Terms Of Service
If you do not accept these Terms, you must refrain from using the Website and the Services.
You consent to the giving of information for the purposes of these Terms by electronic communication (as defined in and for the purposes of the Electronic Transactions Act 2001 (NSW) and without limiting the generality of the foregoing, your consent and signature as to acceptance of these Terms will be completed by you ticking the acceptance box on our Booking Form/Patient Questionnaire.
In these Terms, the expressions “we”, “us” and “our” are a reference to Craig Franklin t/a Dietitian Services Online (ABN 68 235 267 730).
“AEDT” means Australian Eastern Daylight Time observed in summer in New South Wales, Australia.
“AEST” means Australian Eastern Standard Time observed in New South Wales, Australia at times other than when AEDT is observed.
“Client” means any person accessing the Website and/or using the Services provided on the Website and includes any parent or guardian of the Client who authorises the delivery of the Services to their dependent child.
“Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business information, know how, methods, methodologies, procedures, techniques, procedures and health information and personal information.
“Dietitian” means the person or persons who acts as a dietitian in the delivery of the Services to a Client on behalf of Dietitian Services Online.
“health information” has the same meaning as set out in the Privacy Act 1988 (Cth).
“Materials” means online course, videos, literature, written documents, questionnaires, email content, or other material which may be required to assist and enable the Services to be performed.
“My Health Records” means the database of health information operated by the Australian Digital Health Agency on behalf of the Australian Government.
“personal information” has the same meaning as set out in the Privacy Act 1988 (Cth) and includes your name, mobile phone number, email and residential address details.
“Services” means the nutrition and dietetic video consultations, provided by us on the Website and via COVIU videoconferencing software, which may include consultations in relation to a wide range of other medical conditions, such as:
– bariatric / weight loss surgery, weight management, oesophagectomy, gastrectomy, anti-reflux surgery, gall bladder removal, stoma’s, ileostomies, colostomies, intestinal resections, gastrointestinal stents, and pancreatic surgery (whipple’s procedures, pancreas resections), upper and lower gut surgery and colostomies, preparation and recovery from recent surgical procedures;
– Very Low Calorie Diets (VLCDs), gut disorders (IBS/IBD/Crohns, colitis and coeliac disease), undernutrition / malnutrition / Low body weight, COPD / respiratory disease, diabetes, heart disease, arthritis, orthopaedics, and cancer;
– chronic disease management, such as diabetes, insulin resistance, heart disease, respiratory disease, high cholesterol, high blood pressure, hypertension, fatty liver / alcoholic liver disease / liver failure, metabolic syndrome, digestive or stomach disorders, constipation and diarrhoea, Irritable Bowel Syndrome/FODMAP DIETS, and GORD;
– PCOS (Poly-Cystic Ovarian Syndrome);
– enteral and parenteral nutrition and intensive care;
– food allergies, food intolerances/RPA Elimination Diet;
– healthy eating for optimum health and vitality;
– vegetarian nutrition;
– food-related anaemia;
– meal planning; and
– diet diary analysis.
“You”, “your” means the Client who has engaged our Services.
“Website” means www.dietitianservicesonline.com
3. AMENDMENTS TO TERMS
The Dietitian reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon publication on the Website. Your continued use of the Services following such publication will represent an agreement by you to be bound by the Terms as amended. The amended Terms will take effect from the next time you book the Services. If you do not agree with the amendments, then you must stop using the Services. Your continued use of the Services is subject to the current Terms as amended from time to time.
4. REGISTERING AND BOOKING APPOINTMENTS
4.1 You must register using the online form in order to book appointments and pay the fees for the Services.
4.2 You must at all times, keep your registration details accurate and up-to-date. You will not share your password or login details with any other person. You agree to maintain the confidentiality of your password or login details, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password or login details. You agree to immediately notify the Dietitian of any unauthorized use of your password or login details or any other breach of security in relation to your account.
4.3 You must not impersonate any other person when accessing the Website or participating in the Services or create a registration for any person that is fictitious.
4.4 The Dietitian can suspend or terminate your access to the Services at any time at our sole discretion for any reason or if you breach any Terms or any law or regulation in force.
4.5 When you first access the appointment booking process on the Website:
4.5.1 You can select your appointment time by the book online booking function or book appointment buttons on the website and you will then be asked to provide personal information about yourself.
4.5.2 When you submit the personal information you will receive an authentication code on your mobile phone to verify you are making the booking.
4.5.3 Following verification you will then proceed to a secure credit card payment site.
4.5.4 After payment you will be sent a confirmation email and patient questionnaire with details to fill out, terms to agree to and then it is to be sent back before your appointment.
4.6 The Services will only be provided once payment has been made and received by the Dietitian. After you have paid the invoice the Dietitian will send you the video conference appointment link.
4.7 You acknowledge that in order for the Dietitian to effectively and efficiently deliver the Services to you at the appointment, the Dietitian needs to:
4.7.1 Receive and review your completed patient questionnaire (described in paragraph 4.5.4);
4.7.2 Receive and review your relevant health information and consents (described in paragraph 4.5.5); and
4.7.3 Access your My Health Records file to obtain any other necessary medications and medical history.
4.8 You will advise the Dietitian of any pre-existing medical, physical or other conditions which may directly or indirectly affect or impact the Services or of which the Dietitian may need to be aware.
