or any other Participant, including commenting on another Participant's body, weight or food choices; and
iv) comply with any community guidelines issued by the Service Provider from time to time.
c) The Service Provider may give a written warning to any Client whose conduct breaches this clause. If the behaviour continues or is serious, the Service Provider may end the Client's access to the Group Program, and clause 15(g) applies.
9. SERVICE PROVIDER OBLIGATIONS AND PROFESSIONAL STANDARDS
The Service Provider will:
a) conduct itself in a professional, respectful, culturally safe and non-stigmatising manner at all times, using the Client's preferred name and pronouns;
b) provide the Services with reasonable care and skill, within its scope of practice and in accordance with the Professional Standards;
c) perform the Services in accordance with the Proposal, subject to the Client complying with its obligations and to any Force Majeure Event;
d) hold the credentials stated in the Proposal for the Term, and tell the Client promptly if any of those credentials are suspended, cancelled or made subject to conditions that affect the Services;
e) maintain professional indemnity insurance as required by the Professional Standards;
f) where a practitioner is qualified in more than one discipline, tell the Client and any referring practitioner which discipline the Services are provided under; and
g) keep Health Records in accordance with clause 19.
10. SCOPE OF DIETETIC SERVICES
a) The Services are dietetic and nutrition services provided within the Service Provider's scope of practice. The Service Provider is not a medical practitioner and does not diagnose medical conditions or prescribe medication.
b) The Services are intended to work alongside, and not replace, care from the Client's GP, specialists and other treating practitioners. The Client should keep seeing their medical practitioners and should not stop or change prescribed medication or treatment without speaking to the prescribing practitioner.
c) Where the Service Provider considers that the Client's needs are outside its scope of practice, or would be better met by another practitioner, the Service Provider may recommend or arrange a referral, and may pause or end the relevant Services under clause 26.
d) Where the Client has, or the Service Provider reasonably suspects the Client may have, an eating disorder or another condition that requires multidisciplinary care, the Service Provider may require the Client to be under the care of a medical practitioner (and, where appropriate, a mental health professional) as a condition of starting or continuing the Services.
e) Nutrition advice is based on the information the Client provides at the time. Meal plans and other personalised advice are for the Client only and should not be followed by anyone else, whose needs may be different.
f) Any information about supplements or complementary medicines is provided only where the Client asks for it and is limited to information supported by scientific, peer reviewed evidence.
g) The Service Provider will seek to provide a private and confidential setting for Consultations, including for telehealth. Where complete privacy is not possible, for example in a shared space or during a home visit, the Service Provider will ask the Client's permission before continuing.
h) The Services are dietetic care provided to the Client. They are not an assessment prepared for an insurer, lawyer, employer or other third party. Where the Service Provider is engaged by a third party to assess a person who is not its client, separate terms apply to that engagement.
i) The Services are not an emergency or crisis service, and messages are not monitored outside Business Hours. In an emergency, the Client should call 000 or go to their nearest emergency department. For crisis support, the Client can contact Lifeline on 13 11 14, and for support with eating disorders or body image, the Butterfly Foundation National Helpline on 1800 33 4673.
11. FEES, REBATES AND FINANCIAL CONSENT
a) Before providing Services, the Service Provider will explain the Fees and the cancellation, no refunds and early exit terms. The Fees are those set out in the Proposal. Any service not listed in the Proposal is charged at the hourly rate in the Proposal or at a fee quoted by the Service Provider, as agreed with the Client in writing before that service is provided.
b) All Fees are inclusive of GST (if any). Where GST applies to a supply, the Service Provider will provide a Tax Invoice.
c) The Client is responsible for checking their own eligibility for, and the amount of, any Medicare, health fund or other rebate or funding with the relevant Funding Body before the Services begin. Any rebate or funding is a matter between the Client and the Funding Body, and the Service Provider makes no representation or warranty that a rebate will be available or about its amount. Unless the Proposal says otherwise, the Client must pay the full Fee and claim any rebate themselves.
d) Receipts for claiming purposes are issued for each Consultation on the date it is delivered. No receipt for claiming purposes will be issued for a Consultation that has not yet been delivered, even if it has been paid for in advance.
e) If a Funding Body declines, reduces or reverses a claim, the Client remains responsible for the Fees, unless the Service Provider agreed in writing to accept the Funding Body's payment as full payment, or the problem was caused by the Service Provider's error.
f) The Service Provider may change its Fees by giving at least 30 days written notice. A change does not affect a Consultation Package already paid for, or the Fee for an Ongoing Care Plan during its Minimum Term. If the Client does not accept a change to an Ongoing Care Plan Fee, the Client may end the Care Plan before the change takes effect and no Early Exit Adjustment applies.
g) Where the Client is funded by the NDIS, the Department of Veterans' Affairs or a compensation scheme, the rules and price limits of that scheme apply to the extent they are inconsistent with this Agreement.
