This Agreement is between McBass Pty Ltd trading as Nutritionista (ABN 88 663 821 529), its successors and assignees, (referred to as “we”, “us” or “our”), and the individual who uses or purchases any services (Services) or related products from us (referred to as “you” or “your”), and collectively the Parties. Our Services are available at www.nutritionista.com.au (Site). These Terms and Conditions (Terms) form the agreement under which we will supply Services to you. Please read the Terms carefully. Please contact us if you have any questions. Our contact details are below and at the end of these Terms & Conditions.
If you have any questions or need further information, please contact Megyn Hayes at firstname.lastname@example.org
This document sets out the Terms and Conditions you need to be aware of when using this website and when using our services. Please take a moment to read them, as they set out your important rights and obligations. When you visit this website, use my services, or purchase my products, you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase from me. All products and services advertised on this website are offered in full compliance with Australian Consumer Law.
On this website you will find information on evidence-based science, nutrition, hormone health, women’s health, paediatric health, birth services and postpartum care, education, and service. This information is provided solely for the purpose of imparting knowledge and education.
Please be aware that the information and services provided within our site are not a substitute for professional medical attention, examination, diagnosis, treatment, or advice. You are responsible for consulting a medical professional before using any of the information or materials contained or accessed through this website, before commencing any new regimes, making alterations to your diet, trying any treatment, or taking any course of action that may directly or indirectly affect your health or wellbeing.
Any testimonials and promised results I may display on this website are based on my experience and those of my previous clients. They are no guarantees that anyone else will achieve the same results. We do not guarantee any specific results.
The contents of online courses are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition, and before undertaking any diet, dietary supplement, exercise, or other health program. Nutritionista and its employees and contractors are not responsible for any adverse effects resulting from the use or reliance on any information contained in any course.
I expect you to take responsibility for your own your health and wellbeing, using your common sense and knowledge of your own personal circumstances to consider the information and advice offered on this site. You take full responsibility and risk for making any decision based on information on our website or in using our services (including any online articles within our blog, consultations, eCourses, workshops, eBooks, products, and all goods and services that may be accessed through our website from time to time).
You hereby agree to irrevocably release and waive any claims you may have now or in the future against me and I take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
We expect you to contact us if you have any specific questions about the information, services, products, and that is offered on our site or social media platforms.
Cancellation and Rescheduling Policy
You may cancel or reschedule your appointment without charge at any time up to 24 hours before your appointment, this allows us time to reallocate your appointment to another client.
Cancellations or reschedules within 24 hours of your appointment time will be charged 50% of the scheduled service fee. Failures to attend or contact Nutritionista via email before your appointment time and any no-shows will forfeit the full cost consult.
Any outstanding fees due to late cancellation or rescheduling must be paid within 7 calendar days (including weekend). A late fee of $45 will be applied after this date. If payment is not received 14 within calendar days of initial scheduled appointment, then your debt will be referred to our debt collection agency where it will incur all collection costs associated.
*Please note, that for all appointments on a Monday, adequate notice must be given to Nutritionista by email by 5pm on the Friday prior is required due to the scheduling system is not attended to by any staff over the weekend.
We understand that life happens, and if you or your infant are ill prior to your postpartum care appointment, or otherwise experiencing any unforeseen circumstances, you must contact us immediately and we will assess on a case by case basis and the outcome will be at our own direction. Please note that deposits paid for consultations are non-refundable.
You are responsible for recording your appointment in your diary and calculating your local time conversion.
We utilise Square to collect payment online, and PayPal on occasion. We do not keep any record of customer credit card details. On occasion, we can accept offline bank transfers.
All our consultations, services and products are as listed on our site, that are to be paid up front or via a prearranged payment plan.
We charge in Australian dollars (AUD). We are registered for GST.
As with any physical activity or dietary program, it is important that before beginning any fitness or dietary regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
Private Health Insurance Policy
The amount you can claim for nutrition consultations with your private health insurer will depend on your level of cover. You can enquire with your private health insurer prior to your consultation if you wish. We email out weekly invoices (generally on a Friday afternoon) but only after the consultation has been conducted and paid for in full.
