Terms & Conditions
Please read these Terms and Conditions (“Terms”, “T&Cs”) before using this website. By browsing www.hayleykus.com.au and/or purchasing any items and/or booking any services on this website you agree to be bound by the terms, conditions, policies and disclaimers set out below and in our Privacy Policy. These T&Cs form a binding agreement between you and Hayley McEachern trading as Hayley Kus Nutrition (ABN 68 357 833 663).
These T&Cs may be updated from time to time. Continued use of this website constitutes acceptance of any changes. If you do not agree to these T&Cs, please do not use this website.
This page governs:
Booking in for an appointment at Hayley Kus Nutrition via Cliniko, phone, or email
Any other related agreement or legal relationship with us
"We", "us", and "our" refers to Hayley Kus Nutrition and its employees and clinicians.
Contact email: hello@hayleykus.com.au
TERMS OF USE
CANCELLATION POLICY
You may cancel or reschedule your online consultation by emailing hello@hayleykus.com.au at any time up until 48 hours prior to the appointment start time at no additional cost.
If you cancel within 48 hours of your appointment start time, you will be required to pay 50% of the consultation fee. This will be sent to you via invoice and will require payment within 3 days of receiving the invoice.
If you fail to attend your confirmed appointment within 15 minutes of the scheduled start time, this will be classified as a no-show. No-shows will be charged 100% of the consultation fee, invoiced within 24 hours of the missed appointment and payable within 3 days of receipt. In cases of genuine emergency, fees may be waived or a complimentary reschedule offered at our discretion. Please contact us as soon as possible.
INVOICES & PAYMENT
An invoice will be issued immediately following your consultation and is due on the date of receipt. Payment can be made via the secure payment link included in your invoice.
Your treatment plan will not be released until payment has been received in full. Once payment is confirmed, your treatment plan will be emailed to you within 3 business days.
If payment is not received by the due date, a reminder will be sent. If the invoice remains unpaid after 14 days, a final notice will be issued. If payment is still not received after 30 days, Hayley Kus Nutrition reserves the right to refer the outstanding amount to a debt collection agency or pursue recovery through appropriate legal channels.
This applies to all invoices issued by Hayley Kus Nutrition, including post-consultation invoices and late cancellation or no-show fees.
COMMUNICATION
We use WhatsApp to communicate with clients between consultations for non-urgent matters, including sending voice notes and treatment plan explanations. WhatsApp messages will be responded to within 3 business days.
WhatsApp is intended for brief communication between consultations, including short clinical questions. If your question requires a detailed or in-depth response, you will be directed to book a follow-up consultation. WhatsApp is not a substitute for a consultation and is not intended to replace ongoing clinical support.
WhatsApp communication is available to current clients only. If it has been more than 3 months since your last consultation, we may not be able to respond to queries via WhatsApp and would encourage you to book a return consultation.
WhatsApp must not be used for urgent health concerns. If you require urgent assistance, please seek support from your GP or emergency services.
Use of WhatsApp for client communication is subject to your consent, as outlined in our Privacy Policy.
SALES POLICY
All purchases made on this Website including but not limited to nutrition consultations, digital products, ebooks, pdf downloads and online content are subject to these Terms. If you do not agree with any of these Terms, please do not purchase any of our products or services.
By using or making any purchase/s on this Website, you confirm that you are (i) at least eighteen (18) years old; or (ii) you are the guardian of a minor over the age of sixteen (16) and that you and your child agree to these Terms.
All products and/or services sold on our Website are subject to copyright protection, and are licensed to a single user only. You warrant not to copy, reproduce, distribute, share and/or transfer any products and/or services purchased from our Website to any third party and/or person. We reserve the right to cancel and/or reject any orders which we consider to be for commercial quantities.
Bookings for individual nutrition consultations are made via a secure third party booking system. After making your booking you will be sent various forms that you will need to complete prior to your nutrition consultation.
When undertaking and/or following any information on this Website, including but not limited to nutritionist advice, guidelines, products and/or services, it is possible that you will not achieve your desired results. Hayley McEachern/Hayley Kus Nutrition will not be held liable for any failure to achieve a desired result notwithstanding accurate implementation. There will be no refunds for failure to achieve a desired result under any circumstances.
The prices on our Website are subject to change without notice.
