Terms & Conditions

Introduction

Hi there! This website https://emilygardemnutrition.com.au, is owned and operated by myself, Emily Gardem, ABN: 54 865 867 528. If you have any questions or need further information, please contact me at Emily.gardem.nutrition@gmail.com

Contact Information:

Office Address: I am currently consulting at two locations:

  1. 2/66 Central Avenue, Oak Flats, NSW 2529.
  2. 391 Crown Street, Wollongong, NSW 2500.

Postal Address: 2/66 Central Avenue, Oak Flats, NSW 2529

Email: Emily.gardem.nutrition@gmail.com

Phone: 0405 187 352

This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand. When you visit this website, use my services or purchase my products you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase from me.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

General Disclaimer

This website is dedicated to providing general information about nutrition, food, health, lifestyle and wellbeing, and promoting, offering for sale and selling products and services. This information is provided solely for your education & personal development and to assist you in making informed choices about positive health and lifestyle changes.

MY RIGHTS & RESPONSIBILITIES

  • The information provided is based on thorough research and my own professional knowledge. I take every care to ensure it is accurate, however, I am human and I may make mistakes. If you read something that does not sound right to you, please contact me to discuss it. 
  • While I am providing information, it is in no way a substitute for health care advice from a General Practitioner if you have a specific health concern.
  • The content of all information provided on this site is entirely mine unless otherwise acknowledged. I reserve the right to modify this website and the information provided on it at any time, including altering or deleting it without notice.

VISITOR RESPONSIBILITIES

  • Your access to, and use of, the Website, is subject to all conditions specified in these Terms and Conditions.
  • You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
  • Users must be 18 years or older to purchase any of our products or services

EXTERNAL LINKS

From time to time I may provide links to third party sites. I am not responsible for any information provided on these sites, and the links are solely for your information. I do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified. While I believe them to be reputable businesses, any relationship you enter into with them is at your own risk, and I am not a party to the transaction in any way.

Specific Disclaimer                                             

This disclaimer relates to my products and services. These services include:

  • Nutritional Consultation’s
  • Meal planning service
  • Cookery skill development
  • Workshops
  • Food preparation time management development

I provide dietary and lifestyle advice in order to improve health and wellbeing, addressing chronic or acute heath conditions/concerns, which is specifically tailored to the individuals needs. Additional meal planning service also tailored to individuals needs.  I provide these services with the intention to improve the health and wellbeing of my patients, with treatment plans, advice, suggestions and meal plans designed in such a way to make it easy, accessible, achievable and enjoyable in order to ensure positive and successful outcomes.

MY RESPONSIBILITY

  • My responsibility to you, the client, is to remain up to date with continuing education and evidence based research, ensuring all information provided to the patient has been sourced from reputable sources. 
  • I hold a Bachelors of Health Science – Nutritional & Dietetic Medicine, and undertake continuing education undertaken on a annual basis in the form of seminars, webinars, short/long courses, and research, as part of my membership compliance with the Australian Natural Therapists Association
  • I am a fully qualified Chef.
  • I reserve the right to refuse treatment with the discretion of harm to self or the patient physically or emotionally.
  • I will not be held responsible for non-disclosure of vital information that may require treatment alteration.
  • I will not be held responsible for ineffective outcomes, where client non-compliance is evident and refund of services will not be obtained.
  • The practitioner does not claim to cure any conditions and uses best practice and scope of practice ONLY, to support, identify and address possible causes.

YOUR RESPONSIBILITY

  • You, the client, have an obligation to me, Emily Gardem, to ensure honesty and disclose all relevant information to me regarding pre-existing health conditions, allergies, medications, and supplements in order for me to treat and work with you, the client, effectively.
  • In order to care for your own safety, as a precaution, you, the client, must always seek professional advice from GP or other professional health care provider before making any significant dietary, lifestyle or any medication changes, disclosing to them that you are working with a nutritionist when doing so. 
  • You, the client, have a responsibility to me, Emily Gardem, to follow my guidance and treatment plans, fully disclose to me if something has changed regarding health, diet, wellbeing or lifestyle which may impact on the success of treatment outcomes
  • You, the client, takes responsibility for own actions/non-compliance to treatment plan or advice.
  • You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances.
  • You acknowledge that my Services are provided on the basis of the accuracy and completeness of the information that you provide to me, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
  • You warrant the truth, accuracy, currency and completeness of any information you provide us.

