Website Terms and Conditions

Introduction

Hello beautiful!! This website, KIMMIKATTE.COM is owned and operated by KIM THERESE KATTE ABN12322734902 . If you have any questions or need further information, please email me (Kimmi Katte) here kimmi@nutritionalsynergy.com.au

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read it, as it sets out the terms of our relationship so that we may both benefit from clear boundaries and knowing what to expect from each other.

When you visit this website, use my services or purchase my products you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t agree, you should not continue to visit this website or purchase from me.

This document may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

There may be additional specific terms of service provided to you in relation to my products / services / training / courses. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

Content Disclaimer

On this website and my social media accounts you may find information about nutrition and lifestyle modifications. This content is provided solely for the purpose of encouraging you to do whatever is in your power to feel great in all the ways so that you can get on with your beautiful life.

Content Policy:

I take lots of care to provide valuable information but I cannot be held responsible for the use that you make of that information.

It is important that you understand that generalised information about nutrition and lifestyle modifications is never a substitute for professional advice specific to your personal situation.

There is no professional relationship formed by your visit to my website unless you explicitly choose to work with me by purchasing my services or products.

Any testimonials or results I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results.

While I take all reasonable care to ensure that the information I provide is accurate, relevant and up to date, I make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let me know!

I may modify the content provided on this website at any time, including altering or deleting it without notice.

Visitor Responsibilities

You are responsible for your own safety and well-being while browsing the internet. I know this sounds obvious, but I want you to know that the information I provide in my content is generic and is not a substitute for specialised advice tailored to your unique circumstances. Do not take action or make major life decisions without first seeking independent, individualised, appropriately qualified professional advice specific to your individual needs.

Downloads

My website offers paid and free downloads. While I make every effort to ensure that these downloads are safe and trouble-free, I am not responsible for any viruses, other technologically harmful material or any other damage which might occur as a result of downloading material from this site. Please make safety your priority and ensure you have adequate protection against viruses and other malicious attacks that may occur without my knowledge or consent.

External Links

Every now and again I may provide links to external websites here on my website and in my social media. I have no control over the information provided on these sites, and the links are solely for your information, education or entertainment.

Third Party Advertisements

I may provide links to the websites of affiliates. if I do that it’s because I think they’re great, but I do not explicitly endorse any services or products they offer for sale. I would only provide these links if I think they are reputable businesses, but any relationship you enter into with them is at your own risk, and I am not a party to the transaction in any way. If any links I include on my website appear to be broken, please let me know!

Disclaimer for Services and / or Products

There are a number of ways you may choose to work with me that are available to purchase or book through my website. The terms and conditions in this document apply to all of my services and products unless alternative terms are explicitly provided to you.

I provide the following services and products:

Nutritional Medicine Services – the creation of holistic and individualised treatment plans to improve the way your body shows up for you

Life Coaching – provides guidance and support on an individual level to help people achieve specific and identifiable goals

Education and Support Group Classes – I run these classes to provide information and support to people who are interested in learning about food, nutrients, and lifestyle modifications for people within the lipoedema and lymphoedema communities

Informational packs that are grouped to address subjects that are of interest to the lipoedema and lymphoedema communities

Blog posts – I share information about food, nutrients, and lifestyle modifications that interest me and may also interest you, the people you love, or the people who love you

The intention for all my services and products is to provide clarity, empowerment, accountability, support, and practical information in the ever-changing and sometimes muddy world of nutrition. I proudly provide most of my services and products for the benefit, education, and support of people in the lipoedema and lymphoedema communities.

Qualifications and Commitments

I am a Clinical Nutritionist with an Advanced Diploma in Nutritional Medicine, and certification in Life Coaching. In addition, I have more than 30 years personal experience in the frustrating and lonely world of managing lymphoedema and lipoedema. I recommend Certified Life Coaching to my patients to help them apply the change suggested in their Treatment Plan.

I am committed to continued professional education and remain connected and aware of the difficulties people experience with making nutritional and lifestyle changes. I have alerts on research papers that mention lipoedema and / or lymphoedema and take particular interest in those that can provide me with practical tools I can share with my patients, and within these communities. I am committed to best practice with the resources I provide so that people who use my services and products have the kind of experience that I would want to have myself!