REFUNDS
No refunds or exchanges can be given after any purchase/s on this Website, including but not limited to e-books, nutrition services or online subscription services.
LIMITATION OF LIABILITY & DISCLAIMER
This site and the information on it is completely based upon the extensive research, own experiences and opinions of Hayley Kus Nutrition, unless otherwise stated or referenced. This site is not in any way designed for purposes of diagnosis or treatment of health conditions, and it is not designed to replace medical, dietary or health advice by your qualified health care practitioner. You agree to consult with your Doctor or healthcare professional and obtain medical clearance from your Doctor before starting any programs, services, advice or guidelines obtained from this Website and/or our products or services. To the extent permissible by law, Hayley Kus Nutrition and any of its agents and/or contractors will not be responsible for any injuries, health problems or death experienced or sustained as a result of using any services, programs and/or guidelines contained on the Website and/or as part of our products and services.
To the extent permissible by law, Hayley Kus Nutrition (and any of its agents and/or representatives) does not accept any responsibility for any loss or damage, howsoever caused, which you may directly or indirectly suffer in connection with your use of our Website (or any third party links featured on our Website), nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained on, or accessed through our Website and/or any of our products or services purchased or obtained, or for the cost of procurement of substitute products, or for messages received or transactions entered into, even if we have been advised of the possibility of such damages.
The use of information on our Website and in any of our products or services is at your own risk. To the maximum extent permitted by law, we exclude all liability in respect of any injury, loss or damage arising out of, or related to the use, or inability to use any information on our Website and/or any of our products or services. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damage, interruption of business, loss of data, income or profit, loss of, or damage to property and third party claims. If any liability is not able to be excluded by law, then to the maximum extent permitted by law, our liability is limited to the re-supply of any products and/or the price you have paid in respect of the same.
PRIVACY POLICY
INTRODUCTION
This privacy policy is to provide information to you, our patient, on how your personal information (which includes your health information) is collected and used within our practice, and the circumstances in which we may share it with third parties.
WHY AND WHEN YOUR CONSENT IS NECESSARY
When you register as a patient of our practice, you provide consent for our practitioners and practice staff to access and use your personal information so they can provide you with the best possible healthcare. Only staff who need to see your personal information will have access to it. If we need to use your information for anything else, we will seek additional consent from you to do this.
WHY DO WE COLLECT, USE, HOLD AND SHARE YOUR PERSONAL INFORMATION?
Our practice will need to collect your personal information to provide healthcare services to you. Our main purpose for collecting, using, holding and sharing your personal information is to manage your health. We also use it for directly related business activities, such as financial claims and payments, practice audits and accreditation, and business processes (eg staff training).
WHAT PERSONAL INFORMATION DO WE COLLECT?
The information we will collect about you includes your:
names, date of birth, addresses, contact details
medical information including medical history, medications, allergies, adverse events, immunisations, social history, family history and risk factors
healthcare identifiers
health fund details.
DEALING WITH US ANONYMOUSLY
You have the right to deal with us anonymously or under a pseudonym unless it is impracticable for us to do so or unless we are required or authorised by law to only deal with identified individuals.
HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
Our practice may collect your personal information in several different ways.
When you make your first appointment our practice staff will collect your personal and demographic information via your registration and new client form.
During the course of providing nutrition services, we may collect further personal information.
We may also collect your personal information when you visit our website, send us an email or SMS, telephone us, make an online appointment or communicate with us using social media.
In some circumstances personal information may also be collected from other sources. Often this is because it is not practical or reasonable to collect it from you directly. This may include information from:
- your guardian or responsible person
- other involved healthcare providers, such as specialists, allied health professionals, hospitals, community health services and pathology and diagnostic imaging services
- your health fund, Medicare, or the Department of Veterans’ Affairs (as necessary).
WHEN, WHY AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We sometimes share your personal information:
with third parties who work with our practice for business purposes, such as accreditation agencies or information technology providers – these third parties are required to comply with APPs and this policy
with other healthcare providers
when it is required or authorised by law (eg court subpoenas)
when it is necessary to lessen or prevent a serious threat to a patient’s life, health or safety or public health or safety, or it is impractical to obtain the patient’s consent
to assist in locating a missing person
to establish, exercise or defend an equitable claim
for the purpose of confidential dispute resolution process
when there is a statutory requirement to share certain personal information (eg some diseases require mandatory notification).