12. PAYMENT TERMS
a) The Client must pay the Fees in accordance with the amounts, Payment Dates and payment method specified in the Proposal.
b) Unless the Services are fully funded by a Funding Body, the Services will not start until any Deposit or first instalment has been received.
c) Where the Client pays by instalments or under an Ongoing Care Plan, the Client authorises the Service Provider to store the Client's nominated payment method and charge it on each Payment Date until all Fees have been paid or the Services end. The Service Provider will tell the Client if a payment fails.
d) If any Fee remains unpaid after its due date and the Service Provider has sent a reminder, the Service Provider may:
i) decline to book further Services until payment is received, after giving the Client reasonable notice and, where the Client needs ongoing care, information about other options;
ii) charge the dishonour fee specified in the Proposal for any failed or returned payment;
iii) charge interest on the Overdue Amount at a rate of up to 10% per annum, calculated daily from the due date until payment in full; and
iv) recover the Overdue Amount, together with its reasonable costs of recovery, including debt collection and legal costs.
e) Subject to the Australian Consumer Law, the Client may not withhold or delay payment of a Fee that is due because of a dispute. Any dispute should be raised under clause 25 or clause 30.
f) Where a payment is reversed by Chargeback, the Client remains liable for the Fees for Services already delivered, the Service Provider may recover the reversed amount, and the Client must stop using any Program Materials other than their personalised meal plan.
13. CONSULTATION PACKAGES AND ONGOING CARE PLANS
a) Consultations in a Consultation Package must be used within the Validity Period. They are personal to the Client and cannot be transferred to another person or exchanged for cash, unless the Service Provider agrees in writing. The Service Provider will remind the Client at least 14 days before the Validity Period ends. Consultations not used by the end of the Validity Period lapse and are not refunded, except as set out in clause 15.
b) The Service Provider will keep a record of the Consultations used and remaining in a Consultation Package and will give it to the Client on request.
c) Under an Ongoing Care Plan, the Fee for each billing period is paid in advance for the bundle of Services set out in the Proposal. Included Consultations not used in a billing period carry forward to the next billing period only, after which they lapse.
d) If the Client ends an Ongoing Care Plan, the Client may keep using the included Services until the end of the billing period already paid for.
e) The Service Provider will not recommend a Consultation Package or Ongoing Care Plan unless it reasonably believes the Services included are appropriate for the Client's needs.
14. CANCELLATION, RESCHEDULING AND MISSED APPOINTMENTS
a) The Client must give the minimum notice specified in the Proposal to cancel or reschedule a Consultation. If the required notice is not given, or the Client does not attend, the cancellation option selected in the Proposal applies.
b) Where a missed appointment fee applies, it is payable on request. Where the Consultation forms part of a Consultation Package or Ongoing Care Plan, the Service Provider may instead count the Consultation as used, and it is treated as delivered for the purposes of clause 15.
c) The Service Provider may waive or reduce any missed appointment or reschedule fee where the Client could not give notice because of a genuine emergency or sudden illness.
d) Missed appointment and reschedule fees are not claimable from Medicare or private health insurers and are payable by the Client personally, except where the rules of a Funding Body provide otherwise.
e) If the Client arrives late, the Consultation may be shortened so that other clients are not affected, and the full Fee remains payable.
f) Group Program sessions are delivered as scheduled. Missing a session does not entitle the Client to a replacement, credit, refund or extension of access, unless the Service Provider decides otherwise.
g) The Service Provider may reschedule a Consultation because of illness, emergency or other unforeseen circumstances. The Service Provider will give as much notice as possible and offer the earliest available alternative time. No fee applies, and if a suitable time cannot be found within a reasonable period, the Client may choose a refund for that Consultation.