Specific Disclaimer – Online Material, eCourses, eBooks & Programs
Any information, statements and/or the provision of resources or products during any Nutritionista online (inclusive of online events, eCourses, eBooks, programs, etc) and physical workshops are not intended to diagnose, treat, cure or prevent any disease or health condition. They are not a substitute for proper medical advice and must not be relied upon in this way. Always consult a qualified health practitioner for individualised advice before using any of the information or products provided at an event for yourself or your family or friends.
Specific Disclaimer – Postpartum Food Services & Preparation
As qualified postpartum doula with a food handling certificate, we have, to the best of our ability, ensured that the food I prepare is suitable for the typical postpartum woman’s needs. I follow food safety standards to ensure that the food I make is safe to consume. Information relating to common allergens is discussed prior and careful consideration is always applied.
It is your responsibility to ensure that the food I make is suitable for any specific needs you have. If you have a dietary requirement, it is up to you to declare this information to me PRIOR to its requested purchase (if applicable). It is up to you to store the food I prepare for you appropriately (for example, refrigerated and used within the stated time frame) using your common sense.
The entire content of this site is protected by copyright. No portion of this website may be copied or replicated in any form without my prior written consent. Content on social media linked to this site may be used if we express written consent is provided beforehand only.
All works, blog contents and materials that we provide to you during consultations and postpartum services rendered contains material which is owned by or licensed to us, or owned by third parties, and is protected by Australian and international laws (Materials). We own the copyright in all creative and literary works incorporated in our Materials that we have created.
You do not have permission to and cannot breach our copyright or intellectual property rights by, including but not limited to altering/modifying any materials, the creation of derivative works from our materials, use our materials for commercial purposes such as on sale to third parties. No part of our material may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred to any third party without our prior written consent. This is strictly prohibited.
Links to Other Websites
I may provide links to other websites and programs. This does not necessarily imply sponsorship, endorsement, approval, or arrangement between www.nutritionista.com.au and the owners of those websites. I take no responsibility for any of the content found on the linked websites. When I link to a third party, I am making a recommendation only and I accept no responsibility for any information or advice provided to you directly by the third party.
Postpartum Visits and Additional Travel Required
When you purchase a casual postpartum visit or postpartum service package, the price of travel within 30km travel each way of our address (within Wallan VIC 3756) is included in visit/package price. There is a nominal fee incurred for every 10km travelled outside of that distance. If your address is located outside of this zone, or if you are unsure, please contact us at email@example.com for an accurate price prior to purchase. If this is not done and a visit or package is purchased, then an invoice for all additional travel costs will be incurred and will be payable before our first visit can be made.
For our in-home postpartum doula support, we deliver all support and services in your home. After booking a package, we will request a time to phone you, meet with you online or to meet up in person to discuss your needs and service requirements prior to our first visit.
Because the health of my clients and their families are our main priority, if we are ill or otherwise unable to attend, you will be contacted immediately and we will endeavour to reschedule your session at a mutually suitable time.
Shipping and Delivery
All digital (online) products are delivered/available immediately via our delivery provisions. Occasionally our providers may incur a delay, which we are not responsible for. Please be aware there are inherent risks associated with downloading any software and digital products. Should you have any technical problems downloading any of our goods, please contact us so we can do our best to assist you.
Returns & Refund Policy – Nutrition Consultations
We offer full refunds on consultation cancellations prior to 24 hours of the scheduled consult. This is strictly to allow time to reallocate your appointment to another client. If you cancel within 24 hours of your nutrition, postpartum or any other listed appointment, or fail to attend or be available for a booked appointment, we reserve the right to retain the prepaid consultation fee, or issue a cancellation fee of 50% of the consultation cost, at our discretion.
