Booking terms and conditions
BOOKING TERMS AND CONDITIONS
These Booking Terms and Conditions apply to bookings made with Little Bellies Nutrition Pty Ltd t/as Little Bellies Nutrition ABN 60680937599] (“we, us, our”) for any private appointments which may include paediatric nutrition and feeding therapy advice (“Services"). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking.
SERVICES WE PROVIDE
We will perform the Services with due care, skill, and diligence. The Services will be performed personally by Hannah Blakeney or by her Representatives where prior agreed. The Services may include providing a plan or writing a report.
We agree to:
· keep all your documents secure and confidential and return all documents at the termination of this Agreement; and
· comply with our privacy policy, details of which you can find on our website.
YOUR OBLIGATIONS
You must provide all information we request in order for us to perform the Services, including complete medical history, allergies, and any feeding difficulties. You represent and warrant that:
· all information you provide is true, correct, current, and to the best of your knowledge;
· you will respond promptly to any of our requests for further information and will notify us immediately if any information changes;
· you will be present during all appointments involving children and will maintain supervision during implementation of any recommendations;
· you will be on time for your consultation.
You acknowledge and agree that you will:
· allow us reasonable access to the Site to perform the Services;
· do your best to attend to any agreed actions;
· communicate openly and honestly.
We may become aware during the performance of the Services that you may need additional services, and you agree to co-operate with us in this regard.
RELIANCE ON ADVICE
We are not medical doctors. We strongly recommend that you seek independent medical advice in relation to any medical information we provide. For example, we do not provide any diagnosis or treatment. Any medical information is not a substitute for professional medical advice, and any reliance on this information is made at your sole risk. You acknowledge that feeding therapy and nutrition advice may involve risks, including but not limited to choking hazards, allergic reactions, and other adverse reactions. You must immediately seek emergency medical care if your child experiences any concerning symptoms. Your participation in the Services is always voluntary.
NO GUARANTEES
You acknowledge and agree that any reports that we develop are based on the information you provide, and the response to suggested strategies, recommendations, and therapy can vary and may not always be predicted. You acknowledge and agree that we cannot guarantee that these interventions will be successful.
THE FEES YOU NEED TO PAY
You agree that you will pay us the Fee for the Services. We will invoice you for the Fee on the day of the service, and all payments must be made online and prior to the commencement of the consultation. Where we are required to travel to the Site, a Travel Fee will apply. Interest will be charged on any unpaid invoices at the rate of 10% per annum calculated monthly. Any legal collection fees that are incurred will be charged to you.
CANCELLATIONS, RESCHEDULING AND REFUNDS
You may reschedule the Service with no penalty subject to our availability. Where you cancel the services with less than 24 hours' notice, a Cancellation Fee will be charged. We will also charge a no-show fee of $80.
To the extent permitted by law, any other refunds for any cancellations of the Services are at our absolute discretion. No refunds will be given after a consultation has occurred regardless of whether you chose to implement any recommendations. We do not provide refunds for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.
THE AUSTRALIAN CONSUMER LAW
Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a Service, you are entitled to:
· cancel your Agreement with us and to a refund of the unused portion; or
· to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.
INTELLECTUAL PROPERTY
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Services. You must not use our Materials for any purpose other than for the purpose of this Agreement. Any Materials we provide you must not be reproduced, altered or redistributed without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.
PUBLICITY
To the extent we are permitted by law, you permit us to use your name, and any photos, videos, and testimonials you provide to us for marketing and information purposes, or publications, exhibitions, and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about our Services.
FOOD HANDLING AND ALLERGY DISCLAIMER
As part of the Services, we may prepare and supply food for use during sessions. While we take every possible precaution to ensure proper hygiene, food handling, and minimize the risk of cross-contamination, including the use of suitable storage methods, there are inherent risks associated with food allergies and intolerances. It is the responsibility of the parent or guardian to inform us of any known allergies, dietary restrictions, or sensitivities their child may have prior to the session.
By participating in these sessions, the parent or guardian acknowledges that we are not liable for any allergic reactions or adverse effects that may arise from food consumed during therapy, even when all reasonable steps are taken to avoid allergens.
In cases where the parent or guardian is providing food for their child’s therapy session, it is their responsibility to ensure that the food is safe, within the appropriate use-by dates, and stored properly before it is brought to the session. We will not be held liable for the condition or safety of any food provided by the parent or guardian.
It is understood that by signing this agreement, the parent or guardian assumes full responsibility for ensuring that all food provided is appropriate, safe, and free from contamination. Should there be any concerns or special requests regarding food handling, we encourage parents or guardians to discuss them with us prior to the session.
LIMITED LIABILITY AND INDEMNITY
To the extent permitted by law, our liability is limited, at our option to:
· the replacement of the services or the supply of equivalent services; or
· the payment of the cost of replacing the services or of acquiring equivalent services.
You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Services. You are solely responsible for implementing feeding recommendations safely and supervising children during meals. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Services, and any third-party claims.
TERMINATION
We may either suspend the Services or terminate this Agreement where any threats are made. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay us all accrued Fees owing up to the date of termination.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute 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 party agrees to pay their own costs.
THE GOVERNING LAW AND OTHER MATTERS
This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of ACT Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of ACT for determining any dispute concerning this Agreement.
DEFINITIONS:
“Agreement” means these terms and conditions, and any Proposal we may provide you with.
“Booking” means any booking for a consultation made with us for our Services.
“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice.
"Claim" means any claim under statute, tort, contract or negligence, any demand, awards, or costs.
“Client” means you, the client making the Booking.
“Fees” means the consulting fees as further advertised on our website.
“Information” is all information we require and may include any information you provide to us during the Services including but not limited to your new patient form.
“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information, and all other intellectual property rights whether registered or unregistered.
“Loss or Damage” means any direct, indirect, consequential, or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Services.
“Materials” means any copy, data, information, documents, plans, downloadable products, records, images, and includes, but is not limited to the report and any handouts we give during the Services.
“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.
"Site" means the site you require the Services to be performed from time to time and maybe your home and the address as notified by you to us.
"Travel Fee” means the travel fee charged where you request an in-home consultation.
“We, us, our” means Little Bellies Nutrition Pty Ltd t/as Little Bellies Nutrition Pty Ltd [ABN 60680937599] and includes any of our employees, agents, partners, and contractors.