15. NO REFUNDS AND EARLY EXIT
a) Nothing in this Agreement excludes, restricts or modifies any right or remedy the Client has under the Australian Consumer Law or any other law that cannot lawfully be excluded.
b) Subject to clause 15(a) and clause 15(f), all Fees are non-refundable. This includes the Deposit, Consultations in a Consultation Package that are not used (including those that lapse at the end of the Validity Period), any part of an Ongoing Care Plan billing period, and Group Program Fees, regardless of the Client's results, change of mind, change in circumstances or decision not to follow the agreed plan.
c) The Client may end the Services at any time under clause 26(a). Ending the Services does not entitle the Client to a refund.
d) The Early Exit Adjustment applies where the Client ends the Services before finishing a Consultation Package that is being paid by instalments, or ends an Ongoing Care Plan during its Minimum Term. The Service Provider will calculate:
i) the value of the Consultations actually delivered under that Package or Care Plan, calculated at the individual Initial Consultation and Review Consultation Fees set out in the Proposal (Delivered Value); and
ii) the Fees paid by the Client for that Package or Care Plan, including any Deposit (Amount Paid).
e) If the Delivered Value is more than the Amount Paid, the Client must pay the difference within 14 days of invoice, but never more than the Fees that would otherwise have been payable for the rest of the Package or Minimum Term. No further instalments or Care Plan Fees are payable after that. If the Amount Paid is equal to or more than the Delivered Value, nothing further is payable and clause 15(b) applies.
f) The Service Provider will only refund Fees (other than as required by law) where it ends the Services for a reason other than the Client's breach (including under clause 10(c), clause 18(e)(iii), clause 29(d) or because it is closing or selling the practice), where the Client ends the Services under clause 26(e), where the Service Provider cancels a Group Program, or where clause 14(g) applies. In those cases, the Service Provider will refund the Fees paid for Services not yet delivered, calculated at the package price per Consultation for a Consultation Package, and daily for the rest of the current billing period for an Ongoing Care Plan.
g) Where the Service Provider ends the Services under clause 26(c)(i), (ii) or (iii), no refund is payable, the Early Exit Adjustment applies to any Package being paid by instalments or any Care Plan within its Minimum Term, and the Service Provider may also recover any reasonable costs directly caused by the Client's breach.
h) Where a Client cannot continue a Group Program for medical or compassionate reasons, the Service Provider may, in its discretion, offer a transfer to a future Group Program.
i) Any refund will be paid to the original payment method within 14 days, unless the parties agree otherwise.
16. PRODUCTS, REFERRALS AND CONFLICTS OF INTEREST
a) The Service Provider will only recommend products, services or other practitioners that it reasonably believes are appropriate for the Client's needs. The Client is never required to buy products from the Service Provider or any particular supplier.
b) The Service Provider will tell the Client if the Service Provider, or a member of the practitioner's immediate family, has a financial or commercial interest (including any commission or affiliate arrangement) in any product, service or practitioner it recommends.
c) The Service Provider will make referrals in the Client's best interests and will not offer or accept any inducement for a referral.
d) The Service Provider will only accept gifts of minimal value. Where a token gift is accepted, the Service Provider will record it and explain to the Client that it does not affect their care. The Service Provider will not become financially involved with the Client or their family in any way outside the Fees for the Services, including through loans, investments, bequests or powers of attorney.
17. OWNERSHIP OF INTELLECTUAL PROPERTY
a) All Intellectual Property Rights in the Program Materials and any other materials created or supplied by the Service Provider remain the property of the Service Provider. Nothing in this Agreement transfers ownership of any Intellectual Property to the Client.
b) The Client is granted a limited, personal, non-exclusive, non-transferable licence to use the Program Materials for their own personal health purposes. This licence does not permit the Client to:
i) reproduce, share, distribute, resell, publish or make the Program Materials available to any third party;
ii) use the Program Materials for any commercial purpose; or
iii) represent any of the Service Provider's frameworks, resources or materials as their own.
c) Materials created specifically for the Client, such as a personalised meal plan, are licensed to the Client for their own personal use, and that licence continues after this Agreement ends. Ownership remains with the Service Provider.
d) Nothing in this clause limits the Client's right to access their Health Records under clause 19.