We do not offer refunds on any of our scheduled nutrition consultations where we have provided advice, service or support. Like any other business, we expect to be paid for our time, prior education, and efforts. In the unlikely event that a nutrition consult is cancelled by us, a full refund is applicable.
Returns & Refund Policy – Digital Products with immediate access – all eCourses, eBooks & online programs
We do not offer any refunds or allow returns on any digital products. All sales are final. Please choose your digital/online products carefully before completing your order, as no refunds, credits or transfers are available for these purchases.
Returns & Refund Policy – Digital Courses with ongoing access – The Flow Lab 12wk eCourse
For those of you that still can’t decide, rest assured that Nutritionista (Hayco Industries Pty Ltd) complies with Australian Consumer Law in regard to refunds. We are not required to provide a refund if you change your mind about the online/digital course, program or product/s that you chose to purchase or enrol into.
However, while course fees are non-refundable, students may have extenuating circumstances that prevent them from undertaking their course. Where evidence can be successfully provided to support the student’s circumstances, course fees may be refunded or partially refunded pending approval from the Managing Director as per the following:
- A full refund is permitted if the enrolment is cancelled prior to the commencement date and if access to resources has not been provided yet.
- A 50% refund is permitted if the enrolment is cancelled within 7 days of purchase.
- No refund will be provided after 7 days of the online/digital course, program or product/s purchase.
- No refund will be provided where work or assessment has been saved or submitted.
- Refunds usually take 5 to 10 business days to process, depending on your banking institution.
- Printed materials are non-refundable.
This decision of assessing the extenuating circumstances rests with the Managing Director and shall be assessed on a case by case situation. To apply please email firstname.lastname@example.org and attention your email to the Managing Director.
Returns & Refund Policy – Workshops & Events
Please note we do not offer any refunds or credits for any of our scheduled workshops/events. You are welcome to transfer your ticket to someone else if you can no longer attend – please advise us of this so we can update our records.
If an event cannot go ahead at due to circumstances beyond our control, a reasonable alternative will be provided at a comparable day and time. Attendees will be notified in advance in the unlikely event that this occurs.
Returns & Refund Policy – PostPartum Care Packages
We offer a full 100% satisfaction guarantee to clients who change their mind within a certain time frame for all of our postpartum packages, not including casual postpartum care bookings.
If you change your mind and wish to cancel our postpartum package services, you may do so within 24 hours after booking and paying in full online. If you change your mind after this time but before your first session, we can offer you a 75% refund only. After your first postpartum session, we do not offer any further discounts or refunds.
If at any time you are unhappy or dissatisfied with our level of service, we expect that you inform us via phone, email or in writing. Our aim is to remedy this so that you gain the most out of our service to you. We strive to provide acceptable care, knowledge and education to eliminate any risk of harm, we intend to provide the service that we outline on our site and we aim to deliver such service within a reasonable time-frame such as our appointment time/s.
As a further condition of using our website (www.nutritionista.com.au), you must indemnify Nutritionista against all quantifiable and reasonable loss and/or damage suffered by Nutritionista, whether based in negligence or any other tort, contract, statutory liability or otherwise, as a direct result of your breaching a term of these Terms and Conditions.
Jurisdiction and Dispute Resolution
Nutritionista is located within the state of Victoria and this agreement is subject to the governing laws of VIC and Australia. If you have any issue or complaint arising out of your use of my services, we agree to make a genuine effort to resolve the dispute through negotiation and discussion.
If we are unable to resolve a dispute by negotiation and discussion within 14 days, the parties must proceed to mediation with the assistance of an accredited mediator who is independent of the parties. We agree to share the costs of mediation equally between us. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
Nutritionista shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, quarantine, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
Amendment of Terms
We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly to ensure you are aware of any changes. We endeavour to highlight any significant or substantive changes to you if possible. If you choose to use our site and listed services, then we regard that use as conclusive evidence of your agreement and acceptance that these terms govern our rights and obligations to each other.
If you have any questions or need further information, please contact:
Megyn Hayes at email@example.com or on 0400 909 818.
Last updated: February 28, 2023
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