Terms & policies

Overview

This Services Agreement is entered into between NPR Consulting (herein referred to as ‘NPR Consulting’, We’, ‘Us’ or ‘Service Provider’) and you (herein referred to as ‘You’, ‘Your’, ‘Patient’ or ‘Client’.

The Service Provider provides nutrition consulting and the Client wishes to enter into an agreement for the services as set out in the Schedule. The Client will engage the Service Provider to provide the Services to the Client.

This Health Provider Services Agreement consists of these General Terms & Conditions (T&Cs) and the Schedule along with any subsequent Schedule as agreed between the parties from time to time (Agreement).

This Agreement sets out the terms and conditions under which the Service Provider will provide the Client with the Services.

If there are any inconsistencies between the T&Cs and the Schedule, the Schedule will prevail to the extent of the inconsistency.

Any variation to the Schedule must be agreed upon in writing by all parties.

The Agreement will start on the Commencement Date and continue for the Term, unless terminated prior to that date in accordance with these Terms.

The Client acknowledges that they may also be required to agree and accept Additional Terms prior to accessing some or all of the Services including privacy releases.

The Client acknowledges that they have read and understood the T&Cs and the Schedule prior to signing the Agreement and have sought professional and/or legal advice should they require clarification on any aspect of the Agreement.

Client obligations

You acknowledge that you are solely responsible for determining whether the Services outlined in the Schedule are appropriate for you.

You are encouraged to ask questions, seek clarification, and actively participate in the decision-making process regarding engaging our Services.

In the event that you sign up to other courses or programs we offer, you may be required to enter into a separate Agreement applicable to the provision of those services.

You agree to communicate any concerns, changes in your health status, or unexpected reactions to treatments promptly, so that we can provide appropriate support and adjustments.

You:
a. must not be under the influence of drugs or alcohol while the Services are being performed;
b. are responsible for providing accurate and complete Client Information to us to facilitate the delivery of appropriate services;
c. proactively update any Client Information as soon as reasonably practical during the Term of the Program to ensure continuity of Service;
d. must seek advice from your doctor or other medical health professional prior to using our services and where there are any changes to your health or any medical condition;
e. are solely responsible for informing your medical providers of the Services being provided under this Agreement and we shall not be held responsible for communicating or coordinating with your medical providers regarding the Services being provided;
f. understand that the Services we provide are not intended to nor do they replace any medical, psychological or other health advice;
g. will notify us immediately if there is a medical diagnosis during the course of the Services being provided that may impact the Services we offer you; and
h. will ensure punctual attendance at all sessions that form part of the Services.

Fees

Payment methods

All fees will be payable via credit card to our nominated bank account prior to the consultation

Additional fees

You agree to cover any out-of-pocket expenses incurred by us in the course of delivering the Services to you. These additional expenses will be approved by you in writing prior to being incurred.

Refunds and chargebacks

In the event that we are unable to provide the agreed-upon services due to circumstances beyond our control, you are entitled to a full refund of any Fees paid for the unperformed services.

You cannot request a refund if:
a) the reason for termination is outside of our control;
b) you change your mind;
c) you fail to clearly explain your needs to us; or
d) you insist on the Services being performed in a way that is against our advice.

Refunds are provided in compliance with any and all Applicable Laws.

Where you have received a refund either directly from us or via a Chargeback the following will apply:

e) If we have provided you with access to any Confidential Information, including copies of any workbooks you must destroy all electronic copies downloaded by you and provide us with written notice of the above; or

f) where you continue to use or access any Confidential Information after the Refund is issued we reserve the right to recover any outstanding tax invoice through a formal debt recovery process including any Interest payable on the outstanding amount.

For the purposes of these Terms “Chargeback” means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.

Marketing

Evidence-based information

We are committed to providing evidence-based information to inform patients about our services, treatment options, and practices.

Our marketing materials, website, social media content, and any other forms of communication will focus on evidence-based information, such as clinical studies, research findings, or professional expertise, to educate patients about the benefits, risks, and outcomes associated with our services.

Case studies and patient stories

De-identified case studies or patient stories may be used for educational purposes to highlight general treatment approaches or share experiences without making claims of specific outcomes or effectiveness.

Client privacy and confidentiality will be strictly maintained, and any identifying information will be removed to protect their privacy.

Educational content

We will provide educational content that aims to enhance patient understanding of treatment options, and self-care strategies.

This content will focus on general information about the benefits of specific treatments or interventions supported by scientific evidence, without making individualised claims or promises.