Your Responsibility

For Nutritional Medicine work and group work, you should read the material I provide and be consistent with the adherence of food and lifestyle suggestions so that you get the best out of your experience. I’d love you to be aware, think independently, take responsibility for your actions and education around your life and your health, and seek professional advice individualised to your situation when it is outside of my scope as a nutritionist. It’s important that you will have realistic expectations. Every person brings health “baggage” with them to their consultation that took some time to develop and will take some time to improve. Give the changes time to have their beneficial effect. Most people will experience benefits within 6 months of consistent adherence.

Important Information

The suggestions I make in my services and products will take time to be effective. I do not make any promises or guarantees in relation to results if you use my services or products. You should be patient and practical in your application of my nutritional and lifestyle suggestions and give them time and consistency to take effect – this is not a quick fix, and if you don’t make changes, you cannot expect change. The changes you do experience will depend on a wide range of factors beyond my knowledge and control.

Specific Instructions

You will get the most value out of your work with me by asking questions where appropriate, reading the material I provide to you, doing the homework I recommend, and making emotional and physical room for change. For Nutritional Medicine services I will need to see some pathology from you – this will always involve blood tests and sometimes saliva or urine testing depending on the information you provide me. I will let you know which tests I need for our work together, and it is your responsibility to ensure that the tests I need (to provide you a complete Treatment Plan) are run under the conditions required for accuracy. If you send me test results that I have not specifically requested I may charge an additional reading fee for this work – please let me know if you would like me to allocate time and invoicing for this. For your Treatment Plan to be safe and effective nutritionally, I need you to be honest with me during our interactions. Please do not share your Treatment Plan or prescription with others without my permission.

My Nutritional Medicine services may include reviewing supplements you are currently taking and making recommendations on further supplementation. If you are taking more than 10 supplements, there will be an additional fee (depending on how many you are taking) for review, and I will not make recommendations on further supplementation in these cases. I also reserve the right to refuse reviewing  your supplements if I feel they are excessive or will involve an unreasonable amount of time and research, if they are self-prescribed, or you are under the care of another health professional who has prescribed them for reasons that have not come to light in the consultation interview. 

Risks

I worry about people who don’t read the material I send to them when we work together. I include as much information as possible so that you can make healthy food, nutrient, and lifestyle modification choices, but it is your responsibility to read the material thoroughly. I worry that some people forget that they will probably need to make some significant changes when they work with me. Getting comfortable with change is a very important part of the process. Usually one of the biggest changes that my patients have to undergo is changing their relationship with food and what they expect it to give them – this can be confronting and uncomfortable. For Nutritional Medicine services if you experience a non-urgent reaction to the changes in your food, if you become pregnant, or if you add a new medication that may interact with nutrients or foods in your protocol, email me with those details and I will see you for an appointment as soon as I can so that we can investigate or make changes. If you feel that a food or supplement I have prescribed is giving an adverse reaction, please stop that supplement or food and book an appointment with me. I will never advise you to stop a medication, however I may recommend that you discuss with your doctor or pharmacist about a medication you are taking to see if there is an alternative that has fewer or different side effects. Do not stop or change any of your medications unless you have had appropriate medical advice to do so.

Limitations

Nutritional Medicine is not a medical qualification, and I am not a doctor, nor a mental health professional. Do not stop current medical treatment, and do not self-medicate. If you require the services of other the services of other health professionals alongside our nutrition work together, you should seek those services independently. If you have a Nutritional Medicine treatment plan and need clarification or changes made to your treatment plan, please book a Nutritional Medicine consultation – these clarifications and changes will not be covered under coaching services. Coaching is not therapy or a substitute for mental health support. Coaching is not Nutritional Medicine. Coaches will not alter or clarify Nutritional Medicine recommendations.

It is important to get clearance from an appropriately qualified medical professional before making major changes to your lifestyle. The emotional relationship with food can be intense and complex – please monitor your mental and emotional wellbeing in making changes, and if you feel you need assistance in this regard please seek the services of a mental health professional.

