These terms of use (the “Agreement”) constitutes a contract between You and Us. You agree to all the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, You cannot proceed with our Services. You should read the terms carefully and ensure that You understand the effect before proceeding to use Our Services. We reserve the right to change these terms at any time without notice. Please check this page of the Website periodically.
1. Definition of Terms
“You or Your” means the person using our Services pursuant to these Terms and Conditions
“Business” means Nutritional Health Solutions
“We,” “Us,” and “Our” shall mean the Business and its subsidiaries and affiliates
“Terms and Conditions” means these terms and conditions, as amended from time to time.
“Privacy Policy” means the policy displayed on Our Website which explains how We collect and store Your personal data (Data Protection Policy)
“Service” means services offered by the Business
“Tuition” means Tuition as described in the Service
“Tutor” means the person who provides Tuition for the Service
“Website” means www.nutritionalhealthsolutions.co.uk
2. General
a. These Terms and Conditions contain the entire agreement between us and supersede any prior agreement between us relating to their subject matter.
b. These Terms and Conditions will apply from the date hereof and will continue to apply in relation to any additional Services We agree to supply to You.
c. No amendment to these Terms and Conditions will be effective unless evidenced in writing and signed by both of us.
3. Rights/Obligations of the Business
The Business:
a. will provide a Tutor who is qualified and capable of providing the Service;
b. will deliver the Services with reasonable skill and care;
c. will make alternative arrangements with You if for any reason the Tutor is not available and the non-availability of a Tutor will not entitle You to take any action for breach of the agreement between us;
d. does not warrant that it will deal with or complete any Service within a specific period of time and that time is not of the essence in the delivery of the Service. However, those Services are not covered by this clause which has a specific time limitation.
e. has the right, at its sole and absolute discretion, to change the content of any of the Services, the dates upon which each part of the Service is to be provided; and
f. reserves the right to refuse access to any Service if, in its absolute discretion, it is considered that health of the client may not be helped by the Service.
4. Your Obligations
You acknowledge and agree:
a. that the Service is non-transferable and is only for use only by You
b. to faithfully execute the tasks given by the Tutor and if We require any input from You whilst delivering the Service You will provide the same in a reasonable and timely manner;
c. to attend and participate in all parts of the Service programme, no matter how it is provided, and will complete all assignments/tasks that are required to be completed as part of the Service programme;
d. that any delay in the provision of the Services resulting from Your failure or delay in complying with any of the provisions of this Clause 4 will not be the responsibility or fault of the Business;
e. that You may not use these Services if You have or have had an eating disorder. If You fail to let Us know about any eating disorder, past or present, You shall be solely responsible for the outcome;
f. that You may not use the Services if You are under 18 years of age;
g. if You are vegan this Service isn’t currently appropriate for You;
h. not to use/publish abusive comments (including defamatory or derogatory comments) in regard to the Tutor or the Services on the Website or other platforms (including social media and at meetings or on calls);
i. to acknowledge and understand that the results of the Service will depend on Your ability to take action and to follow the programme to the best of Your ability and You must take responsibility for the results achieved;
j. to acknowledge that You shall not compare the tuition session given by the Tutor with the tuition session which You receive or received from a different organization or person;
k. that You will disclose if You have received any medication/treatment/therapy from any Medical Doctor, Psychologist or Psychiatrist and will not hold the Tutor liable for the effects/consequences of receiving such treatment. Furthermore, the Tutor will not be liable if You do not fully disclose the nature or kind of the treatment received.
5. Processes
You agree that if You decide to engage the Services of the Business, You will complete the health questionnaires provided by the Business and return them by email prior to using the Services.
You confirm that the email address You supply to Us will remain valid for communications during the currency of the agreement between us and agree to furnish Us with an alternative address if that email address becomes invalid.
Calls may be recorded for education and training purposes.
6. No Professional or Medical Advice; No Doctor-Patient Relationship
a. THE TUTOR IS NOT A HEALTHCARE PROFESSIONAL. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). The Business provides the Services for informational purposes only. Information that You request and/or the Business provides You: (i) access to general health education and information; (ii) specific nutritional, lifestyle and wellness advice; and (iii) references to other resources. While We believe that the information provided through Our Services and the Website is current and reliable, We cannot and do not make any such guarantee or warranty.
b. YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that make the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
c. Furthermore, We shall have no obligation or responsibility to monitor Your health status or health condition or to contact or alert any medical or emergency professional. We shall not be liable to You for the reliance on any information obtained through the use of the Services or this Website, and We disclaim all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Tutor’s gross negligence or wilful misconduct. As an abundant causation, it is stated clearly and precisely that;
i. If You think You may have a medical condition You should seek medical advice immediately;
ii. You must not discontinue any medication without consulting Your Medical Doctor; and
iii. If You have questions about a medical condition or treatment You must consult Your Medical Doctor or healthcare professional.