Compliance with applicable laws

We are committed to ensuring compliance with Applicable Laws.

Our marketing practices and materials will be regularly reviewed and updated to ensure adherence to Applicable Laws.

This clause survives termination or expiry of this Agreement.

Warranties and indemnities

Warranties

We warrant that we will provide Services in a professional and competent manner, adhering to Applicable Laws.

We strive to exercise reasonable skill and care in the delivery of our Services, taking into account the best interests of our patients and their specific healthcare needs.

However, it is important to note that healthcare outcomes can vary, and we cannot guarantee specific results or outcomes.

Nothing in the Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified.

If any warranty or condition is implied into the Agreement and cannot be excluded, our liability is limited to resupplying the Services or payment of the cost of having the Services resupplied.

Indemnities

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your use of our services, except in cases of our proven negligence or misconduct.

This indemnity includes, but is not limited to, any claims arising from the provision of incomplete or inaccurate information, non-disclosure of relevant medical history, or failure to follow recommended treatment plans or advice.

Limitations

Our liability for any claim, whether arising from negligence or otherwise, is limited to the extent permitted by law and will not exceed the fees paid for the specific Services in question.

We are not liable for any indirect, incidental, consequential, or special damages arising out of or in connection with our Services, including but not limited to lost profits, loss of data, or loss of opportunity.

Any express or implied warranty or condition relating to the Agreement or its subject matter that are not contained in the Agreement are excluded to the maximum extent permitted by law.

Neither party will be liable or held in breach of the Agreement for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct.

We will not be liable for any loss or damage suffered by a third party in connection with the Agreement.

Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with the Agreement.

This clause ‎survives termination or expiry of this Agreement.

Miscellaenous

Relationship of parties

We are independent contractors and the relationship between you and us does not constitute that of a partnership, joint venture, agency or employer and employee. Nothing in this Agreement gives either party the authority to bind the other in any way, nor impose any fiduciary duties on the other party.

Non-disparagement

Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following the Term. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of this Agreement relating to disputes.

Conflict of Interest

Each party warrants that they are free to enter into this Agreement and that it shall not violate the terms of any other agreement between that the party and a third party.

Good faith resolution

a. In the event of any dispute or disagreement arising out of or relating to our services or this agreement, both parties agree to make a genuine effort to resolve the matter amicably through good-faith negotiations.

b. Each party will provide the other party with a written notice specifying the nature of the dispute and their proposed resolution.

Mediation

a. If the dispute cannot be resolved through direct negotiations within a reasonable timeframe, both parties agree to engage in mediation as the next step in the dispute resolution process.

b. Mediation will be conducted by a neutral third party agreed upon by both parties or appointed by a mutually agreed-upon mediation service provider.

c. The mediation process will be conducted in accordance with the rules and procedures of the chosen mediation service provider.

d. Both parties agree to actively participate in the mediation process and make reasonable efforts to reach a mutually acceptable resolution.

Legal action

a. If mediation fails to resolve the dispute, or if either party chooses not to engage in mediation, any unresolved dispute may be escalated to legal action as a last resort.

b. Legal action will be governed by the laws and regulations of the jurisdiction in which this Agreement is enforceable.

c. Both parties agree that any legal action will be brought before the appropriate courts of the jurisdiction.

Confidentiality

a. All discussions, negotiations, and communications involved in the dispute resolution process, whether through direct negotiations, mediation, or legal action, will be treated as confidential by both parties and their representatives.

b. Any information disclosed during the dispute resolution process will be used solely for the purpose of resolving the dispute.

Notices

Where a party gives notice, it must be done in writing to the email address specified in the Schedule, or by post to the residential or business address specified in the Schedule. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received. For registered or express post, the notice will be considered delivered within 5 Business Days of being sent.

Entire Agreement

This Agreement constitutes our entire agreement with you about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal.

Governing Law

The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in Australia. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

Execution and counterparts

The Agreement will become binding when any one or more counterparts individually or taken together, are signed by the parties. The Agreement may be executed by way of electronic signature, including by clicking “I consent” or similar. If the Agreement is executed in this way, it will be considered an original that has been properly executed.

Amendment or variation

Any amendment or variation to the Agreement is not effective unless agreed by you and us in writing.

Validity

If any provision of the Agreement is held invalid or unenforceable, it will either be severed from the Agreement or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.

Assignment

You are not permitted to assign the Agreement or otherwise deal with any Advertising or rights under it without our prior written consent. Conversely, we may do so without your consent.

Interpretation

All headings are for ease of reference and do not affect the interpretation of the Agreement. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.