18. USE OF ARTIFICIAL INTELLIGENCE
a) The Service Provider uses artificial intelligence (AI) tools in delivering the Services, including for administration, correspondence, research, content and note taking, and including AI enabled tools that connect to its email, calendar, messaging and video conferencing platforms and that monitor, record, transcribe or summarise communications and Consultations. AI supports, and does not replace, the professional judgement of the Service Provider. All clinical decisions and advice are made by the Service Provider's practitioners.
b) By accepting this Agreement, the Client consents to:
i) the Service Provider's use of AI tools in connection with the Services, including the monitoring, recording, transcription and summarising of emails, messages, Consultations and other communications with the Client; and
ii) the Client's Health Information, Sensitive Information and Confidential Information being entered into those AI tools for the purpose of providing the Services.
c) The Service Provider will take reasonable steps to keep the Client's information secure. However, because emails, messages and Consultations may be monitored and processed by AI tools and third party platforms, and no electronic system or communication is completely secure, the Service Provider cannot guarantee the security of information sent, received or stored electronically.
d) The Service Provider reviews AI assisted output before it is given to the Client or relied on in the Client's care, and remains responsible for the Client's Health Records and advice in accordance with the Professional Standards.
e) The Client may withdraw the consent in clause 18(b) for the future at any time by written notice. Withdrawal operates from when the notice is received and does not affect anything done before then. Where consent is withdrawn:
i) the withdrawal does not by itself entitle the Client to any refund, credit, reduction or pause of Fees, and clause 15 continues to apply;
ii) subject to clause 18(e)(iii), the Services will continue without AI assisted monitoring, recording or transcription; and
iii) withdrawing consent will not otherwise affect the Client's care, their Fees or the professional relationship. If the Service Provider reasonably decides it cannot continue to provide the Services safely and effectively without those tools, it will discuss this with the Client and, with the Client's permission, help arrange for another suitably qualified practitioner to continue their care before ending the Services under clause 26(b).
f) AI tools used by the Service Provider may store or process information outside Australia, and the Client consents to that. The Service Provider will take reasonable steps to ensure that any overseas recipient handles Personal Information consistently with the Australian Privacy Principles.
g) Any AI generated summary given to the Client is provided for convenience. The Client should tell the Service Provider if they notice anything inaccurate.
h) The consent in this clause is given for the purposes of clause 19 and any applicable privacy and surveillance devices legislation.
i) Where another person attends a Consultation with the Client (such as a parent, carer, interpreter or support person), the Service Provider will tell them that the Consultation may be recorded, and will only record it with their consent.
19. PRIVACY AND HEALTH RECORDS
a) The Service Provider collects Personal Information and Health Information to provide the Services, manage the Client's care, process payments and claims, and meet its legal and professional obligations. It handles that information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, any applicable state or territory health records law and its privacy policy at https://www.health.qld.gov.au/system-governance/records-privacy/queensland-health-privacy-policy .
b) The Service Provider will only use or disclose Health Information for the purpose for which it was collected, a directly related purpose the Client would reasonably expect, with the Client's consent, or as required or permitted by law (including to lessen or prevent a serious threat to a person's life, health or safety, or under mandatory reporting obligations).
c) With the Client's consent in the Proposal, the Service Provider may share relevant information about the Client's care with the Client's GP, referring practitioner and other nominated treating practitioners. Where the Client is referred under Medicare, the Client acknowledges that written reports to the referring practitioner are a requirement of Medicare funded services.
d) The Service Provider may disclose to a Funding Body the information needed to process any claim the Client asks the Service Provider to make.
e) Health Records will be stored securely and kept for at least 7 years after the Client's last Consultation or, if the Client was under 18 at their last Consultation, until the Client turns 25, or for any longer period required by law. After that time they will be securely destroyed or de-identified.
f) The Client may ask to access or correct their Health Records. The Service Provider will respond as required by law and may charge a reasonable fee for providing access (but not for making the request). On the Client's written request, the Service Provider will promptly transfer a copy of the Client's Health Records to another practitioner.
g) If the Service Provider closes, relocates or sells its practice, it will manage or transfer Health Records in accordance with the law and tell the Client how to access them.
h) If a data breach occurs that is likely to result in serious harm to the Client, the Service Provider will notify the Client and the Office of the Australian Information Commissioner as required by law.
i) The Client must tell the Service Provider promptly of any change to their contact or payment details. Where the Client provides Personal Information about another person, the Client confirms they are authorised to do so.
