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Booking Terms

Website Terms

Booking Terms

BOOKING TERMS AND CONDITIONS 

These Booking Terms and Conditions apply to bookings made with Jessica Beaton [ABN 53978188609] (“we, us, our”) for any individual dietitian consultancy services  (“Consulting Services”/”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 Consulting Services with due care, skill and diligence. The Consulting Services will be performed personally by Jessica Beaton. The Consulting Services include an appointment, one-on-one session, written summary, recommendations, and diet plans (“Materials”).

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 Consulting Services. 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 on time for your consultation.

You acknowledge and agree that you will:

  • do your best to attend to any agreed actions;
  • communicate openly and honestly.

We may become aware during the performance of the Consulting 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 advice, and any reliance on this information is made at your sole risk. Your participation in the Services is always voluntary. 

NO GUARANTEES

You acknowledge and agree that any Materials such as recommendations and plans will be developed based on the information you provide, and the response to these can vary and may not always be predicted. You acknowledge and agree that we cannot guarantee that the results of any recommendations or plans used will be successful.

THE FEES YOU NEED TO PAY

You agree that you will pay us the Consulting Fee  for the Consulting Services. We will invoice you for the Consulting Fee at the end  of the Consulting Services, or when otherwise agreed. All invoices are due within 7 days of the invoice. 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

Where a cancellation is made with less than 24 hours’ prior notice, the Consulting Fee will not be refunded. Any cancellations with less than 48 hours’ prior notice will incur the Cancellation Fee at the rate of 20% of the Consulting Fee. We provide a full refund for cancellations with more than 48 hours prior notice.

You may reschedule the Service with no penalty subject to our availability and with a minimum of 24 hours’ prior notice.  

To the extent permitted by law, any other refunds for any cancellations of the Consulting Services are at our absolute discretion. No refunds will be given after a consultation has occurred regardless of whether you choose to implement our suggested plans or Materials. 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 Consulting 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 it’s 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 Consulting Services. You have a limited licence to use those Materials for your own personal use during the Consulting 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

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 Consulting Services. 

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 Consulting Services. 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 Consulting Services, and any third-party claims.

TERMINATION

We may either suspend the Consulting Services or terminate this Agreement where: 

  • you are not complying with any aspects of this Agreement;
  • 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 Consulting 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 NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.

DEFINITIONS:

“Agreement” means these terms and conditions, and any Proposal we may provide you with.

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). 

“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. 

“Consulting Fees” means the consulting fees as further advertised on our website, which are charged on a per consultation basis or fixed package basis. 

“Information” is all information we require and may include any information you provide to us during the Services including but not limited to your name, date of birth, weight history, height/length history, medical history, medications, developmental progress, digestive habits, usual food history or food/symptom diary, preferred eating style,  feeding habits, mealtime behaviours and the information that you may share in our pre-consultation questionnaire.

“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 Consulting Services.

“Materials” means any dietary plans, recommendations, data, information, documents,  downloadable products, images, and any materials we provide you throughout the Consulting Services.

“We, us, our” meansJessica Beaton [ABN 53978188609] and includes any of our employees, agents, partners and contractors. 

Website Terms

WEBSITE TERMS AND CONDITIONS

Welcome to Jessica Beaton [ABN 53978188609] and jessicabeaton.com.au, our website. We’re so glad you’re here! By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an “Agreement”. If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend or stop providing our website at any time, but we’ll always try to let you know if that’s the case.


Now, let’s chat about your obligations when using our website.

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of NSW and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you’re accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws.

To only make personal and non-commercial use of our Content

Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing hello@jessicabeaton.com.au). All trademarks on our website belong to their respective owners.

To use third party software, links etc at your risk

If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them

To not rely on any “advice”

Some of the information we provide on our website may be information related to health but it’s not meant to be health “advice”. We provide this information for your general use only. While we try to provide accurate information, it may be historical, incomplete information or based on opinions that aren’t widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk. We recommend seeking independent professional advice before relying on the information we provide.

WE MAKE NO WARRANTIES OR GUARANTEES

We need you to know that we make no warranties or guarantees about our website or its Content. We can’t guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies.  If you find any issues, please email us at hello@jessicabeaton.com.au.

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Copyright means all rights pursuant to the Copyright Act 1968 (Cth).

Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.

We, us, or our means Jessica Beaton t/as Jessica Beaton [ABN 53978188609] and includes any of our employees, agents, partners and contractors.