4.9 You agree that no other person is to attend your session or appointment either with you or on your behalf unless agreed in writing by the Dietitian.
4.10 Following delivery of the Services to you, the Dietitian will upload any files or reports to My Health Records as to the treatment you receive as part of the delivery of the Services. Where you have a referral from a medical practitioner the Dietitian will also send relevant correspondence to this practitioner via the email contact details you provide for the referrer.
5.1 Once you have booked for an appointment you will be directed to a secure site to enter your credit card details for payment via a secure site that has a SSL certificate. The Dietitian will take all reasonable measures to ensure your personal information and credit card information are kept secure and at all times.
5.2 In respect to follow-up appointments and other Services you request, you will be sent a tax invoice with a payment link on it to a secure credit card payment site.
5.3 By providing your credit card details, you authorise and agree to the fee for the Services, and any credit card transaction fee, being deducted from your credit card or other nominated payment method.
5.4 In compliance with Medicare rules in relation to Medicare referrals, a receipt can only be issued after your appointment. Appointments and consultations are not bulk billed. You will need to pay for your appointments and consultations prior to claiming any rebates. The Dietitian is registered with all major Australian private health funds and government rebates. Your rebate amount depends on your level of cover and type of referral. You should check your health fund terms and conditions prior to booking if you have any questions about your entitlement to reimbursement of our fees.
5.5 The Dietitian will provide you with a tax invoice for payment for the Services and it is your responsibility to obtain any reimbursement from Medicare, workers compensation providers, private health funds, DVA, NDIS or any other sources of reimbursement.
6. SERVICES AND USE OF THE WEBSITE
6.1 The Services will be provided using video conference calls via web-based means using Coviu videoconferencing software or as otherwise specified on the Website. The Client is responsible for ensuring they have an appropriate computer device and browser to use to access the video conferencing application. Client should check https://www.coviu.com/en-au/patients that provides tips for a accessing a clear call.
6.2 All appointments are scheduled using Australian Eastern Standard Time (AEST) and Australian Eastern Daylight Time (AEDT) observed in New South Wales, Australia. The Client is responsible for ensuring they access the video conferencing application at the time of the appointment based on AEST and AEDT.
7. REFUND POLICY
7.1 In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of forty eight (48) hours notice is required to permit the Dietitian to offer the session time to another Client.
7.2 If the Client gives a minimum of forty eight (48) hours notice:
7.2.1 that they are unable to attend or wishes to reschedule their appointment, a new appointment will be scheduled without requiring further payment from the Client; or
7.2.2 that they want to cancel their appointment and not receive further Services, they will receive a full refund for the cancelled appointment.
7.3 If the Client cancels an appointment less than forty eight (48) hours prior to the scheduled appointment, the fees for the scheduled appointment may be forfeited (if the Dietitian is unable to allocate the session to another person), and the Client will have to make full payment for the rescheduled appointment.
7.4 In the event the Dietitian is required to cancel any appointment, the Dietitian will either reschedule the appointment to a time convenient to the Client or the appointment fee will be refunded depending on the circumstances.
7.5 If you are late by more than fifteen (15) minutes in accessing the video conferencing application for your appointment the Dietitian will treat your delay as a ‘did not attend appointment’ (DNA) in order that subsequent sessions for that day are not delayed. In the event of such a DNA the fees for the appointment will be forfeited and the appointment will not be rescheduled without full payment for the new appointment.
7.6 In the event of an internet connection which prevents the Dietitian from communicating with the Client, the Dietitian will check its NBN internet services to determine if there is a problem that the Dietitian can remedy.
7.7 If a successful connection cannot be achieved for the appointment the Dietitian may choose to conduct the appointment by a telephone call to the Client.
8.1 For any breach of any of the obligations of these Terms, the person who has committed the breach will immediately remedy or rectify the breach promptly.
8.2 The Dietitian may, in their sole discretion, decide to stop the Services for any reason including if the Dietitian believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by the Dietitian, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to the Client.
8.3 Confidentiality obligations survive and continue in the event of any dispute or termination and, in any event, after the delivery of the Services.
9.1 The Dietitian represents and warrants:
9.1.1 In providing the Services, they will comply with all statutes. regulations and professional standards related to the delivery of the Services; and
9.1.2 The work performed to provide the Services will be done to a high standard in accordance with best practice.
10. SPECIFIC WARNINGS AND DISCLAIMERS
10.1 The Client acknowledges and agrees that:
10.1.1 Results of the Services vary from individual to individual, as performance, progress and success of any particular part of the Services are dependent on human physiology and the individual attributes of the Client, and other factors beyond the Dietitian’s control. The Dietitian cannot and does not guarantee any particular or any results and the Client is solely responsible for their own progress. If at any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Dietitian immediately of any concerns in order to give the Dietitian an opportunity to address and assist. The Dietitian will use reasonable efforts to resolve the concerns, however at no time does the Dietitian guarantee or warrant any altered progress, performance or any particular results;
10.1.2 The Dietitian may, from time to time or as part of the Services, recommend products, food, diet regimes or treatments in the course of or as part of their Services. If the Client has or suspects they may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action recommended by the Dietitian, find they may have or are experiencing side effects which are uncomfortable or concerning, they should stop any regime and promptly contact their professional health care provider. Any statements either on the website or made by the Dietitian regarding diet, food or treatments are to be used at the Client’s discretion and are not intended to diagnose, treat, cure or prevent any disease.
