The FODMAP Challenge

By confirming this purchase I accept the terms and conditions and privacy policy as outlined on this website

“We” “us” and “our” means HBPL Pty Ltd ABN 93 612 522 540 trading as The FODMAP Challenge (“FODMAP Challenge”, “us”, “we”, “our”), the owner and operator of our Site and any Services, and you (“you”, “your” or “user(s)”), a user of our Site and/or Services. By signing this Client Consent Form you agree and acknowledge the following: General 1. You acknowledge that The FODMAP Challenge does not dispense medical advice nor prescribe treatment. Rather, you acknowledge and agree that The FODMAP Challenge provides education to enhance your knowledge of health as it relates to foods, dietary supplements, and behaviours associated with eating. While nutritional support can be an important compliment to your medical care, you understand nutrition counselling is not a substitute for the diagnosis, treatment, or care of disease by a registered medical provider. 2. Our provision of dietary and nutritional support services in the form of dietitian sessions or written dietary plans (“the Services”) is subject always to our Terms of Use and Privacy Policy. It is a condition of the provision of these Services that you agree to comply with our Terms of Use, Privacy Policy and this Consent Form (together, “Agreement”) and that this Agreement is legally binding on us and you. If you do not agree to the terms of this Agreement, you should not proceed to engage our Services. 3. If you are under the care of a health care professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor, and should not discontinue any prescription medications without first consulting your doctor. 4. You acknowledge that the care that you receive during our provision of the Services is distinct from the care that you receive from any medical facility or registered medical practitioner and that our Services are in no way intended to be construed as medical advice or care. You should continue regular medical supervision and care by your primary care physician. 5. You agree to provide full and accurate information to us (including personal information and health information) and warrant to us the completeness and accuracy of that information. You acknowledge that any failure to provide complete and accurate information to us may affect the effectiveness and/or results of the Services. You release and hold us harmless in the event you suffer loss or damage as a result of your failure to provide us information that is complete or accurate. You also indemnify and us and our officers, employees, agents, contractors and consultants and agree to keep us indemnified in the event any of the information you provide us is inaccurate, correct or not up to date, and we rely on this information to our detriment. Personal Responsibility and Release from Claims 6 You acknowledge that you take full responsibility for your personal well-being, as well as the well-being of your family and children (as applicable), and full responsibility for all decisions made in the course of, and subsequent to, the provision of the Services. 7 You assume any and all risk associated with the Services, including the risks of trying new foods, and the risks inherent in making lifestyle changes. 8 Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Services, for product defects or failures, claims that are due to your use of our Services, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. Accordingly you release us and our officers, employees, agents, contractors and consultants and hold us harmless from any and all liability, claims loss or damages, howsoever caused as a result of our provision of the Services, other than as prohibited under Australian Consumer Law. In no event will we, our and our officers, employees, agents, contractors and consultants be liable to you or anyone else for any decision made or action taken in reliance on the Services or for any consequential, special or similar damages, even if advised of the possibility of such damages. Confidentiality and Privacy 9 We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records and Information Privacy Act 2002 (NSW) (“HRIP Act”) (or such other State legislation as may apply in relation to health information at the time of collection) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information. A copy of our Privacy Policy is available at www.fodmapchallenge.com/privacy_policy Payments and Refunds 10 Payment for our Services is due prior to the commencement of our Services. Other than your rights to refunds under Australian Consumer Law, our Services are non-refundable. No-Show/Cancellation Policy 11 We require 24 hours’ notice of cancellation of all appointments. In the event that you provide us with less than 24 hours’ notice of cancellation, or fail to attend your allocate appointment time, we reserve the right to charge you 50% of the session payment fee, at our discretion. Consent to Communications 12 We comply with the Spam Act 2003 (Cth). You consent to receive electronic communications from us. We agree that your consent may revoked at any time. Governing Law and Jurisdiction 13 This Agreement is governed by and construed in all respects in accordance with the laws of the State of New South Wales, Australia and you hereby submit to the exclusive jurisdiction of the courts of the said State of New South Wales.