20. MARKETING, CONSENT AND WITHDRAWAL
a) By accepting this Agreement, the Client consents to receiving Marketing Communications from the Service Provider, including newsletters, updates, offers and information about its services and programs, by email and SMS. The Client may unsubscribe at any time under clause 20(g).
b) In line with the Professional Standards, the Service Provider will not ask for, publish or use testimonials, reviews or stories about the clinical aspects of the Services (including the Client's health, treatment or results), or before and after images, in any advertising or promotion. Any consent in the Proposal about reviews is limited to the Client's non-clinical experience. Any images and language used in the Service Provider's advertising will be size-inclusive and non-stigmatising.
c) The Service Provider will not disclose that the Client is or was a client, or publish any information or image of or about the Client (even if the Client is not named), without the Client's written and informed consent in the Proposal.
d) The Service Provider will not use the Client's Health Information to choose or tailor Marketing Communications. The Client's consents about reviews, photos, case studies and sharing information with their treating team are recorded in the Proposal. Each of those consents is voluntary and separate, and giving or refusing any of them is not a condition of receiving the Services and will not affect the Client's care, Fees or access to appointments.
e) Every Marketing Communication will identify the Service Provider and include a simple, free way to unsubscribe.
f) Service Communications are not Marketing Communications. The Service Provider will keep sending Service Communications while it provides the Services, and they will not contain promotional content.
g) The Client may unsubscribe from Marketing Communications, or withdraw or change any consent given in the Proposal, at any time, free of charge, by using an unsubscribe link, replying to any message, or telling the Service Provider in writing or in person. The Service Provider will not require the Client to log in, create an account or give further personal information to do so.
h) The Service Provider will action an unsubscribe request within 5 Business Days, and any other withdrawal as soon as practicable and in any event within 10 Business Days.
i) Where the Client withdraws consent to the use of their review, photo, video or case study, the Service Provider will remove it from websites, social media accounts and other channels it controls within 10 Business Days and will not use it in any new material. The Client acknowledges that the Service Provider cannot recall material already printed or distributed, or copies made by others, before the withdrawal, but the Service Provider will take reasonable steps to request removal where it can.
j) Withdrawing consent does not affect anything lawfully done in reliance on that consent before it was withdrawn, and does not change the Fees or give rise to any penalty.
k) The Service Provider will keep a record of the Client's Consent Preferences and any changes, and will not contact the Client to encourage them to give a consent they have withdrawn. The Service Provider may invite the Client to review their Consent Preferences during a Consultation or when a new Proposal is issued.
21. MUTUAL OBLIGATIONS
Each party agrees that:
a) they will comply with all Applicable Laws in connection with the Agreement; and
b) the other party is not liable for any failure to perform an obligation to the extent it is caused by the first party's failure to comply with its own obligations.
22. NO REPRESENTATIONS
a) No employee, agent or representative of the Service Provider has authority to bind the Service Provider to any oral representation or warranty about the Services.
b) To the maximum extent permitted by law, any representation or warranty not expressly contained in the Agreement does not form part of it.
23. WARRANTIES AND INDEMNITIES
a) Each party warrants that it has full power, capacity and authority to enter into and perform its obligations under the Agreement.
b) To the extent permitted by law, the Client is responsible for, and indemnifies the Service Provider against, any Claim to the extent it is caused by the Client knowingly giving false or misleading information.
c) Each party indemnifies the other against any Claim to the extent it is caused by that party's breach of this Agreement, negligence or wilful misconduct.
d) Subject to clause 24(a), neither party is liable to the other for any Consequential Loss.
24. LIMITATION OF LIABILITY
a) Nothing in this Agreement excludes, restricts or modifies any right or remedy under the Australian Consumer Law, or any liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence.
b) Subject to clause 24(a), and to the maximum extent permitted by law, the Service Provider's total liability for any Claim not involving death or personal injury is limited to the total Fees paid by the Client in the 3 months immediately before the event giving rise to the Claim.
c) To the extent permitted by law, the Service Provider is not liable for any loss or harm to the extent it is caused by the Client giving inaccurate or incomplete information, not telling the Service Provider about a relevant change in their health, deciding not to follow the Service Provider's advice, or the acts or advice of any other practitioner.