10.2 You are responsible for consulting a suitable medical professional before using any of the information or Materials provided as part of the Services or before trying any diet, technique, exercise, or taking any course of action that may directly or indirectly affect your health or well-being. This includes but is not limited to any change in diet, additional supplements or other lifestyle changes.
10.3 You agree that the Dietitian is not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Website or our Services. In no event will the Dietitian be liable for any consequential, indirect, incidental or special damages of any kind including any damages for injury, death, loss of income or profits, interruption of business, even if the possibility of such loss was made known to the Dietitian.
10.4 Whilst the Dietitian has no reason to believe that any information contained on the Website is inaccurate, the Dietitian does not warrant the accuracy, adequacy or completeness of such information, nor does the Dietitian undertake to keep the Website updated. The Dietitian does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Website.
10.5 You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, the Dietitian do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any video conferencing application used to deliver the Services.
11. AUSTRALIAN CONSUMER LAW
11.1 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by the Dietitian to you which cannot be excluded, restricted or modified (“Statutory Rights”).
11.2 The Dietitian’s liability is governed solely by the ACL and these Terms. The Dietitian excludes all conditions and warranties implied by custom, law or statute except for the Statutory Rights.
11.3 Except for the Statutory Rights, the Services are provided to you without warranties of any kind, either express or implied; and the Dietitian expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
11.4 When the Statutory Rights apply, to the extent possible, the Dietitian liability in respect of any claim is limited to, at our option:
(i) The supply of any services again; or
(ii) The payment of the cost of having any services supplied again.
11.5 The liability of the Dietitian is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
11.6 In any case, the Dietitian’s liability is limited at all times to the amount of the last invoiced fees paid by the Client.
The Client and any parent or guardian of the Client who authorises the delivery of the Services, to the Client, acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client, parent or guardian agrees they are liable for and agree to indemnify and hold the Dietitian, and any director, employee or contractor of the Dietitian, harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third party claims.
13. PRIVACY AND SECURITY OF INFORMATION
13.1 The Dietitian will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to personal information and health information you provide to the Website. We will use all reasonable efforts to maintain the security of the Client’s personal information and health information.
13.2 The Dietitian may share your personal information with our service providers in order to provide the Services. By providing your personal information and health information to the Dietitian, you agree that the Dietitian can disclose your personal information to service providers and other third parties that can assist with providing the Services, and any other Services the Dietitian provide.
13.3 To reduce the risk of fraud or misuse of personal information, the Dietitian and our designated service providers may verify your personal information with third party service providers.
13.4 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst the Dietitian strives to protect such information, the Dietitian does not warrant and cannot ensure the security of any information that you transmit to the Dietitian. Accordingly, subject to the obligations under the APPs, any information that you transmit to the Dietitian is transmitted at your own risk. Nevertheless, once the Dietitian receives your transmission, the Dietitian will take reasonable steps to preserve the security of such information.
14. CONFIDENTIALITY OBLIGATIONS OF THE CLIENT
14.1 The Client agrees that he or she will:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
all Material provided to the Client and all Confidential Information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:
(i) as required by law or any regulatory authority; or
(ii) with the Dietitian’s express written consent; or
(iv) which the Client can establish is in the public domain (other than through a breach by the by the Client of this agreement).
15. CONFIDENTIALITY OBLIGATIONS OF THE DIETITIAN
15.1 The Dietitian agrees that it will:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
all health information and personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:
(i) as required by law or any regulatory authority; or
(ii) which the Dietitian can establish is in the public domain (other than through a breach by the by the Dietitian of this agreement).
15.2 The Dietitian may disclose the Client’s health information and personal information to any employees, contractors or other service providers that the Dietitian may engage from time to time, PROVIDED THAT the Dietitian will not at any time disclose or allow access by any person or third party to any of the Client’s health information and personal information unless required to perform the Services in which case, the Dietitian will ensure they are under the same duty of confidentiality as the Dietitian is under this Agreement.
Materials may be provided to the Client from time to time during consultations and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any designs, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Dietitian at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Client. At no time may it be reproduced and provided to third parties without the express written permission of the Dietitian.
17.1 If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Dietitian of any such reason, the specifics and will give a reasonable opportunity for the Dietitian to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give the Dietitian an opportunity to resolve any issue quickly and effectively.
17.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
17.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
18. GOVERNING LAW
This Agreement is governed by the laws from time to time in force in the state of New South Wales, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement or the Services.
19.1 If the Dietitian waives any rights under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
19.2 If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
These Terms were last modified August 2020 and are effective from that date.