Last Updated: [11 November 2023].

1. Introduction
   • The Natural Nutritionist website and incorporated online store, located at https://thenaturalnutritionist.com.au/ (Website), ­is owned, controlled, and operated by The Natural Nutritionist Pty Ltd ACN 166 099 403 (Natural Nutritionist, we, our, and/or us).
   • As a condition of using the Website including purchasing any of our products on the Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.
   • If you do not agree with the Terms, you should stop using the Website.
   • We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.
2. What We Do
   • We run a Nutrition business called The Natural Nutritionist which offers consultations, advice, and products (the Business).
   • We are Nutritionists. As part of being nutritionists we provide advice around food, lifestyle changes and supplements.  We are not medical practitioners nor are we able to diagnose you with medical conditions nor prescribe you with prescription medicine.
   • Our Business sells the following goods and services via the Website (the Products):
     • Health related products
     • Supplements; and
     • Books
   • You may find out more about the Products we offer on the Website (link here).

3. More About Our Consultation Services
   • Please note the following regarding our Nutrition Consultations (Consultation Services):
     • We provide the Consultation Services in person and online via zoom.
     • We provide the Consultation Services for the following purposes:
       • Initial Consultation to discuss goals, medical history and current nutrition, training and lifestyle. This consultation is used to identify the major changes required for you; and
       • Follow Up Consultations to assist you with you evolving your nutrition goals and health journey,
     • We reserve the right (in our sole discretion) to refuse to provide you or continue to provide you with any Consultation Services if it becomes obvious to us that the services are not suitable for you (whereby we will provide a full refund of any fees paid by you for those services).
     • New clients or returning clients who have not attended a Consultation in the preceding 13 months, are required to book an initial program consultation as their first session with Natural Nutritionist., unless Natural Nutritionist otherwise agrees in writing.
   • Please note the following regarding rescheduling and cancelling our Consultation Services:
     • Where we are required to provide the Services online via video platforms or via telephone, if a suitable internet or phone connection is not able to be established, or if we deem your environment not to be appropriate to conduct a telephone or online consultation, we will offer to reschedule your appointment. If an appropriate time cannot be found, we agree to provide you with a refund.
     • Subject to clause 15 and unless we otherwise agree, no refunds are offered for change of mind or late cancellations within 36 hours of the start time of your booking.
     • Subject to clause 15and unless we otherwise agree, you are able to reschedule bookings without charge prior to 36 hours from the start time of your booking.

4. More About Our Programs
   • Please note the following regarding the Programs on offer (Programs):
     • We provide the Programs as a bundle offer of consultations.
     • We reserve the right (in our sole discretion) to refuse to provide you or continue to provide you with any Programs if it becomes obvious to us that the Programs are not suitable for you (where we will provide a full refund of any fees paid by you for those services).
   • Subject to clause 15 and unless we otherwise agree, no refunds are offered for change of mind for purchases of our Programs.

5. More About Our Supplements, Proteins and Oils
   • Please note the following regarding our Supplements.
     • We supply the Supplements to assist your nutritionally needs and support your overall wellbeing:
     • You must not use the Supplements if:
       • you are pregnant;
       • you are breastfeeding; and
       • you are taking other medications.

Please refer to each product for a full list of restrictions.

• Subject to clause 15 and unless we otherwise agree, no refunds are offered for change of mind for purchases of our Supplements, Proteins and Oils.

6. More About Our Other Products (Books & Start Kits)
   • Please note the following regarding our Supplements.
     • We supply the Other Products assist you in reaching your desired health goals.
   • Subject to clause 15 and unless we otherwise agree, no refunds are offered for change of mind for purchases of our Other Products.

7. Using Our Products Recommended By Us
   • You agree not to implement any treatment plan we provide to you (Treatment Plan), or act on any advice provided by us unless you fully understand it.
   • You acknowledge and agree that it is your sole responsibility to ask any questions or clarify any uncertainties before implementing any Treatment Plan or acting on any advice provided by us.
   • If you experience any pain or discomfort in connection with implementing our Treatment Plan or acting on any advice provided by us, you must immediately cease implementing the Treatment Plan and acting on our advice. If you experience any such pain or discomfort, you must contact us as soon as possible.
   • You agree not to provide our Treatment Plan to any other person. We assume no duty of care, and expressly disclaim all liability, in relation to any third parties.

