Terms and Conditions
These Terms and Conditions govern the relationship between the parties involved in the provision of nutrition consultation services.
BETWEEN THE PARTIES
DietitianChong Pty Ltd (ACN: 613 884 398) trading as Pristine Fertility in Australia.
You are the client, and Your details are set out on the Client Details Form.
Pristine Fertility specialises in providing nutrition consultation services specifically focused on reproductive health conditions. This includes optimising fertility, as well as offering comprehensive care during pregnancy and the postpartum period. These services encompass both initial and follow-up nutrition consultations (“the Services”).
By engaging Pristine Fertility for these services and continuing to work with us following the receipt of these Terms and Conditions, you, the client, acknowledge, accept, and agree to adhere to these Terms and Conditions.
These Terms and Conditions should be read in conjunction with the Invoice provided to you at the time of issuing these Terms and Conditions (“the Invoice“).
2. The Engagement
Pristine Fertility agrees to perform the Services for You, for the Fees, as set out in the Invoice.
Pristine Fertility agrees to commence the Services upon acceptance of these Terms and Conditions, and upon payment of the required fees as invoiced to You.
Pristine Fertility will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Services (the ‘Refund‘).
3. Fees and Invoicing
You agree to pay the fees outlined in the invoice issued by Pristine Fertility. The fees for our services may be adjusted over time as mutually agreed in writing (including via email), especially if there are changes in the scope or nature of the services provided.
Payment of fees should be made upon receipt of an invoice from Pristine Fertility and by the due date specified on each invoice. Full payment must be received prior to the initial consultation. We use Stripe to process your credit or debit card payments securely.
You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by Pristine Fertility for steps taken to enforce payment Terms and Conditions will be recoverable and payable by You.
You acknowledge and agree that Pristine Fertility is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
Unless otherwise stated, all prices are in Australian Dollars (AUD) and do not include Goods and Services Tax (GST), as defined in A New Tax System (Goods and Services Tax) Act 1999. GST is not applicable for services provided outside of Australia.
4. Services Disclaimer
You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Pristine Fertility’s relationship with you, its educational materials and interactions with you. As such, you agree that Pristine Fertility is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
You agree to release and discharge Pristine Fertility from and against all claims arising out of or in connection with the provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant who has received a Service from Pristine Fertility.
5. Bookings and Cancellation
Bookings for the Services are made via the booking system provided on the Website of Pristine Fertility or through e-mail or phone contact.
You must notify Pristine Fertility of an intention to cancel the Services as soon as practicable through e-mail to [email protected] or phone and abide by the following (‘Cancellation Policy’).
Should You wish to reschedule or cancel a booking, a minimum of 2 days’ notice is required. If You need to reschedule or cancel Your booking in less than 2 days, You will be required to forfeit the booking and pay a $50 cancellation fee.
Pristine Fertility may change the Cancellation Policy at any time without notice, and bookings made before the change will not be affected.
Pristine Fertility is committed to delivering high-quality services and will exert its best efforts and take all reasonable steps to assist you in achieving your desired results. However, Pristine Fertility does not guarantee that the services provided will meet every client’s specific requirements or ensure identical results for all clients.
Our services are subject to certain guarantees that cannot be excluded under the Australian Consumer Law. In the event of a major failure with the service, as defined under this law, you have the right to terminate your service with Pristine Fertility. In such cases, you may be entitled to a refund for the portion of the service not used or compensation for its diminished value. Major failures in this context include situations where a service is significantly unfit for its intended purpose or poses a safety risk.
Pristine Fertility’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
8. Disclosure and Use of Confidential Information
Pristine Fertility respects the confidentiality of your information and may only disclose it under certain conditions:
- With your prior consent, Pristine Fertility may share confidential information with its staff and authorised health service providers or for purposes related to practice research, quality assurance, and improvement activities.
- Apart from the above-mentioned scenario, these Terms and Conditions restrict both parties from disclosing confidential information, except in the following circumstances:
- Disclosure to a professional adviser for the purpose of obtaining advice related to this Agreement is permissible, provided the other party has consented to such disclosure.
- Disclosure is compelled by applicable law or regulatory requirements.
- The confidential information is already public knowledge through no fault of the disclosing party.
This clause ensures that all sensitive and private information is handled with utmost care and disclosed only when absolutely necessary and appropriate.
9. Dispute Resolution
If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to these Terms and Conditions claiming a dispute (the ‘Dispute‘) has arisen under these Terms and Conditions, 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 (‘the Notice’).
On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or other means upon which they may mutually agree.
If the Dispute remains unresolved 21 days after serving the Notice, both parties must either mutually agree upon a mediator or request the appointment of a mediator by the President of the Law Society of Queensland. The mediation is to take place in Queensland, with the specific venue to be mutually agreed upon.
The costs for the mediator and the venue are to be shared equally between the parties. Each party is responsible for their own costs associated with the mediation. All mediation-related discussions are to be confidential and conducted on a ‘without prejudice’ basis.
In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
10. No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
11. Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of Australia. In the event of any dispute arising out of or in relation to the Services, Pristine Fertility agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
13. Entire Agreement and Modifications
Both You and Pristine Fertility confirm and acknowledge that these Terms and Conditions and the Invoice constitute the entire agreement between You and Pristine Fertility and shall supersede and override all previous oral or written communications between the parties.
Last updated January 2024.