7. Liability
a. If You have a complaint against the Tutor or against the Business You must inform Us of that complaint in writing within 24 hours of the occurrence that gave rise to it.
b. The Business is not liable for Your behaviour, whether through the Website or outside of it;
c. The Business and the Tutor are not responsible for direct, indirect, consequential or any other form of loss or damage that might be experienced by You;
d. You agree and accept to indemnify the Business and the Tutor against all liabilities, claims and expenses that could arise from the breach of these Terms and Conditions or through use of the Service or the Website in any way connected with the failure of the Service to meet Your requirements or expectations and any act or omission of a Tutor, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise.
PROVIDED THAT nothing in this clause 7 will exclude or restrict the liability of the Business or the Tutor to You or any other person for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.
8. Fees and Payment
a. The fees will be the fee advised to You before We accept You on a programme and that fee shall be deemed final
b. Once paid none of the fee or any part of it is refundable
c. You are responsible for full payment of the fees for the duration of the Service, regardless of whether You actually attended or complete the Service programme; and regardless of whether You have selected a lump sum or payment plan. Failure to make the agreed payments will result in default of the Agreement and Your Agreement may be forwarded to a third party to recoup the full amount due for the remainder of payment plus any costs incurred. If payments are not made on a timely basis We reserve the right to suspend the Services.
d. We may charge interest on any sum not paid within 5 working days of its due date at a rate 4% above the Bank Of England base rate from the date of the invoice until the actual date of payment.
e. You have the legal right to cancel Your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). Should You wish to do this You should send Your request to the support email address provided. Your right to cancel continues until either the end of the Cancellation Period, or the completion of the Services, whichever is the earlier. If You cancel during the Cancellation Period we may charge you for any Services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. There will be a 3% cancellation charge to cover finance fees. Your right to cancel the Services will no longer apply once the Services have been fully performed.
9. Intellectual Property
a. All copyrights, trademarks, Intellectual Property (such as the material published by individual Clients) is the property of the Business. It is prohibited to distribute, or create any derivative work, from any of the material that is shared with You via the Website or through any other methods including email;
b. By breaching any of the provisions stated above, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and may disclose Your identity to them. In the event of such a breach, Your right to use our Website will cease immediately.
10. Disclaimer
The Business does not and cannot guarantee that You will achieve any specific result as a consequence of receiving the Service nor can it guarantee that the Service will satisfy Your expectations. You accept that any results You achieve are dependent upon Your having completed the programme successfully and correctly applying the techniques and advice it provides in a way which is suitable for Your health and lifestyle and that the Business has no control of Your use of the advice it offers.
The Business has made every effort to accurately represent the Services and their potential. It is designed to provide the tools to make long lasting dietary and lifestyle changes that may result in healthy weight loss and improved health and wellbeing. The testimonials and examples You may read are not intended to represent that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her health, dedication, desire and motivation and, because of this, might not result in health benefits at all.
11. Miscellaneous provisions
a. The Business reserves the authority to withdraw or modify aspects of the Service or the Website, or even the whole of it and reserves the right to change the method or mode of Business or model of doing Business without any prior notice to You;
b. We reserve the legal right to suspend or terminate Your ease of access to Our Website, or parts of it;
c. If We fail to enforce any of this Agreement, it will not be considered a waiver;
d. This Agreement does not confer any third party beneficiary rights;
e. Each party is an independent entity and not a partner or agent of the other;
f. Anybody whose access continues to be frozen or ended should not re-subscribe to, or re-access Our Website without prior consent from US; and
g. These Terms and Conditions include Our Website’s Online Data Protection, Cookie and copyright notice. Non-Clients/Users do not have the right underneath the Contracts (Privileges of Organizations) Act 1999 to depend upon or enforce any term of these Terms and Conditions.
12. Entire Agreement/ Severability
These Terms and Conditions incorporate Our Privacy Policy which together constitutes the entire agreement between You and Us, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting the terms, the remaining terms shall remain valid and in force.
13. No Waiver
Failure by either the Business or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
14. Feedback
You agree that comments, suggestions, ideas, questions, or other information provided by You are not confidential and You hereby grant Us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in Our sole discretion.
15. Third Party Rights
Except as provided above, these Terms and Conditions do not create any right enforceable under Rights of Third Parties Act 1999, by any person who is not a party to it. But it does not affect any right or remedy that a third party has which exists or is available apart from this Act.
16. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Tutor or the Business, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
17. Applicable Law, Jurisdiction, And Venue
These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of England and Wales. You and We consent to the exclusive jurisdiction and venue of the competent courts located in London, for all disputes arising out of or relating to these Terms of Use.
The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Arbitration Act 1996.
