About these Terms

  1. The Trustee for My Nutrition Clinic Unit Trust (ABN 67 281 767 606), trading as My Nutrition Clinic (we, us or our) provides meal planning services (Services).
  2. Please read through the following terms and conditions (Terms). These Terms will form an agreement between you and us which will govern your use of the Services.
  3. The Services will consist of a meal plan created for you by our accredited practising dietitians. Your meal plan will be designed to help you meet your nutritional needs as well as help you work towards your health and wellness goals.
  4. By accessing and using the Services, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms. If you disagree with any of these Terms, please do not use the Services.

Use of the Services

  1. You acknowledge and agree that:

(a) the Services facilitate provision of information to you to help you meet your nutritional needs as well as help you work towards your health and wellness goals;

(b) the Services are not a diagnostic tool and are not designed to be used for the specific or sole treatment of any particular health condition or issue (Issue);

(c) the Services must not be used as a substitute for assessment, diagnosis and treatment by a medical practitioner in respect of any Issue you may have;

(d) if you have been referred for the Services by a medical practitioner or other health practitioner, you are responsible for attending any follow up appointments with this practitioner and adhering to their advice as they have directed;

(e) you must provide true and correct responses to any questions or questionnaires we provide you, and during any consultations we have with you, in connection with the Services;

(f) if you provide false or misleading responses to us in connection with the Services, this may affect you meeting any health and wellness goals you have and/or may result in injury and loss to you; and

(g) you are responsible for obtaining appropriate professional medical advice in relation to your health, should you have any concerns regarding any Issue you may have or otherwise in respect of your health, whether during or after your use of the Services.

  1. We may provide links to or information from third party applications or websites through the Services (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information.  Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.

Intellectual property

7.  Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Services, whether or not you contribute to such material.

8. We grant you a limited, revocable, and non-exclusive licence to access and use the Services for the purpose of helping you meet your nutritional needs as well as help you work towards your health and wellness goals. You must not access, use, republish, copy, sell, modify, or otherwise exploit (in full or in part) the Services for any other purpose without our express written consent.

Limitation of liability and indemnity

9. To the extent permitted by law, we are not responsible for and you release us from all liability in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: your breach of these Terms; and any failure by you to follow any recommended meal plans or other advice, recommendation or referral we provide as part of the Services. This limitation of liability will not apply to the extent that we are negligent.

10.To the extent permitted by law, you agree to indemnify us and hold us harmless against any claims, losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these Terms.

Privacy

11. We will handle your personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act.

12. If you have been referred for the Services by a medical practitioner or other health practitioner, you agree to us:

(a) collecting your relevant personal information and health information from your referring practitioner (such as your relevant medical history, medications and health goals); and

(b) sharing your relevant personal information and health information when reporting back to your referring practitioner (such as to confirm your engagement with the Services or for your continuing care by the referring practitioner),

but only to the extent this is necessary for you to engage with the Services or for your continuing care.  If you do not wish for us to share your information with your referring practitioner in such circumstances, please let us know.

13. In respect of any person/s other than you whose personal information you provide to us when using the Services, you warrant that you are authorised to do so and have obtained all necessary consents to provide this information under applicable privacy laws.

Miscellaneous

14. We may from time to time amend or update these Terms. You are bound by any such new Terms where you continue to use the Services after any such amendment or update of these Terms, where we have provided you with prior notice of the updated or amended terms.

15. These Terms are governed by the laws of the State of Queensland, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

16. If you access or use the Services in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.