8. Product Disclaimers

You acknowledge and agree that:

• We cannot guarantee that our Services will cure or aid your particular complaint or condition.
• We recommend treatments that we believe are likely (based on our training and experience) to be effective, but we cannot guarantee results.
• Subject to clause 15, by purchasing any Products from our Website, you agree and acknowledge that the Products:
  • are not intended for children or infants;
  • may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using or purchasing our Products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise.

9. Bookings
   • We accept booking requests (each a Booking Request) for bookings for our services (Bookings) from customers across the globe. You agree that these Terms apply to all Bookings and are binding on you.
   • Booking Requests can be placed as follows:
     • For Consultations and Programs:
       • Through our Website at: https://thenaturalnutritionist.com.au/book-appointment/
       • By email to hello@thenaturalnutritionist.com.au
       • By phone to 0407 736 463]; and
       • By direct messaging us on our Instagram: @thenaturalnutritionist
     • Other booking methods may also be available to you from time to time.
     • You are required to pay a 50% deposit before you can book an Initial Consultation or Initial Program Consultation (or other Services in the future, where required by us) (Deposit). Subject to clause 15 and unless we otherwise agree, we do not offer refunds on Deposits paid where you wish to cancel the relevant consultation for ‘change of mind’.
     • These Terms supersede all prior correspondence in relation to any Booking Request (verbal, written, graphic or otherwise). Any changes to Bookings may only be made with our approval.
     • While we try our best to fulfil all Booking Requests and Bookings, you agree that we have the right to accept, reject or cancel a Booking Request or Bookings for any reason at any time, and all Booking Requests are subject to availability of the relevant Products. If we cancel a Booking which has been paid for but not yet delivered, we will provide a full refund of all monies paid to us in relation to the cancelled Booking.

10. User Accounts
    • We may assign you (or you may be required to nominate) a username and/or password and account information in order for you to access and use certain areas of the Website and Products (User Account). Each time you use your User Account, you will be deemed to be authorised to access and use the Website in accordance with the Terms.
    • It is your sole responsibility to protect the security and confidentiality of your User Account and for all activities on the Website using the User Account, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your User Account.
    • You must immediately notify us of any unauthorised use of your User Account or any other actual or threatened breach of the Website’s security that you may be aware of.
    • We may revoke or suspend your use of your user account if you breach these Terms, or for operational purposes relating to Business.

11. Pricing And Ordering
    • We accept orders (each an Order) from customers within Australia and New Zealand.
    • Orders can be placed as follows:
      • For Consultation Services: Online.
      • For Programs: Online
      • For all other Products on our Website.

Other ordering methods may also be available to you from time to time.

• Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change Product and shipping pricing (if applicable) at our discretion and at any time by giving you notice by email, conventional mail or by posting it on our website. For future orders, these terms may be different and so we recommend you read these terms carefully each time you agree to them. We will not change any terms and conditions for an existing order that has been accepted by us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed the order.
• Unless otherwise stated, all prices are in Australian Dollars. GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total where legally required and you are purchasing within Australia.
• By placing an order via the Website, you are offering to purchase the Products on and subject to these Terms.
• While we try our best to fulfil all Orders and subject to us adhering to our obligations under these Terms, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Products. If we cancel an Order which has been paid for but not yet delivered, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
• An Order confirmation will be sent to you in acknowledgement of receipt of your Order. * This document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.
• To purchase Products via our Website, you must use a valid credit and/or debit card. We use Stripe, a third party payment processor, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment. We may offer other payment methods to you from time to time.
• We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:
  • Promotions apply to full priced items only;
  • Only one discount code can be used in connection with an Order;
  • Discount codes cannot be used in conjunction with any other offer;
  • Discount codes are not transferable;
  • Discount codes must be used by the date specified (where applicable);
  • Promotions cannot apply retrospectively to previous Orders; and
  • We may change or cancel any Promotion at any time and at any time by giving you notice by email, conventional mail or by posting it on our website, within our sole discretion.

