Terms & conditions.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Welcome to our website - www.nourishingco.com. The Nourishing Co. website is operated by Debora Judah (ABN 96 144 192 212). By continuing to browse and use this website signifies that you have read, understood and are agreeing to comply with and be bound by the following Terms & Conditions of use, which together with our Privacy Policy, govern Nourishing Co. relationship with you in relation to your use of this website or any of its associated products or services. If you do not agree with the terms, you must cease usage of the website, or any of the services, immediately.
Note that for the purposes of the below mentioned terms and conditions, “us”, “our” and “we” refers to Nourishing Co. and “you” and “your” refers to you, the client, visitor, or person using our website.
AMENDMENT OF TERMS
Nourishing Co. reserves the right to review and change any of the terms by updating this page at its sole discretion. Please check these terms regularly prior to using our website to ensure you are aware of any changes. Nourishing Co. will endeavour to highlight and provide you with notice of any significant or substantive updates to the terms where possible. Any changes to the terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the terms for your records.
ACCEPTANCE OF THE TERMS
By remaining on the website signifies that you understood and accept the terms . You may also accept the terms by clicking to accept or agree to the terms where this option is made available to you by Nourishing Co. in the user interface.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
The website, the services and all of the related products of Nourishing Co. are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) or the services are owned or controlled for these purposes, and reserved by Nourishing Co. or its contributors. All trademarks, service marks and trade names are owned, registered and/or licensed by Nourishing Co.
Nourishing Co. retains all rights, title and interest in and to the website and all related services. Nothing you do on or in relation to the website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Nourishing Co. 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 services or third party services for any purpose, unless otherwise provided by these Terms. 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 other form of electronic retrieval system. You may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
YOUR PRIVACY
Nourishing Co. takes your privacy seriously and any information provided through your use of the website and/or services are subject to Nourishing Co.'s Privacy Policy, which is available on the website.
GENERAL DISCLAIMER
Nothing in the 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.
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 the Terms are excluded; and
(b) Nourishing Co. (Debora Judah) 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 services or these terms (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity,pursuant to statute or otherwise.
Use of the website and the services is at your own risk. Everything on the website and the services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Nourishing Co. make any express or implied representation or warranty about the services or any products or services (including the products or services of Nourishing Co,) referred to on the website, 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Nourishing Co.; and
(d) the Services or operation in respect to links which are provided for your convenience.
LIMITATION OF LIABILITY
Nourishing Co.'s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Nourishing Co., its affiliates, employees, agents, contributors 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.
PAYMENT
Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(a) Electronic funds transfer(' EFT') into our nominated bank account
(b) Credit Card Payment ('Credit Card')
All payments made in the course of your use of the Services are made using Stripe or via the Practice Better platform. You acknowledge and agree that where a request for the payment of the services fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the services fee.
For individual consultations, 50% of the fee must be payed when booking the appointment and the remaining amount within 24 hours of the consultation completion.
For group purchases of workshops, 20% of the total fee must be paid on booking and the residual amount within 48 hours after presentation delivery.
For online courses and/or individual workshop tickets, 100% of the fee must be paid when purchasing access to the course.
You agree and acknowledge that Nourishing Co. can vary the services fee at any time .
REFUND POLICY
Nourishing Co. will only provide you with a refund of the services and/or online course fees in the event they are unable to continue to provide the services or if Nourishing Co. makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'refund').
CANCELATION POLICY
We respect that your time is valuable and we appreciate that you understand ours is too. Nourishing Co. is committed to providing all clients with exceptional care. When a client cancels without giving enough notice, they prevent another person from being seen and/or participating in a workshop.
For individual consultations, cancellations within 24 hours of appointment will incur the full consult fee. If the appointment is part of a pre-paid package deal, the appointment will be deducted in full from the package deal.
For group purchases of workshops, cancellations within 72 hours of presentation will incur a fee equivalent to 30% of the total price.
For individual workshop tickets, cancellations within 72 hours of presentation will incur a fee equivalent to 50% of the total price.
If local, state or federal government directives (such as lockdown) require your practitioner to cease face-to-face appointments for a period of time, current bookings will be offered the option of an online appointment or appointment reschedule (subject to availability) as an alternative.
TERMINATION OF CONTRACT
The Terms will continue to apply until terminated by either you or by Nourishing Co. as set out below.
If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Nourishing Co. via the 'Contact' link on our homepage.
(a) providing Nourishing Co. with 48 hours days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Nourishing Co. has made this option available to you.
Nourishing Co. may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Nourishing Co. is required to do so by law;
(c) the provision of the Services to you by Nourishing Co. is, in the opinion of Nourishing Co., no longer commercially viable.
Subject to local applicable laws, Nourishing Co. reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Nourishing Co.'s name or reputation or violates the rights of those of another party.
INDEMNITY
You agree to indemnify Nourishing Co., 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 Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
DISPUTE RESOLUTION
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 3 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation: If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
VENUE AND JURISDICTION
The Services offered by Nourishing Co. 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 Victoria, Australia.
GOVERNING LAW
The Terms are governed by the laws of Victoria, 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 Victoria, 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.
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.
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.
ADDITIONAL TERMS & CONDITIONS FOR METABOLIC BALANCE® PROGRAM
Entry to the Metabolic Balance® Program is subject to approval by your practitioner. The program may not suit everyone’s habits, lifestyle or circumstances, and your practitioner reserves the right to refuse access to the program to any person, without explanation. In addition, some health conditions may preclude you from accessing the program.
There are a limited number of appointments available in a week, and while every effort will be made to accommodate your own schedule, your program start date will be subject to availability of appointments.
Blood test results are conducted via a private pathology service, and a maximum time frame of 4 weeks is permitted in between the pathology test being performed, and the nutrition plan being created. Please be aware that certain test results may prevent you from participating in the program. If this is the case, the balance of your program fee will be refunded, less the current retail price of the blood test and the cost of 1 standard follow-up appointment in order to provide you with and discuss your results.
The Program is only available as a time-specific package including blood tests, nutrition plan, 1:1 sessions, starter pack, and electronic resources, and is not itemised, nor can it be broken down into individual components. As such, the Program fee is non-refundable, except in the case of pathology test results excluding participation. By entering into a Metabolic Balance® Program, you agree to pay the program fee in full, with balance for up-front payment option to be received by the clinic at least 48 hours prior to receiving the nutrition plan. Payment plans will be automatically charged via an external direct debit service and these need to be and authorised at least 48 hours prior to receiving the nutrition plan, and/or attending online group coaching sessions.
Your Program starts from the date of presentation of the nutrition plan. Any missed or unused appointments are non-refundable nor can they be credited to be used at a later date. While rescheduling of appointments is allowed, please be aware that these are subject to availability, and all appointments must be attended within a maximum time frame of your program length + 1 month (dated from the creation of the nutrition plan).
Program package prices & inclusions are subject to change without notice.