Suitability

My products and services are unashamedly directed towards benefiting those with lipoedema and / or lymphoedema, or lipo-lymphoedema. If you identify with these conditions and are prepared to read, learn, make change, prioritise yourself, embrace the healing potential of real unprocessed healthy foods, be accountable, take responsibility for your life, health, and decision-making as far as it is up to you and just get on with your beautiful life, I’m your nutritionist! My products and services will also benefit those people who care for or live with people with lipoedema, lymphoedema, or lipo-lymphoedema. Every now and again people come to me who do not have these conditions and I recommend they book a Discovery Call with me to make sure I am well-equipped to help, and if I am not, I will do my best to refer you to a more suitable practitioner.

Coaching services are suitable if you are prepared to read, learn, make change, prioritise yourself, be accountable, take responsibility for your life, health, and decision-making as far as it is up to you so that you can be well-equipped to get on with your beautiful life.

Unsuitability

You might not be a good fit for Nutritional Medicine work with me if you are not ready to make changes to the way you eat and address your relationship with food. Change is part of the process and doing this kind of work will cause you to butt up against your relationship with food. This can make some people resist change and if this is you, the time may not be right for us to work together yet. Your willingness to read and understand the material I provide, to release your reliance on some unhealthy foods or beverages, and to create new healthy habits will make us a great team!

SPECIAL NOTES ABOUT KETOGENIC DIETS: KETO IS NOT THE ONLY DIET I WORK WITH

Many people come to me for help with applying a ketogenic diet. I want you to know that I am a nutritionist who knows all the diets and I am capable of building you a dietary protocol that is suitable for you. If a ketogenic diet is not suitable for you, or if for some reason you or your appropriately qualified medical professional recommends against it, do not purchase any of my ketogenic products or services. You are not a good fit for a ketogenic diet if you are using SGLT-2 inhibitors, have acute intermittent porphyria, have advanced renal failure, and if you are a frail elderly person who is at risk of non-compliance. Those with carnitine deficiency, carnitine palmitoyl‐transferase deficiency, carnitine‐acylcarnitine translocase deficiency, mitochondrial fatty acid β‐oxidation disorders and pyruvate carboxylase deficiency (conditions characterised by defective ketogenesis) are also not a good fit for a ketogenic diet. If you have any concerns please make sure you speak to an appropriately qualified medical professional – it is important that you do not self-prescribe in this area.

Coaching services are unsuitable if you are looking for a substitute to professional mental health services. Coaching is not a magic wand and you should be prepared to make change, and face uncomfortable feelings during the coaching process. 

Limitation of Liability

I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However even if there is a major problem my liability is strictly limited to replacing the products or providing the services again, or if I am unable to do so within a reasonable time, paying the cost of having the relevant products or services supplied to you again.

If you feel that there is a problem with your purchase, please let me know within 7 days of purchase at kimmi@nutritionalsynergy.com.au

I am keen to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution.

Waiver

I do not make any guarantees or warranties about the accuracy of any material displayed on this website, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let me know!

While I make all reasonable efforts to ensure that this website and my services and products meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.

You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.

You expressly agree that if this limitation of liability is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to me for my products and services.

Intellectual Property

You may store, print, and display the publicly available content supplied solely for your own personal use. If you are a student participating in my training, course content may be printed or downloaded to a local hard disk strictly for your personal and non-commercial use. Course content contains information that is offered exclusively to students. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else under any circumstances. Commercial exploitation of my content in any way that competes with my business is strictly prohibited. You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website. You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where non exists.

Payment Terms

All payments made through this website are processed using Stripe, and payment is required upon booking.

I do not have access to your payment or account details. Any financial information you enter is stored under Stripe’s security policy: https://stripe.com/docs/stripe

You agree to pay all costs, including debt collection agency fees and solicitor’s costs that I may incur in taking steps to recover any money that you owe to me whether or not legal proceedings are issued in relation to the debt.

Delivery

Deliver of teleconference services (Nutritional Medicine and Coaching) is via Zoom. For Nutritional Medicine consults, you will receive a link to the Zoom meeting in your confirmation email upon booking an appointment.  For Coaching consults, your coach will let you know when you can expect to receive your Zoom link. If you would like your food diary reviewed, make sure you email it 24 hours prior to the call. It’s a good idea to take an extra 5-10 minutes before our meeting time to make sure you have good internet connection and all your technical equipment is ready, have note-taking supplies ready, a cup of tea or water, and take steps to make sure you will not be interrupted during the call.

