1. Acceptance of Terms
By using the Momentum Starter – Nutrition Insights Pack (“Service”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use this Service.2. Service Provider
This Service is provided by:- Business Name: Momentum Dietetics
- Contact: hello@momentumdietetics.com.au | 0431 960 480
- ABN: 97 485 549 965
3. Service Description
The Momentum Starter – Nutrition Insights Pack is a complimentary introductory service designed to provide general nutritional insights and consists of: a) A 4-day nutrition analysis report based on your self-submitted food diary data b) A 10-15 minute follow-up consultation with an Accredited Practising Dietitian to discuss your results This Service is intended for individuals based in Australia and New Zealand.4. Nature of Service
IMPORTANT: This Service provides:- General nutritional information and education only
- A snapshot analysis of self-reported dietary intake
- Basic nutritional insights based on Australian Nutrient Reference Values and the Australian Guide to Healthy Eating
- Medical advice, diagnosis, or treatment
- Personalised nutrition advice or meal plans
- Recommendations for specific medical conditions
- Ongoing dietetic care or management
5. Eligibility and Restrictions
5.1 Target Audience
This Service is intended for generally healthy individuals seeking basic nutritional insights.5.2 Not Recommended For
This Service is not recommended for individuals with:- Medical conditions requiring specialised dietary management
- Eating disorders or disordered eating patterns
- Food allergies or intolerances requiring clinical management
- Pregnancy or breastfeeding (without prior consultation)
- Specific therapeutic dietary needs
5.3 Participation Acknowledgment
You may participate at your own discretion if you have medical conditions, however, you acknowledge that this Service is not designed for medical management and you should seek appropriate medical and dietetic advice for your condition.6. Customer Obligations
To receive this Service, you must:6.1 Food Diary Submission
- Submit a complete 4-day food diary using the Easy Diet Diary app or as otherwise instructed
- Provide accurate and honest information about your food and beverage intake
- Submit your diary within before your 1-on-1 call
6.2 App Requirements
- Have access to a compatible device (iOS or Android)
- Create and maintain an Easy Diet Diary account
6.3 Consultation Attendance
- Schedule and attend your 10-15 minute consultation at the agreed time
- Provide reasonable notice if you need to reschedule
7. Limitations and Disclaimers
7.1 Accuracy Limitations
You acknowledge that this nutritional analysis has inherent limitations, including but not limited to:
- Data Entry Errors: Incorrectly typing or selecting food/drink items in the app
- Food Matching Errors: Difficulty selecting the exact equivalent of foods consumed from available database options
- Memory Recall Issues: Accuracy affected by delayed entry of food intake
- Portion Size Estimation: Difficulty accurately quantifying volumes and weights
- Food Preparation Variables: Variations in cooking methods, brands, and ingredients
- Edible Portion Estimation: Difficulty accounting for non-edible parts (bones, stems, peels)
- Behavioral Modification (Hawthorne Effect): Changes in eating behavior due to awareness of being observed/tracked
- Representative Sample: 4 days may not fully represent your typical dietary patterns
- Database Limitations: Reliance on Australian food composition databases which may not include all foods or latest formulations
7.2 Software Platform Limitations
Momentum Dietetics uses third-party software platforms (including but not limited to Easy Diet Diary and Foodworks) for nutritional analysis. We are not liable for:
- Inaccuracies in third-party food databases
- Software errors, bugs, or technical issues
- Data loss or corruption
- Platform availability or downtime
7.3 No Health Benefits Claimed
No advice is given, and no inference should be made, regarding health benefits beyond the level of the Australian Nutrient Reference Values and/or Australian Guide to Healthy Eating.
8. Free Service Terms
8.1 No Payment Required
This Service is provided at no cost as an introductory offering to help you understand our services.
8.2 Lead Generation
Purpose You acknowledge that this free Service is designed to:
- Introduce you to Momentum Dietetics services
- Help you assess whether full dietetic consultation services are appropriate for your needs
- Generate interest in our paid consultation services
8.3 No Obligation
You are under no obligation to purchase additional services from Momentum Dietetics after receiving this free Service.