12. Delivery of Products
    • Your Orders will be delivered to you by Australia Post.
    • We aim to process and ship your Order within 2 days (dependant on stock levels) of the Order being placed.
    • When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.
    • Any date or period of time given by us in relation to the delivery and shipping of Orders (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not delivered or shipped within the estimated time frame. We will notify you via email if there are any significant delivery or shipping delays in relation to your Order
    • All Products that need to be shipped are posted via Australia Post and other suitable delivery partners as determined by us from time to time. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.
    • Once an Order is delivered or dispatched for delivery, you are able to email us for the tracking information.
    • We kindly request that you inspect all Products upon delivery to confirm they are what you ordered.
    • With respect to the purchased Products, we further request that you examine the Products at delivery to check whether they have any faults or defects. If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact hello@thenaturalnutritionist.com.au

13. Title And Risk
    • Title in the purchased Products comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us. No Intellectual Property rights in any Products comprising an Order transfer to you under this clause, and we refer you to clause 14  
    • To the extent permitted by law, all risk of loss or damage to the purchased Products passes to you when the Order is delivered to you at your nominated delivery address.

14. Intellectual Property
    • The Natural Nutritionist is a trademark of The Natural Nutritionist Pty Ltd Other product and company names displayed on the Website may also be trademarks of their respective owners.
    • We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website and our Products (Content).
    • While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Content for any other purpose.

15. Australian Consumer Law
    • Our goods and services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.
    • Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

16. Refund Policy For Change Of Mind

Subject to your rights under clause 15 above, we do not offer refunds for returns due to ‘change of mind’.

17. Returns Policy For Faults And Incorrect Products
    • If you believe any of the Products purchased on or through the Website are faulty, defective, have a problem or are not what you ordered, please notify us by email at hello@thenaturalnutritionist.com.au (this is referred to as a Fault Notice) with the following information:
      • Customer name;
      • Date of purchase;
      • Order number;
      • Product(s) being returned;
      • Reason for return;
      • Photos of any fault or defect (if applicable); and
      • The outcome you request.

• So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 14days of the Products being delivered to you.
• Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:
  • Where we agree there is an issue with your Product, we will ask you to return the Product to us and you will be entitled to receive a remedy listed below; and
  • Where we are unable to determine whether there is an issue with your Product, we will ask you to return the Product to us for further assessment.
• Where a Product is returned under clause 17 and the Product is not the Product ordered, you are entitled (at your election) to a replacement Product to the same value or a full refund and we will pay for return shipping costs.
• Where a Product is returned under clause 17 and the Product has a minor or major problem (as defined in the Australian Consumer Law), you are entitled (at your election) to a replacement Product to the same value or a full refund and we are responsible for paying return shipping costs.
• Please refer to the Australian Consumer Law for your rights as a consumer in relation to the purchase of Products via our Website.

18. Limitation Of Liability
    • To the extent permitted by section 64A of the Australian Consumer Law, our liability to you for any Loss or Claim suffered by you under these Terms including in respect of our failure to comply with any Consumer Guarantees, is limited to (at our election):

For goods to any one of the following:

• The replacement of the goods or the supply of equivalent goods;
• The repair of the goods;
• The payment of the cost of replacing the goods or of acquiring equivalent goods; or
• The payment of the having the goods repaired.

For services to any one of the following:

• Supplying the Services again; or
• Paying the cost of having the Services supplied again.

• Subject to clause 15 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:
  • Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from:
    • your use of or reliance on this Website (including all Content), however incurred;
    • any periods of downtime, suspension or revocation of access to the Website (or any part of it);
    • delays to, interruptions of or cessation of the Website (or any part of it);
    • errors or omissions in the Website (or any part of it);
    • any material or information supplied on or removed from the Website including the Content;
    • your use of the Website (or any part of it), including use in breach of the Terms;
  • We do not make any representations, warranties or guarantees in relation to the supply of goods or services by us via the Website; and
  • We hereby disclaim all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website except for where it arises from or in connection with unlawful, negligent, or fraudulent acts or omissions by us.

19. Personal Information
    • We are committed to the transparent management of your personal information.
    • So that we can fulfil your Orders, we will need to collect certain personal information from you.
    • We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

20. Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the Products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

21. Indemnity
    • You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.
    • We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

22. Governing Law
    • The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.
    • If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.
    • This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

23. Definitions
    • Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
    • Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
    • Force Majeure Event means an act of god, war, natural disaster, pandemic, global financial crisis, financial crisis, injury or illness, death in the family, government shutdown or similar restrictions, hacking, viruses, internet connectivity issues, power outages and any other cause not reasonably within the control of the party affected.
    • Intellectual Property means all rights in relation to trade marks, copyright, patentable inventions and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, techniques and confidential information.
    • Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.