PROBLEMS

  • While I welcome anyone into my practice, please be aware that if I deem a clients health condition to be out of my scope of practice, I may refer to another health care provider in order for the client to get the best possible treatment outcome.
  • None of the content or products offered on our Site and/or provided via our Services is meant to diagnose any medical or health conditions, or to guarantee any particular outcome or results. I am not a doctor. These means I cannot diagnose a health condition, however I can refer for pathology if indicated.
  • The content found on the site and/or provided via my services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
  • You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of my services.
  • Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on my site and/or provided via my services.
  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

SUITABILITY

The services provided at Emily Gardem Nutrition are intended those have specific health concerns or wanting a dietary and lifestyle overhaul, and those who are willing to take the steps needed to improve their health and wellbeing.

IMPORTANT INFORMATION

  • Dietary advice is formulated based on individual client needs and is therefore, and it is not advisable to share with others for use in their own health goals.
  • The client is paying for nutrition advice and professional opinion based on my qualifications in the study of Nutritional and Dietetic Medicine. The information provided by me, the nutritionist, does not imply medical advice and will not replace medical advice, where it will remain in the scope of practice of the nutritionist only.
  • The client agrees to use sound logic to understand and balance any information provided by the nutritionist with information provided by the client’s specialist or GP. Diagnosing conditions, and prescribing or changing the dosages of pharmaceutical drugs are not performed by the nutritionist and can be performed by the client’s specialist or GP only. The nutritionist disclaims any and all liability arising directly or indirectly from the use or application of the information provided in nutrition consultation.
  • It is the client’s responsibility to inform other practitioners (such as GP, Specialists, Naturopaths etc.) of the therapeutic relationship and treatments provided in consultations, unless strong working relationships are created between the practitioners that is otherwise known by the patient (e.g. Nutritionist – GP contact).

COVID-19: DISCLAIMER

Emily Gardem Nutrition is dedicated to providing the best and safest quality of care to her clients.

Heeding the current COVID-19 restrictions (as of the 18th September 2021), We are still offering face-to-face consultations in accordance with NSW Health guidelines.

Prior to consultation, if you are experiencing any of the following symptoms:

  • Fever (37.5 degrees or higher) or a history of fever (night sweats, chills)
  • Cough
  • Sore throat
  • Shortness of breath (difficulty breathing).
  • Runny nose
  • Loss of taste
  • Loss of smell
  • Tiredness

Or, if you have any symptoms of concern, please contact us prior to consultation and we will discuss whether we can see you face to face or not, and arrange an alternative Tele-health appointment.

We take your safety very seriously, and as such, we have the following protocols in place: 

On arrival to your appointment in clinic, we require you to:

  • Scan in via the QR code at reception
  • Sanitise your hands on entry and exit of the building
  • Wear a face mask (If you have an exemption please inform us)

We respect your right to autonomy, however in respects to our other clients and colleagues, if you cannot adhere to our protocols, we will be unable to see you in person and will arrange a Tele-health consultation as an alternative. Click here for bookings: http://emilygardemnutrition.com.au

We understand this is a time of high anxiety and we are monitoring this ongoing situation. If restrictions in the future increase, we will temporarily cease face-to-face consultations and offer Tele-health consultations to provide a continuity of care.

BOOKINGS: TERMS & CONDITIONS

  • If a client is late to an appointment, the appointment will run according to the original booking time in order to not hinder the time management of other clients scheduled for appointments.
  • Time-related commitments will be discussed and agreed upon after the initial consultation where, based on the clients needs, additional consultations and times between consultations may be required for a desirable outcome.
  • The client agrees to have the consultation with the practitioner by phone, online or in person at the agreed-upon time by both parties. Failure of the client to phone or show up for the scheduled consultation will result in loss of the service for which he/she has paid unless the client phones or emails the practitioner to cancel the appointment at least 24 hours prior to the scheduled consultation. (This condition may be waived in special circumstances or unexpected emergency situations. However, waiving this condition and agreeing to reschedule the consultation is left entirely to the discretion of the practitioner).