9. Limitation of Liability
9.1 General Limitation
To the maximum extent permitted by law, Momentum Dietetics and its dietitians, employees, and contractors are not liable for:
- Any loss, damage, or injury arising from your use of this Service
- Decisions you make based on the nutrition report or consultation
- Any health outcomes or changes to your diet following receipt of the Service
- Inaccuracies in the nutrition report due to the limitations outlined in Section 7
9.2 Australian Consumer
Law Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded.
9.3 Professional Indemnity
Our dietitians maintain appropriate professional indemnity insurance for services provided within their scope of practice.
10. Intellectual Property
10.1 Ownership
All content, materials, and intellectual property in the nutrition report and consultation remain the property of Momentum Dietetics.
10.2 Personal Use License
You are granted a personal, non-transferable license to use your nutrition report for your own personal reference only.
10.3 Restrictions You may not:
- Reproduce, distribute, or share your report publicly
- Use the report for commercial purposes
- Modify or create derivative works from the report
- Remove any copyright or proprietary notices
11. Privacy and Data Protection
11.1 Information Collection
We collect and process personal information including:
- Contact details (name, email, phone number)
- Food diary data and dietary intake information
- Health information relevant to the Service
11.2 Use of Information
Your information is used to:
- Provide the nutrition analysis and consultation
- Communicate with you about the Service
- Improve our services
- Send information about our other services (with your consent)
11.3 Data Security
We implement reasonable security measures to protect your personal and health information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.
11.4 Privacy Policy
For full details on how we handle your information, please refer to our Privacy Policy at: https://momentumdietetics.com.au/legal/
12. Consultation Booking and Cancellation
12.1 Scheduling
After booking your 10-15 minute consultation, you will receive instructions on how to submit your food diary.
12.2 Rescheduling
If you need to reschedule, please provide at least 24 hours’ notice.
12.3 No-Show Policy
If you fail to attend your scheduled consultation without notice, we reserve the right not to reschedule.
12.4 Service Expiry
This Service must be completed within the 6 week challenge (or 42 days) of activation. After this period, the Service expires with no obligation on Momentum Dietetics to provide the Service.
13. Communication and Marketing
13.1 Service Communications
By using this Service, you agree to receive communications necessary for service delivery via email, SMS, or phone.
13.2 Marketing Communications
We may send you information about our other services. You can opt out of marketing communications at any time by:
- Clicking unsubscribe in any email
- Contacting us at hello@momentumdietetics.com.au
- Calling 0431 960 480
14. Termination
14.1 Our Right to Terminate
We reserve the right to refuse or terminate the Service if:
- You provide false or misleading information
- You breach these Terms and Conditions
- We determine the Service is not appropriate for your circumstances
- You engage in abusive or inappropriate behavior toward our staff
14.2 Effect of Termination
Upon termination, your right to use the Service ceases immediately.
15. Referral to Paid Services
15.1 Transition to Paid Services
If you require personalised nutrition advice or ongoing dietetic care, we will refer you to:
- 60-minute Initial Dietitian Consultation
- Other appropriate dietetic services
15.2 No Guarantee
Receiving this free Service does not guarantee availability for paid consultations. All paid services are subject to their own terms and dietitian availability.
16. Disclaimer of Warranties
To the extent permitted by law, this Service is provided “as is” without warranties of any kind, either express or implied, including but not limited to:- Accuracy of the nutrition analysis
- Suitability for your specific needs
- Error-free or uninterrupted service
- Specific outcomes or results
17. Indemnity
You agree to indemnify and hold harmless Momentum Dietetics, its dietitians, employees, and contractors from any claims, damages, losses, or expenses arising from:- Your use of the Service
- Your breach of these Terms
- Your provision of inaccurate information
- Decisions you make based on the Service
18. General Provisions
18.1 Governing Law These Terms are governed by the laws of NEW SOUTH WALES, Australia.
18.2 Dispute Resolution Any disputes arising from these Terms will be resolved through good faith negotiation. If negotiation fails, disputes may be referred to mediation before court proceedings.
18.3 Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
18.4 Entire Agreement These Terms constitute the entire agreement between you and Momentum Dietetics regarding this Service.
18.5 Amendments We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.
18.6 No Waiver Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.