25. FEEDBACK AND COMPLAINTS
a) The Service Provider is committed to safe, respectful and high quality care and welcomes feedback at any time.
b) If the Client is unhappy with any part of the Services, the Client is encouraged to raise it with the Service Provider first at [insert complaints contact name, email and phone]. The Service Provider will acknowledge the complaint within [insert number] Business Days and aim to respond in full within [insert number] Business Days.
c) Making a complaint will not affect the Client's care or how the Client is treated.
d) If the complaint is not resolved, or if the Client prefers not to raise it with the Service Provider, the Client may contact Dietitians Australia (for complaints about an Accredited Practising Dietitian or a Dietitians Australia member) or the health complaints body in their state or territory, being [insert, for example the Office of the Health Ombudsman (Queensland)]. For concerns about how their personal information has been handled, the Client may also complain to the Office of the Australian Information Commissioner.
e) If something goes wrong in the Client's care, the Service Provider will be open and honest with the Client about what happened and what is being done about it.
26. ENDING THE SERVICES
a) The Client may end the Services at any time by written notice, subject to any notice period in the Proposal for stopping Care Plan payments. Clause 15 sets out what happens to Fees.
b) The Service Provider may end the Services by giving the notice set out in the Proposal.
c) The Service Provider may end or suspend the Services immediately by written notice if:
i) the Client has not paid an Overdue Amount within 7 days of a reminder;
ii) the Client breaches clause 7(f) or clause 8;
iii) the Client otherwise materially breaches this Agreement and does not fix the breach within 7 days of written notice;
iv) the Service Provider reasonably believes that continuing the Services may put the health or safety of the Client or another person at risk, or that the Client's needs are outside its scope of practice; or
v) the professional relationship has broken down to the point that the Service Provider can no longer provide safe and effective care.
d) Where the Service Provider ends the Services and the Client needs ongoing care, the Service Provider will, where appropriate, recommend other practitioners and, with the Client's consent, give relevant information to the Client's new practitioner.
e) The Client may end the Services immediately by written notice if the Service Provider materially breaches this Agreement and does not fix the breach within 7 days of written notice, or if the Service Provider no longer holds a credential stated in the Proposal. In that case clause 15(f) applies.
f) The Client may withdraw from a Group Program at any time, and clause 15(b) applies.
27. AFTER THE SERVICES END
a) The Client must pay any outstanding Fees within 7 days of receiving the final invoice, and the Service Provider must pay any refund due under clause 15(f).
b) The Client's access to any program portal, community space and Program Materials ends, except for personalised materials licensed under clause 17(c).
c) Health Records are kept in accordance with clause 19, and the Client may request copies at any time.
d) The rights and obligations which by their nature continue after this Agreement ends, including those about payment, refunds, Intellectual Property, artificial intelligence, Health Information, privacy, marketing consent, confidentiality, indemnities, limitation of liability, governing law and dispute resolution, continue to operate.
28. PARTICIPANT CONFIDENTIALITY
a) Where the Services include a Group Program or any group based delivery, each Participant must keep confidential all information shared by other Participants, including personal circumstances, Health Information, goals and experiences.
b) Participants must not disclose, share, screenshot, record or reproduce any information shared by another Participant, whether in live sessions, community platforms, direct messages or any other format.
c) This obligation applies during and after the Group Program and continues indefinitely for Health Information and other sensitive personal information.
d) A breach of this clause is a breach of clause 8, and clauses 26(c)(ii) and 15(g) apply.
29. FORCE MAJEURE
a) Neither party is liable for any delay or failure to perform its obligations under this Agreement to the extent it is caused by a Force Majeure Event.
b) The affected party must notify the other party promptly and use reasonable endeavours to resume performance as soon as practicable.
c) A Force Majeure Event does not relieve either party of any obligation to pay money already due.
d) If a Force Majeure Event prevents the Service Provider from providing the Services for more than 30 days, either party may end the affected Services by written notice, and clause 15(f) applies.
