Terms and Conditions

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Effective Date: 1 May 2025

ABN: 52 394 860 484
Business Owner: Billie Schiller

Definitions

In these Terms and Conditions:

• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Business Days means Monday to Friday, excluding Victorian public holidays.
• Chargeback means a reversal or dispute of a payment initiated by you through a bank, credit card provider, or payment platform after the payment was authorised.
• Client, you, or your means any person who purchases or accesses Nutrivize services.
• Content means all materials, resources, recipes, meal plans, articles, templates, videos, written communications and other digital or printed materials supplied through the Website or App.
• Essential Membership means the entry-level Nutrivize membership tier. 
• Fee means any amount payable to Nutrivize for its Services, including membership payments and other      charges.
• Instalment Plan means a non-cancellable payment schedule under which you agree to pay for a fixed-term Membership over a series of scheduled instalments.
• Membership means your active subscription to a Nutrivize service package (Essential, Premium, or Premium+), either prepaid or paid via Instalment Plan.
• Nutrivize, we, us, or our means the business operated by Billie Schiller (ABN 52 394 860 484), trading as Nutrivize.
• Premium Membership means the mid-tier Nutrivize membership.
• Premium+ Membership means the highest-tier Nutrivize membership.
• Services means virtual nutrition-based services, including consultations, personalised meal planning, educational materials, and related online tools.
• Terms means these Terms and Conditions, as amended from time to time.
• Website means www.nutrivize.com.au or any successor site operated by Nutrivize.
• App means any mobile application launched by Nutrivize to provide access to its Services (whether now or in the future).

1. Introduction

These Terms govern your Membership with Nutrivize. By subscribing, you agree to be bound by these Terms. These Terms are subject to Victorian law and the Australian Consumer Law. Nutrivize may amend these Terms from time to time by reasonable notice. Continued use indicates acceptance.

2. Membership Inclusions

Each Membership tier includes access to online nutrition services via the Website (and future App), such as consultations, personalised meal plans, and nutrition education. Inclusions are detailed on the Website and may be varied with notice.

3. Consultations

Consultations are virtual, must be pre-booked, and are subject to availability. At least 24 hours’ notice is required to cancel or reschedule. Missed appointments without adequate notice will be forfeited.

4. Payments and Billing

Memberships are either:

• Paid upfront in full for a fixed term; or
• Paid via Instalment Plan over the selected term.

Instalments are binding and not cancellable monthly subscriptions. Late or failed payments may result in account suspension and administrative fees.

5. Refunds

Subject to the Australian Consumer Law:

• Refunds are not available after the program has commenced or services/content accessed;
• A refund may be issued (less a $25 fee) if cancellation occurs within 7 days of purchase and no services have been accessed;
• Refunds for hardship or service failure are discretionary.

6. Membership Term and Cancellation

All Memberships are fixed-term. Cancellation before the end of term does not entitle the member to a refund or pro-rata credit. Instalment Plans must be paid in full. Pauses may be approved in exceptional circumstances.

7. Client Responsibilities

You agree to:

• Provide accurate and complete personal and health information;
• Follow advice responsibly and seek clarification if needed;
• Understand that outcomes vary and depend on adherence and individual lifestyle      factors.

8. Scope of Practice and Qualifications

All Services are provided by trained professionals with qualifications meeting Australian standards in nutrition. Nutrivize does not provide medical advice, diagnosis, or treatment. Clients with existing health conditions must consult their GP or an Accredited Practising Dietitian (APD).

9. Privacy and Data

We handle your personal and health information in accordance with the Privacy Act 1988 (Cth). Data collected via the Website (and future App) may include personal details, user preferences, and engagement analytics.

We:

• Store your data securely;
• Use it to deliver and improve Services;
• Retain it for as long as required by law or business needs;
• Do not share it without consent unless required by law.

10. Support

Support is provided via email and any in-platform communication tool available through the Website or App (once launched). We aim to respond within 1–2 Business Days.

11. Cancellations, Transfers, and Pauses

Memberships are non-transferable and may only be paused or deferred with Nutrivize’s written approval, which is at our sole discretion.

12. User Conduct

You must use all Services respectfully and lawfully. You must not:

• Harass, abuse, defame, threaten or intimidate staff;
• Use offensive or discriminatory language;
• Misuse our platforms or contact channels.

Breaches may result in immediate termination without refund. Nutrivize reserves the right to report serious incidents to authorities.

13. Intellectual Property

All Content and materials made available to you by Nutrivize remain our exclusive intellectual property and are protected by the Copyright Act 1968 (Cth).

You must not:

• Reproduce, distribute, or sell any Content;
• Use our trademarks or brand without written permission;
• Share or retain materials post-membership.

You are granted a revocable, non-exclusive licence for personal use during your active Membership only.

14. No Guarantee of Results

Nutrivize provides guidance and education. We do not guarantee specific results. Your progress depends on personal commitment, biological factors, and external variables.

15. Governing Law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of Victorian courts.

16. Limitation of Liability

To the extent permitted by law:

• We exclude all implied warranties not required by statute;
• If liability cannot be excluded, our liability is limited to resupplying Services or refunding Fees paid;
• We are not liable for indirect, consequential or special loss, including but not limited to lost opportunity, income or data.

You assume responsibility for your own health and nutrition decisions.

17. Chargebacks and Disputes

1. Prevention First:
   You must contact us before initiating a chargeback.
2. Improper Chargebacks:
   If you initiate a chargeback without valid grounds under the Australian Consumer Law, this is a breach of contract. We may suspend access      immediately and initiate recovery proceedings.
3. Associated Costs:
       You will be liable for:
   • Our administrative costs;
   • Merchant dispute fees;
   • Legal and collection costs.

18. Indemnity

You agree to indemnify Nutrivize for any costs, claims, or liabilities (including legal fees) arising from:

• Your breach of these Terms;
• Unauthorised or improper use of Services;
• False claims, chargebacks or payment reversals;
• Misuse of Content or data.

19. Recovery of Outstanding Amounts

If you fail to pay any amount owed (including reversed or dishonoured transactions), you agree Nutrivize may recover:

• The unpaid amount;
• All legal costs on an indemnity basis;
• Debt collection agency charges;
• Administrative recovery fees;
• Interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic), compounded monthly.

Non-payment may also result in reporting to credit bureaus and enforcement through legal proceedings.

20. Contact

For support or correspondence:
Email: contact@nutrivize.com.au
Website: www.nutrivize.com.au