TERMS OF USE & DISCLAIMER

Welcome to our website. This website with URL address www.wisedietetics.com.au is owned and operated by Kristy Wiseman, ABN 97 262 804 037, trading as Wise Dietetics in Australia.

The terms' us' or 'our' or 'we' refers to Kristy Wiseman of Wise Dietetics, the owner of the website, whose registered office is in Queensland, Australia. The term 'you' or 'your' refers to the website user.

Wise Dietetics is a business providing nutritional consultation services (both initial and review) specialising in fertility and women’s health nutrition. Content available on this website relates to the programs and services offered as well as general nutrition information.

Please read these Terms and Conditions carefully, together with our Privacy Policy; as it sets out your important rights and obligations in relation to:

  • the use of this website

  • all services and products provided through this website.

​Should you not agree with any of these terms and conditions, please do not use our website.

​Your use of this website is subject to the following terms and conditions:

​When you visit this website and use our services or purchase our products, you agree that you have read these terms and all related documents and that you are willing to be bound by them.

The content of this website is for your general information and use only. It is subject to change without prior notice.

Variation

We may update our terms and conditions from time to time, and the new provisions will apply from the date they are updated.

Fees and Invoicing

You agree to pay the fees outlined in the invoice issued by Wise Dietetics. 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 Wise Dietetics and by the due date specified on each invoice. Full payment must be received prior to the initial consultation as outlined in the invoice, and by means specified in the invoice.

You agree that if you default on any payments due and payable under these terms and conditions, any costs incurred by Wise Dietetics for steps taken to enforce payment terms and conditions will be recoverable and payable by you.

You acknowledge and agree that Wise Dietetics 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.

Disclaimer (Services)

You agree that when you purchase the services offered by Wise Dietetics, 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 Wise Dietetics relationship with you, its educational materials and interactions with you. As such, you agree that Wise Dietetics 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 Wise Dietetics 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 Wise Dietetics.

Disclaimer (General)​

The information available through this website site is provided for general business interest or general education purposes only.

​You are solely responsible for any results you obtain as a result of using the information on this website.

You acknowledge and agree that no information or advice provided by us, including that contained on this website, in any way constitutes health advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.

​This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

Whilst every care is taken, Wise Dietetics does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

​Bookings and Cancellations

Bookings for the services are made via the booking system provided on the Wise Dietetics website or via e-mail or phone contact.

You must notify Wise Dietetics of an intention to cancel the services as soon as practicable through e-mail to wise.dietetics@gmail.com and abide by the Wise Dietetics cancellation policy below*.

* 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.

Wise Dietetics may change the cancellation policy at any time without notice, and bookings made before the change will not be affected.

Warranty

Wise Dietetics 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, Wise Dietetics 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 Wise Dietetics. 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.

Copyright, trademarks and other intellectual property

Wise Dietetics owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.

You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

Please email wise.dietetics@gmail.com if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.

​You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.​

Personal use only

​You may access, download, or print material from the website for your personal use only.

Sharing any intellectual property or copyright material from this website for commercial use of any sort without permission is expressly prohibited.

​You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

​No unlawful or prohibited use

​As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.

You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person's use and enjoyment of this website.

​You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • engage in any internal or external spamming, or other similar actions

  • engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions

  • decompile, reverse engineer, or try to copy or imitate this website or underlying content

  • use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software

  • use data collected from the website for any direct marketing activity (including without limitation, email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing)

  • use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

Copyright infringement

​If you believe that there is material on our website that infringes third party intellectual property rights, please email wise.dietetics@gmail.com with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Wise Dietetics website if appropriate.​

Cookies

​This website uses cookies to monitor browsing preferences.

​By using our website or by agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

​​Third-party links

​This website may also, on occasion, include links to other websites which are not controlled by us.

These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.

​Third-party links on our website do not signify that we recommend or endorse the websites.

We have no control over the nature, content and availability of those websites.​

Website security

Wise Dietetics makes every effort to maintain the security of the Wise Dietetics website, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

Wise Dietetics disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

The Wise Dietetics website is managed by third-party services; therefore, the website may be inaccessible from time to time.

​Limitation of Liability

​Wise Dietetics will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements and consumer guarantees contained in the body of law known as Australian Consumer Law.

​Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.​

Indemnity

You agree to indemnify and defend Wise Dietetics from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of this website or products or services included or advertised on this website

  • your breach of these Terms of Use.

Applicable law

​This agreement is governed by the laws of the State of Queensland and you consent to the exclusive jurisdiction and venue of courts within Queensland, Australia, in all disputes arising out of or relating to the use of this website.

You may provide notice to us by emailing wise.dietetics@gmail.com

Wise Dietetics may provide notice to you via email or other electronic means.

​Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.​

Relationship

​You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wise Dietetics as a result of this agreement or use of this website.

​

​Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions, together with our Privacy Policy, form the entire agreement between you and Wise Dietetics.

​​Feedback, comments or complaints

​If you have any questions, please email wise.dietetics@gmail.com We endeavour to respond to all inquiries within three business days.