Appointment Policies

Nutritional Medicine and Discovery Call appointments can be booked via this website www.kimmikatte.com

PLEASE PAY ATTENTION TO THE TIME ZONE PART OF THE BOOKING CALENDAR WHEN MAKING YOUR BOOKING.

Initial Nutritional Medicine appointments and Discovery Call appointments are arranged by you via the booking page on this website www.kimmikatte.com

Nutritional Medicine appointments and Coaching appointments require 24 hours notice for postponement and rescheduling so that your scheduled appointment time can be given to somebody waitlisted. Of course if you can’t make it because of an emergency we will come to an mutually beneficial agreement. Time is precious – I hope you will value my time as much as I value yours. Sleeping in, forgetting, not feeling like attending, and deciding you’d rather do something more fun are not emergencies! If you do not attend your appointment and there was no emergency, you will need to purchase another meeting time via the booking link, or use a future appointment you may have already purchased to rebook. Please let me know how you would like to manage this so that we can get on with our nutrition / coaching work together!

Coaching appointments will be arranged between you and your coach. Coaching packages should be used within the period of time specified in the pack you purchase.

Refund Policy

I do not offer a refund if you change your mind about your purchase. However, I will happily meet with you via teleconference to discuss your concerns and attempt to negotiate a win/win solution. This offer expires 30 days after purchase. Please email me at kimmi@nutritionalsynergy.com.au to make these arrangements.

Respectful Communication

I reserve the right to delete any comments on my website or social media accounts which are rude, offensive or which I deem to be unacceptable. Let’s be nice ok?

Dispute Resolution and Jurisdiction

If you have any concerns, issues or complaints arising out of your use of this website, my products or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email me at kimmi@nutritionalsynergy.com.au and expect a response within 2 business days.

“We” below refers to everyone involved in the dispute. If the dispute cannot be resolved by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if we are not both geographically located within 100kms of each other. The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of New South Wales or similar neutral authority. We agree to share all the costs of mediation equally between us. We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

If a dispute arises, we all agree that we will not engage in any public discussion about the issues, we will behave politely towards each other, and we will avoid any conduct or communication which might reasonably be expected to unreasonably interfere with any other person’s business or personal interests.

This agreement is subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.

Coaching is provided by an independent sub-contractor. If you have any complaints, disputes, or problems with your coach please follow that up individually with your coach.

 

Website Privacy Policy

Introduction

Hi there! This website, www.kimmikatte.com is owned and operated by KIM THERESE KATTE ABN12322734902 If you have any questions or need further information, please email me (Kimmi Katte) kimmi@nutritionalsynergy.com.au

This document sets out my Privacy Policy. It describes how I collect and manage your personal information when you interact with this site. I take this responsibility very seriously. If you have any questions or concerns about how your personal information is being handled, please do not hesitate to contact me.

I comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

Personal Information

If you engage with me via this website, or choose to become my client I may ask to collect the following kinds of personal information from you, including:

  • your name and email address

  • street address

  • the country that you live in

  • mobile phone number

  • information that allows me to tailor my content to your needs when you sign up for one of my webinars, courses, or promotional events

Collection and Use

I may collect your personal information by various means including:

  • an opt-in form for my mailing list

  • when you email me

I use this information to:

  • respond to your enquiries

  • provide you with relevant news and updates about my services

I will only collect your personal information:

  • with your full awareness and consent, such as when you email me, tick a checkbox or fill in a form to provide me with information

  • if I need it to provide you with information or services that you request

  • if I am legally required to collect it

  • for necessary administrative processes if you become my client

Sensitive Information

I understand that some personal information is particularly sensitive, and that you trust me to keep this information confidential.

I will only collect sensitive information by methods that are reasonably secure, such as:

  • through my intake form in Simple Clinic when you book an appointment

  • in a Zoom consultation

  • when you send me information in an email (please note that email may not be sufficiently secure – if the information is extremely sensitive, ask me about alternative ways to share it with me.)

The reason why I collect this information is:

  • so that I can provide you with the services you have requested

  • to ensure that I am providing you with the most appropriate services

The sensitive information I ask you to provide for this purpose may include:

  • your birth date

  • your medical history (including family medical history)

  • your body symptoms

  • medical testing results

  • your wellbeing

  • information about your lifestyle and relationships

I am committed to securely storing and handling your sensitive information.

  • The information I collect about you is stored with Simple Clinic which is a practice management software system.

