Effective 20 February 2024 

1.    Introduction

1.1    These are the terms and conditions (the “Terms”) that apply to your access to, and use of, the services provided by Victoria Biddick Nutrition Limited (Company number 9105863) (“VB Nutrition”, “we”, “us” and “our” and such references includes our officers, employees, contractors and assignees).

1.2    Where we refer to “you” or “your” in these Terms, we mean the individual using our services.

​1.3    By accessing and using our services, you acknowledge you have read, and agree to comply with, these Terms.  Accordingly, please read these Terms carefully.

​1.4    We may wish or need to change these Terms, in whole or in part, from time to time (including fees payable).  If any of the changes will disadvantage you, and the changes are within our control, we will notify you by email and/or text at least 10 days before the changes take effect.  

​1.5    The date at the beginning of these Terms will be updated to the date the changes take effect.  You are responsible for ensuring you are familiar with the latest Terms.  Your continued use of our services after any changes are made will be confirmation of your acceptance of these Terms as amended.

2.    Our services

​2.1    We provide a range of nutrition consultancy services. The particular services we will provide to you will be separately agreed in writing with you.

2.2    We will provide you with our services on the terms set out in these Terms.  We will determine, in our sole discretion, the manner and means by which the services are performed.

3.    Your Obligations

3.1    You will be required to provide certain personal information that will enable us to provide personalised nutrition advice for you.  

​3.2    You agree that any information you provide to us will be true and accurate and if your circumstances change resulting in any information you have previously provided to us no longer being true and accurate, you will immediately notify us by email at hello@vbnutrition.nz

4.    Fees

4.1    The fees for our services are set out on our website.

4.2    Unless agreed otherwise, we will invoice you monthly in advance for our services and you agree to pay our invoice within seven days of receiving it.

​4.2    Payment for all services is to be made by automatic bank transfer to the bank account notified to you by us from time to time, in advance on the first calendar day of each month before the provision of the services.  You must make payment of all our fees without set off, deduction or withholding of any kind.

​4.3    If you default for any reason in payment of any amount on the due date, you will pay to us on demand interest at a rate equal to 10% per annum calculated by us on a daily basis on the amount so unpaid from the due date until payment.  Charging of this interest will not limit any of our other rights or remedies in respect of your default.

4.4    Refunds will not be given. If you need to cancel and re-book your appointment you can do this free of charge up to 24 hours before your scheduled appointment time. Cancellations within 24 hours of the appointment will incur a 50% penalty fee.

5.    Termination

5.1   Nutrition plans are not able to be cancelled during its term.

5.2   If you decide to cancel your nutrition plan before the end of the plan period you will be required to pay any fees still owing.

5.3.   Subject to 5.1 and 5.2 you may stop using our services at any time and can do so by emailing us at hello@vbnutrition.nz.

5.4    We reserve the right, at our reasonable discretion, to suspend or terminate your access to or our services, at any time, either temporarily or permanently.  We may exercise this discretion if you breach these Terms (including failure to pay any amount owed to us).  We will notify you of a suspension or termination using the details you have provided to us.

5.5    If, at the time of suspension or termination of our services and you have agreed to purchase our services, and you have outstanding payments due to us, you remain liable to make remaining payments, and any outstanding default fees, until all amounts owed to us have been paid. 

6.    Warranties and indemnity

6.1    We warrant that we will use all reasonable skill and care in the provision of our services to you.

6.2    Our services are provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded to the extent that they can be excluded as a matter of applicable law. 

6.3    You acknowledge that our services are an accompaniment, and not a substitute, to the advice provided by your doctors.

6.4    You represent that you have not relied on any representation made by us which has not been expressly stated in these Terms and, without limitation, you acknowledge that we have not represented to you that by receiving services from us you will achieve and sustain optimal health or otherwise any particular health outcome.

6.5    You acknowledge and understand our past health successes or health successes of others are not a guarantee that you will have any health success after receiving our services given the difference in personal attributes, personal behaviours and environmental attributes outside of our control.

7.    Personal information and privacy

7.1    To use our services, you will need to provide some of your personal information with us.  We may not be able to provide our services to you if you do not provide this information.

7.2    Our privacy policy advises you of the information we collect and how we use and share it.  Our privacy policy can be found on our website at www.vbnutrition.nz/privacy. By using our services, you accept the terms of our privacy policy. 

8.     Liability and Indemnity

8.1    Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, but otherwise to the maximum extent permitted by law, we are not liable to you for any loss or damage (whether it is direct, indirect, consequential or otherwise) arising out of, or in connection with the use of, our services.

8.2    You agree to release us from any claims that you may have against us and will at all times indemnify us against all proceedings, actions, claims or demands made by any person whether for personal injury (including death and disability) or otherwise and whether occasioned by negligence, breach of a statutory duty, tort, equity, breach of contract or otherwise suffered as a result of or in connection with you using our services.

9.    Intellectual Property

9.1   In these Terms, “Intellectual Property” means all rights to, and interests in, any copyright, trade mark, know-how, domain name, software and any other proprietary right or form of intellectual property.

9.2   All Intellectual Property in the website and the mobile app is owned by us or our licensors (as applicable) and none of the contents of the website and the mobile app may be used, reproduced, copied or distributed, in any way whatsoever, other than to use the website and the mobile app for your personal use.

9.3  You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of the website and the mobile app.

10.    General

10.1    We will communicate with you by telephone, or through text messages and/or email, and you consent to us communicating using the contact details you provide to us.

10.2    You may not assign or transfer any of your obligations under these Terms. We may assign some or all of our rights, obligations and/or interests, subcontract some or all of our obligations or novate our agreement with you, to another person provided it does not detrimentally affect your rights under these Terms.  Where we do this, we will let you know (including letting you know where you can access contact information for the person who we will or have transferred to and when the transfer will or has taken place).

10.3   No waiver of any breach, or failure to enforce any provision, of these Terms at any time by you or us will in any way affect, limit or waive your or our right to enforce and compel strict compliance with the provisions of these Terms.

10.4   If any part of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms, which will remain in full force and effect.

10.5   The use of our services in New Zealand is governed by, and will be construed under, the laws of New Zealand and the courts of New Zealand will have exclusive jurisdiction.