Only people who need to access your information will be able to do so. Other than in the course of providing nutrition services or as otherwise described in this policy, our practice will not share personal information with any third party without your consent.
We will not share your personal information with anyone outside Australia (unless under exceptional circumstances that are permitted by law) without your consent.
Our practice will not use your personal information for marketing any of our goods or services directly to you without your express consent. If you do consent, you may opt out of direct marketing at any time by notifying our practice in writing.
Our practice may use your personal information to improve the quality of the services we offer to our patients through research and analysis of our patient data.
We may provide de-identified data to other organisations to improve population health outcomes. The information is secure, patients cannot be identified and the information is stored within Australia. You can email hello@hayleykus.com.au if you do not want your information included.
COMMUNICATION & TECHNOLOGY CONSENT
WhatsApp Communication
Our clinic uses WhatsApp to send voice notes and text as a convenient way to communicate with you between consultations. This is for non-urgent matters such as an explanation of your personalised treatment plan once it has been emailed to you.
Please be aware that:
WhatsApp is a third-party platform operated by Meta and is not specifically designed for healthcare communication
Messages sent via WhatsApp are subject to Meta's own privacy policy
We will only use WhatsApp for communication if you have provided consent on your new client form.
WhatsApp should not be used for urgent health concerns. If you require urgent assistance, please contact us by phone or reach out to your GP or emergency services.
AI Transcription During Consultations (Heidi Health)
Our practitioner uses Heidi Health, an Australian-developed AI transcription tool, during consultations to assist with clinical note-taking. Heidi Health is compliant with the Australian Privacy Principles and holds internationally recognised security certifications. Participation is voluntary. If you do not consent on your new client form, notes will be taken manually.
For more information about how Heidi Health handles your data, you can visit their privacy policy at www.heidihealth.com.
HOW DO WE STORE AND PROTECT YOUR PERSONAL INFORMATION?
Your personal information may be stored at our practice in various forms including electronic records, paper records, visual records (X-rays, pathology results, CT scans, videos and photos), audio recordings and session transcripts.
Our practice stores all personal information securely. Hayley Kus Nutrition is bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). Electronically stored information is kept on secure APPs compliant software. Paper records are stored in a secure private environment.
HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION AT OUR PRACTICE?
You have the right to request access to, and correction of, your personal information.
Our practice acknowledges patients may request access to their health records. We require you to put this request in writing via email to hello@hayleykus.com.au and our practice will respond within a reasonable time of 30 business days. There are no fees associated with requesting and receiving access to your personal information.
Our practice will take reasonable steps to correct your personal information where the information is not accurate or up to date. From time to time, we will ask you to verify that your personal information held by our practice is correct and current. You may also request that we correct or update your information, and you should make such requests in writing via email to hello@hayleykus.com.au.
HOW CAN YOU LODGE A PRIVACY-RELATED COMPLAINT, AND HOW WILL THE COMPLAINT BE HANDLED AT OUR PRACTICE?
We take complaints and concerns regarding privacy seriously. You should express any privacy concerns you may have in writing via email to hello@hayleykus.com.au. We will then attempt to resolve the complaint or concern within a reasonable time of 30 business days.
You may also contact the OAIC (Office of the Australian Information Commissioner). Generally, the OAIC will require you to give them time to respond before they will investigate. For further information visit www.oaic.gov.au or call the OAIC on 1300 363 992.
PRIVACY AND OUR WEBSITE
We may collect personal information through our website and social media platforms when you interact with our practice, including when you complete contact forms, book appointments, subscribe to updates, or send us messages.
The types of personal information we may collect include your name, email address, phone number, health information you choose to share, and any other details relevant to your enquiry or care.
Our website may also use cookies and similar technologies to improve your browsing experience and better understand how visitors use our site. This may include the use of analytics tools that collect information such as your IP address, browser type, pages visited, and time spent on our website. This information is generally used in an aggregated and de-identified form to help us improve our services and website functionality.
We take reasonable steps to protect any personal information collected through our website and social media platforms and ensure it is handled in accordance with applicable privacy laws.
POLICY REVIEW STATEMENT
This privacy policy will be reviewed regularly to ensure it is in accordance with any changes that may occur.
T&Cs last updated 26 May 2026