30. DISPUTE RESOLUTION
If a dispute arises about any aspect of a Contract, the party raising the dispute must give the other party written notice setting out the details of the dispute before starting legal proceedings. The Parties agree to:
a) negotiate in good faith for 14 days after the dispute notice is given;
b) use all reasonable endeavours to resolve the dispute; and
c) if the dispute is not resolved, refer it to:
i) mediation, if both parties agree to mediation and on a mediator; or
ii) a court or tribunal with jurisdiction to decide the dispute.
d) In responding to a dispute raised by the Client, the Service Provider will consider its merits and may, where appropriate, provide further Services, change the Services, give a full or partial refund, or explain why no remedy is offered.
e) Nothing in this clause prevents either party from seeking urgent relief, or prevents the Client from making a complaint under clause 25(d), contacting a regulator or exercising their rights under the Australian Consumer Law.
31. ILLEGALITY AND SEVERABILITY
So far as possible, a Contract will be read so that it is valid and enforceable. If any provision is found to be illegal, invalid or unenforceable:
a) that provision will be read down to the extent necessary to give it valid operation; or
b) if it cannot be read down, it will be severed, and the remaining provisions will not be affected.
32. CONFIDENTIALITY
a) Each party will keep confidential all Confidential Information obtained under any Contract and take reasonable steps to prevent its disclosure to others.
b) Each party will only use Confidential Information as necessary to perform a Contract. Confidential Information may be shared within a party's organisation only with those who genuinely need to know it and are bound by the same obligations.
c) These obligations do not apply to disclosure that is necessary to perform the Agreement, permitted under clause 19, required by Applicable Law, or of information that is publicly available through no fault of the receiving party.
d) These obligations continue for 5 years after the last disclosure, or indefinitely for Health Information and other sensitive personal information.
33. NON-EXCLUSIVITY AND OTHER CARE
a) The Client acknowledges that the Service Provider provides services to other clients.
b) The Client is free to see other practitioners and to seek a second opinion at any time. With the Client's consent, the Service Provider will cooperate with the Client's other treating practitioners.
c) Unless the Proposal expressly says otherwise, nothing in this Agreement creates an exclusive relationship between the Client and the Service Provider.
34. DELEGATION, REFERRAL AND SUBCONTRACTORS
a) The Service Provider may engage other people, such as other dietitians, locums, administration staff or guest presenters for Group Programs, to assist with the Services.
b) Dietetic Services will only be provided by practitioners with the qualifications, credentials, experience and scope of practice needed for the care involved, and the Client will be told in advance who will provide their care.
c) Everyone engaged by the Service Provider is bound by confidentiality and privacy obligations consistent with this Agreement.
d) The Service Provider remains responsible for the Services provided by the people it engages.
35. JURISDICTION AND GOVERNING LAW
a) The laws of the state or territory specified in the Proposal govern each Contract.
b) The Parties submit to the non-exclusive jurisdiction of the courts and tribunals of that state or territory and the courts competent to hear appeals from them.
36. ELECTRONIC COMMUNICATION
a) The Parties agree to communicate by electronic means, including email, SMS, messaging platforms, telehealth platforms and other online tools.
b) Electronic communication is not completely secure, as explained in clause 18(c). The Client may tell the Service Provider which communication methods they prefer it to use.
c) To the maximum extent permitted by law, the Service Provider is not responsible for loss or damage arising from the ordinary use of electronic communication, except to the extent caused by its negligence or wilful misconduct.
37. MISCELLANEOUS
a) Each party warrants that entering into this Agreement does not breach any other agreement it has with a third party.
b) The Service Provider is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties.
c) Each party is encouraged to raise any concern privately first so that it can be resolved. Nothing in this Agreement prevents the Client from publishing an honest review of their experience.
d) All notices must be in writing and sent to the email or postal address in the Proposal. A notice sent by email is treated as delivered on the day it is sent, unless a delivery failure message is received.
e) Except as provided in clause 11(f), any change to this Agreement must be agreed by both parties in writing.
f) The Client may not assign this Agreement without the Service Provider's written consent. The Service Provider may assign or novate this Agreement if it sells or transfers its practice, provided it gives the Client written notice and handles Health Records as required by law. If the Client does not wish to continue with the new provider, the Client may end the Services and clause 15(f) applies.
g) Headings are for convenience only. Words in the singular include the plural and vice versa. A reference to a person includes an individual, company, trust, partnership, association or other entity.