Free 15 Minute Consultation Terms & Conditions

Free 15 Minute Consultation Terms & Conditions

The Vitality Project Trading Company Ltd ("TVP", "we", "us" or "our") offers a free 15 minute consultation platform enabling everyone to have easy and accessible assessments for their nutritional needs.

These terms and conditions ("Terms") shall be applicable to all users ("Users", "you" or "your") having access to and/or using our free 15 minute consultation and services (together, our "Services"), by whatever means and medium. By using TVP, including this website, together with any digital applications and software (including but not limited to video consultations), you accept these Terms in full, along with all other policies and procedures that we may publish or otherwise communicate to you from time to time.

These Terms constitute a legal and binding agreement between you and TVP. Please read them carefully before you start to access/use and/or continue to access/use our Services. Your access to and/or use of the Site and the Services is conditional upon your acceptance of and compliance with these Terms. By accessing or using our Services you agree to be bound by these Terms.

We may amend and update (including, without limitation, issue additional terms and conditions for specific features of this website or our Services) these Terms from time to time. You are reminded to regularly review these Terms to keep yourself updated on the latest version. We may, but shall in no event be obliged to, notify you of any update to the terms of these Terms by means of posts on this website. By continuing to access or use this website or the Services after any amendments and updates become effective, you agree to be bound by these Terms as amended, which shall supersede all previous terms and conditions we have with you in respect of the Services.

There are some limitations on our obligations which are set out in these Terms. The most important of these are:

- We provide remote nutritional advice and consultations.

- To provide our services, we will require certain personal information from you. We will store that information securely and we will not share it with anyone unless you authorise us to do so or if we have a legal obligation to do so.

1. Consultations

You agree to the following conditions for any consultation that you book with TVP:

- The information you have provided/will provide via questionnaires, video, phone, email, in-person, or by any other means of communication, is accurate to the best of your knowledge.

- The recommendations you will receive, are not a substitute for medical advice from a qualified doctor.

- The advice you receive from TVP is personal and applies to you only. This same advice may be ineffective or even harmful when applied to other people with a different background.

- You must communicate to us any changes in your medical prescriptions or treatments (if applicable) for the duration of your nutrition plan.

- You must inform us promptly if any of your new changes in diet or lifestyle start to cause you adverse effects.

- You understand that the advice you receive will not be enough to achieve your nutrition or lifestyle goals unless you follow it diligently and commit to it fully.

- You understand that any changes in your diet and lifestyle may produce gradual effects in your body, health, and condition; the effects are not likely to be instantaneous.

-  You fully understand that, although our free 15 minute consultation will endeavour to help you achieve your nutrition and lifestyle goals to the extent possible, the possibility exists that you may not fully attain your goals due to factors outside the control of our free 15 minute consultation.

By using our Services, you understand and agree to the following:

- You are responsible for contacting your GP about any health concerns.

- If you are receiving any form of treatment from your GP or other medical professional(s), you shall tell them about any nutritional advice provided by our consultation. This is important because of any possible reaction between medication and the nutritional programme.

- It is important that you tell our consultant about any medical diagnosis, medication, herbal medicine, or food supplements you have received or are otherwise taking as this may affect the nutritional programme.

- If you are unclear about the agreed nutritional programme, you shall contact our consultant(s)  promptly for clarification.

- You shall contact our consultant(s) if you wish to continue any specified supplement programme for longer than the original agreed period, to avoid any potential adverse reactions.

By using our Services, we request that you note the following:

- The degree of benefit obtainable from the free 15-minute consultation may vary between clients with similar health problems.

-  our consultant(s)are not permitted to diagnose, or claim to treat, medical conditions.

- Nutritional advice is not a substitute for professional medical advice and/or treatment.

2. Scope of practice 

The role of our 15 minute consultation is to apply nutritional science in the promotion of health, performance, and individual care. Consultant(s) use a wide range of tools to assess and identify potential nutritional imbalances and understand how these may contribute to an individual's symptoms and health concerns. This approach allows them to work with individuals to address nutritional balance and help support the body towards maintaining health.  

We never recommend a free 15 minute consultation as a replacement for medical advice and will always refer any client with 'red flag' signs or symptoms to consult their GP or other medical professional.

3. Accessing our Services

To access the Services, you represent and warrant that you are at least 18 years old and possess the legal right and full mental capacity to accept and agree to, and fully understand, these Terms.

All consultations take place via video. Our Services are only available remotely using the internet, data networks and devices which can access the internet. If you wish to use the Services, you should ensure you have an internet-enabled device and a sufficient internet connection available.

At any time, you may be notified that information is available for your review that is considered private and possibly time-sensitive, so you should consider ease of access when determining which email address you use for your notifications.

You acknowledge that we do not guarantee a connection can be made or maintained at any time. Technical or security threats or issues affecting the infrastructure may require us to suspend our Services and postpone consultations to ensure they are secure and/or operating optimally. We will minimise these suspensions but are not responsible to compensate you if they occur.

4. Confidentiality; use of personal information

Notes may be taken during the session. If any notes are taken, please be assured that anything discussed will be kept confidential.

You agree to our use of your personal information as set out in our Privacy Policy, a copy of which can be seen here : https://www.vitality-project.com/pages/privacy-policy

In particular, any personal information relating to you that you provide to us or that is generated as a result of your use of the Services (e.g. the results of any consultation with your Consultant) may be used to: (i) provide the Services; (ii) provide relevant information to our Consultant involved in conducting consultations with you;

If you have any concerns in relation to the way we are using your personal data, please contact us.

7. Circumstances beyond our control

Neither TVP, nor its directors, officers, employees or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside of either its or any of their control. If this does happen, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure.

8. Service reliability; warranties

TVP makes no warranty that the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data which are carried over telecoms and network service providers.

We will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of any data that we may store applicable to you. You acknowledge and agree that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of our system and/or the Services, in which circumstances any appointments may require re-arranging.

9. Feedback; complaints

If you wish to provide us with any feedback, please email us at hello@vitality-project.com

If you wish to make a complaint, you may do so by emailing us at the email address noted above or by writing to us at The Vitality Project. PO Box 42,Mapua, 7048, Tasman, New Zealand

We request that all complaints are made in writing and as soon as possible after the event so that we may establish what occurred in a timely manner.

We will allocate a senior member of our team to deal with the issue raised in your complaint. The senior member of our team allocated to your complaint will investigate every aspect of the complaint and discuss it with all those concerned or involved.

We endeavour to resolve all complaints quickly. We will acknowledge your complaint within five business days and will aim to have it fully investigated within 20 business days from the date we receive it. We will write to you to let you know of any delays to this timescale.

Upon completing our investigation, you will receive a letter setting out the outcome of our investigation into your complaint. We will ensure that you receive an apology if appropriate, and we will take any and all actions necessary and reasonable to ensure that particular action (or inaction) giving rise to a warranted complaint is not repeated.

10. Other important terms

All provisions of these Terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability and on-going use of your data. Termination of these Terms or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.

No provision of these Terms is intended to be enforceable by any person other than you and us.

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

You and TVP each agree that neither you nor we shall have any remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. Nothing in these Terms shall limit or exclude any liability for fraud.

If any provision of these Terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your legal right to have Services provided within a reasonable time or to receive a refund if Services cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

These Terms are governed by and in accordance with the Law of New Zealand, and the courts of New Zealand shall have exclusive jurisdiction to hear any disputes arising in connection with them.