Terms and Conditions
GENERAL
In these Terms: (a) Agreement means any order or booking relating to a Consultation, together with these Terms. (b) You means the person booking the Consultation. A Consultation may be booked for you or for a minor of whom you are the parent or legal guardian. (c) Consultation means the applicable Nourish Me Mama online Consultation session. (d) We or Us means Nourish Me Mama Limited and its successors and assigns. (e) Terms means these Terms and Conditions. (f) Website means www.nourishmemama.nz.
PURCHASE AND PRICE
2.1. A Consultation is booked via the Website for the price (which includes Goods and Services Tax) stated on the Website.
2.2. Each Consultation booking will constitute a separate contract on the terms of this Agreement.PAYMENTS
3.1. Payments when booking: The price for a Consultation is payable at the time of booking.
3.2. Credit card payments: If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full. This includes where chargebacks are applied to your payment.CANCELLATIONS, RESCHEDULING AND REFUNDS
4.1. You may cancel a Consultation booking via your booking confirmation. If you cancel at least 24 hours before the scheduled Consultation you will not be charged. If you cancel less than 24 hours before a scheduled Consultation, we reserve the right to charge you a cancellation fee.
4.2. You may reschedule a Consultation booking on at least 24 hours’ notice via your booking confirmation.
4.3. Other than as set out above we do not cancel bookings or provide refunds except as required by law. 4.4. If we cannot proceed with a scheduled Consultation, we will notify you as early as possible and reschedule the session.INFORMED CONSENT TO TREAT
5.1. Medical Information: You confirm that any medical information you provide to us is correct to the best of your knowledge. You also agree to complete and submit the required health intake form at least 5 days before the Consultation to enable us to prepare and provide a quality service.
5.2. Infant: If you are booking a Consultation for your infant, you confirm that you have the authority to make the booking and consent to Consultation on their behalf.DISCLAIMERS AND LIABILITY
6.1. Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and are not affected by anything in this clause.
6.2. Consultation disclaimers: (a) You acknowledge that the content we provide does not constitute medical or mental health advice. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. (b) We do not and cannot guarantee that you will achieve specific results from the Consultations.GENERAL
7.1. Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, natural event or other contingency interferes with delivery by us or with the performance by us of any of our obligations under this Agreement then we may at our sole discretion suspend our performance of any such obligation or cancel this Agreement and will not be liable to you in any respect.
7.2. Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
7.3. Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement. We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
7.4. Privacy Policy: (a) You consent to us collecting your personal and medical information for the purposes of providing our Consultation services. This may include communicating with your other health providers such as your family doctors. (b) We confirm that any personal information we collect in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in delivery of our services. (c) We agree to comply with relevant privacy laws in New Zealand including the Privacy Act 2020 in respect of any personal information collected in connection with the supply of our services and any future similar arrangement or arrangements. (d) If you have any questions about privacy or wish to make a request under the law, you can contact Arti Chhaganlal at arti@nourishmemama.nz.
7.5. Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages, please use the “unsubscribe” function and you will be removed from the mailing list.
7.6. Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.