BEFORE THE CONSULTATION 

You can book a consultation by emailing Emily.gardem.nutrition@gmail.com or online via the contact page. When you request a booking, you will be asked for the following details:

  • Full name 
    • Email address 
    • Telephone number
    • Notes/queries/comments
    • You will be sent a registration form, Terms and Conditions and, a food diary to sign and complete.
    • Bookings can be paid by direct deposit account details.  Payment is to be made BEFORE start of consultation.
    • The details you supply will be used only for the purposes of your consultation and communication for your consultation.
    • Before our consultation, you will be sent an email that confirms the booking. The confirmation email will confirm the type of booking and a link if the booking is for a Tele-health consultation.

THE CONSULTATION    

  • To begin your Tele-health consultation, I will call you via phone, messenger or wait for you in “the waiting room” (Zoom calls). 
  • Consultations are 90 minutes for initials or 60 minutes for follow-ups. It is normal for conversation to run over time at times, but please respect my time as your practitioner and other clients that may be following you.
  • I have a busy schedule with many clients to assist on their own journeys. Please ensure that you are ready for the consultation at the agreed time. If there are circumstances beyond your control or the control of myself, rescheduling of part or the entirety of the consultation may be necessary.
  • With that, my time, and other clients time is also treasured, therefore, the following withdrawal policy is in place:
    • Up to 48 hours notice and reschedule – no charge.
    • Less than 24hrs cancellation and reschedule – 50% charge.
    • Less than 3 hours notice – 100% cancellation charge.
  • I cannot guarantee a precise outcome from the consultation; however, everything will be done to ensure you receive the highest quality support and nutritional advice.
  • It is to be remembered that implementation is your responsibility. I only provide guidance and advice however, if you do not follow this advice appropriately, the outcome cannot fall on me.

MEAL PLANNING SERVICE              

You can book a meal plan by emailing Emily.gardem.nutrition@gmail.com or online via the contact page. When you request a booking, you will be asked for the following details:

  • Full name 
    • Email address 
    • Telephone
    • Notes/queries/comments
    • You will be sent a registration form and Terms and Conditions to sign and complete, and a questionnaire asking:
    • Reason for requiring meal plan
    • Dietary preferences
    • Dietary requirements
    • Allergies
    • Intolerances
    • Likes
    • Dislikes
    • Cooking skills
    • Accessibility to fresh produce, seafood, butchers
    • What supermarkets you shop at
    • Appliances in your kitchen
    • Scale of meal plan i.e. for one, two or more people.
    • Any other things you may feel is relevant i.e. you have children that you would like to be able to adapt meal plan for etc.
    • Please note; if you are a gym, personal trainer or other, Emily will require some further detailed information and will contact you to discuss this.
    • Bookings can be paid by direct deposit account details.  25% payment is to be made BEFORE I commence the meal plan. The remainder is to be upon completion of the meal plan.
    • The details you supply will be used only for the purposes of your consultation and communication for your consultation.
    • Once I have received this form from you & your 25% deposit, I will commence your meal plan. Please allow me one week (7 days) to complete this meal plan. 
    • Any additional changes made by you after I have commenced meal plan will incur an additional fee of $5 per change. Please understand that menu planning takes a lot of time for me to do, as I am doing a specifically tailored plan based on your needs. Meal plans are not generic and not one size fits all. I take a lot of care to ensure your needs are met.
    • Once I submit meal plan to you, you have two weeks (14 days) to trial recipes and inform me about any changes you would like made. I will make these changes for you once. Any additional changes required after the one-week period will incur an additional $25 fee.

Intellectual Property

COPYRIGHT

Everything you read on this website was written by me unless another source is acknowledged. I work very hard. Please respect my hard work by refraining from utilizing my work without my written permission. The content of this website is protected by copyright. It is for personal, non-commercial use only. Content may not be sold or copied without my written permission. If you would like to share my content on social media you are welcome to do so, as long as you link back to my website or social media platforms. No portion of this website may be copied or replicated in any form without my written consent. 

Payment Terms

FORMS OF PAYMENT

We accept payment via bank deposit or credit card, via Square or Simple Clinic. We do no personally collect your payment details but they will be held in accordance with square security policy.