  • Only I can access sensitive material.

  • Some sensitive information may be stored securely online, or in the cloud through OneDrive. You can find out more about their security provisions in the section on Security below.

Sensitive information may be collected from children under the age of 18 under the following circumstances:

  • in the presence of their parents

  • with their parent or guardian’s full consent

All information collected from minors is securely stored in accordance with this privacy policy.

All archived sensitive information is securely destroyed after 7 years.

You may choose not to provide me with your sensitive information. However, if you choose not to be completely honest with me, the services you request from me may not be suitable for you.

Disclosure of Information

Reasons why I may disclose your information include:

  • to provide you with the services you have requested

  • to send you products that you have purchased

In order to do this, I may share some relevant information – on a strictly need to know basis – with:

  • My assistant

  • Coaching contractors

  • Other healthcare professionals (with your permission)

  • Australia Post or courier companies

  • Pathology companies

I will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where I have reasonable grounds to suspect that someone is engaging in unlawful activity, or misconduct of a serious nature, that relates to my functions or activities, and in response to a subpoena, discovery request or a court order.

If you have any concerns regarding the disclosure of your information in this context, please do not hesitate to get in touch with me to discuss this personally.

I will use all reasonable means to protect the confidentiality of your information while in my possession or control. I will not knowingly share any of your information with any third party other than the service providers who assist me in providing the information and/or services I am providing to you. To the extent that I do share your information with a service provider, I would only do so if that party has agreed to comply with our privacy standards or I am satisfied that the service provider has a suitably protective policy of their own. Some of my service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact me if you have any concerns about the potential disclosure of your information.

Security

I take reasonable physical, technical, and administrative safeguards to protect your personal and sensitive information from misuse, interference, loss, and unauthorised access, modification, and disclosure.

I manage risks to your information by:

  • storing files securely

  • ensuring that only I have access to sensitive information

  • releasing information to service providers or key personnel on a strictly need-to-know basis and de-identified when possible

As mentioned above, your information may also be stored with a third-party provider, where it will be managed under their security policy. The following security policies may apply during our work together:

  • Facebook ads – https://www.facebook.com/business/m/privacy-and-data

  • Google Workspace – https://workspace.google.com/intl/en_au/security/

  • Mailerlite – https://www.mailerlite.com/legal/security-statement

  • Simple Clinic – https://docs.simpleclinic.net/patient-privacy-policy/

  • Squarespace – https://www.squarespace.com/privacy

  • Zoom – https://zoom.us/docs/en-us/privacy-and-security.html

  • OneDrive – https://privacy.microsoft.com/en-ca/privacystatement

From time to time, I may combine information provided by you with information gathered from:

  • Facebook

  • LinkedIn

  • Personal contact

If you do not wish this to occur, please let me know.

Cookies and Google Analytics

Cookies are small text files that are commonly used by websites to improve a user’s experience, collect statistics or marketing information, and provide access to secure areas. My website does not use cookies.

I may use Google Analytics to collect information about your use of my website so that I can get strategic information about how my website is being used and to improve its functionality. You can find out more about the information Google collects and how it is used here: https://support.google.com/analytics/answer/6004245.

Google also provides an add-on for your browser that you can use to opt-out and prevent your data being used by Google Analytics. You can access that add-on here: https://tools.google.com/dlpage/gaoptout

Access to Information

You can contact me to access, correct or update your personal information at any time. Unless I am subject to a confidentiality obligation or some other restriction on giving access to the information which permits me to refuse you access under the Privacy Act, and I believe there is a valid reason for doing so, I will endeavour to make your information available you within 30 days.

Complaints

If a breach of this Privacy Policy occurs, or if you wish to a request a change to your personal information, you may contact me by sending an email outlining your concerns to me at kimmi@nutritionalsynergy.com.au

If you are not satisfied with my response to your complaint you may seek a review by contacting:

Notification of Change

If I decide to change my Privacy Policy, I will post a copy of the revised policy on my website.

Notification of Breach

If I have reason to suspect that a serious data breach has occurred and that this may result in harm or loss to you, I will immediately assess the situation and take appropriate remedial action. If I still believe that you are at risk, I will notify the Office of the Information Commissioner and either notify you directly, or if that is not possible, publicise a notification of the breach on this website.

Updated by K Katte March 2022