If making a direct deposit, I will email your tax receipt to you once payment has arrived in my account. Please let me know if you do not receive your receipt.

CANCELLATION POLICY

Please be aware that there is a 24-hour cancellation policy. I understand that your time is important and circumstances can change, and appreciates that you understand my time is valuable too. Any cancellations that occur 24 hours or more before the scheduled appointment can be rebooked at no extra cost. However, if you wish to cancel or reschedule your appointment, and 24 hours notice is not given, or you do not show up for your appointment, the following charges apply:

  • Up to 48 hours notice and reschedule – no charge.
    • Less than 24hrs cancellation and reschedule – 50% charge.
    • Less than 3 hours notice – 100% cancellation charge.

A reminder will be sent to you the week of your appointment via email and text message.

PAYMENT PLANS

We now offer you the convenience of Afterpay. If you choose to use this your details will be held by Afterpay in accordance with their privacy policy: https://www.afterpay.com/en-AU/privacy-policy.

Shipping and Delivery

Any supplements are ordered through a trusted external provider. My supplier calculates shipping rates externally. I will inform you of shipping rates when I am ordering your supplements.

DELIVERY

  • All supplements will be delivered to you through Australia Post or Courier. 
  • All electronic documents: (treatment plans, meal plans, invoices) will be emailed to you by myself within 24 hours of your consultation.
  • All Face-to-Face services will be either provided in person, or tele-health (Zoom, Video call or Face time), dependent on your needs. Appointments must be made direct to myself via email or phone.
  • If for any reason, I will be unable to attend an appointment, I will try to give you as much notice as possible, and offer you an opportunity to reschedule. 
  • While I do my very best to run a professional business, I am human and do have two young children who occasionally may have unforseen needs arise such as illness. If it is short notice, and I cannot attend the appointment I will apologise and hope that you try to be as understanding of me as possible as I to be if our positions were reversed.

Returns Policy

CHANGE OF MIND

It is very important to me that you are 100% happy with your services from me. I also need to earn a living, so there are reasonable boundaries around this. I do not offer a refund for clients who change their minds, However, If you are not completely satisfied with one of my services, please contact me within 24hours of purchase so we can discuss your concerns and negotiate a win/win outcome for both parties involved.

Consumer Guarantees

MINOR PROBLEM

Sometimes things can go wrong such as Internet connection failures, PDF documents that refuse to open, emails not appearing in inbox, unforeseen illness or injury meaning that either party is unable to attend a scheduled appointment, or orders going missing in the post. If you have a problem please let me know ASAP via 

Email: Emily.gardem.nutrition@gmail.com

Phone: 0405187352

If you have an issue with a service I have provided, please contact me immediately at the above email address or via telephone to discuss the issue.

If I cannot resolve the issue I will offer a refund or credit.

MAJOR PROBLEM

A major problem is one, which cannot be fixed or is too difficult to fix. It is something that would have prevented you purchasing the product or service if you had known about it in advance. 

If you have a problem please let me know ASAP via:

Email: Emily.gardem.nutrition@gmail.com

Phone: 0405 187 352

If you have an issue with a service I have provided, please contact me immediately at the above email address or via telephone to discuss the issue. When there is a major problem, you have the option of choosing replacement, credit or refund for the Products or Services. 

Visitor Information

RESPECTFUL COMMUNICATION

Comments are greatly appreciated, and you are very welcome to send me your comments via email or on my Facebook or Instagram pages. However I reserve the right to moderate any comments made on any of my social media channels, including deleting comments that I deem to be offensive, rude, spam or simply unacceptable without any notification or correspondence with you.

Jurisdiction & Dispute Resolution

Emily Gardem Nutrition is located in Oak Flats, NSW.  If you have any issue or complaint arising out of your use of this website or these terms and conditions, you and I (Emily Gardem) agree to make a genuine effort to resolve the dispute through negotiation and discussion. If we are unable to reach an agreement within 14 days, an independent mediator may be suggested to help us find a solution. The Resolution Institute Mediation Rules apply to the mediation. We agree to share the costs of mediation equally between us. 

If this is unsuccessful, any disputes or arguments arising under this agreement are to be dealt with under the law of New South Wales, Australia. Litigation is considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

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