Terms Of Business

Food For Fitness Terms & Conditions

Food for Fitness Terms of Business for the sale of recipes and nutrition & fitness plans in the UK

Introduction

A. These are the Terms of Business (the Terms) between Food For Fitness Limited (“us” “we” or “our) and you (“you” or the “consumer”). These Terms govern our sales of fitness and nutrition plans “The High Protein 30 Day Fat Loss Challenge”, “Menopause Weight Loss Mastery” and recipe books “The High Protein Handbooks” (Products) through our website, foodforfitness.co.uk (the Site). These Terms are subject to change by us without prior written notice at any time, at our sole discretion.

B. These Terms should be read in conjunction with our website terms of use and our privacy policy, both of which can be found on our website.

C. These Terms, in conjunction with our website terms of use and our privacy policy constitute a legal agreement between us and you. Please read them carefully.

D. Please note that we do not provide medical advice. When using our Products you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Before taking part in any form of exercise, change of diet or consumption of a nutritional supplement you should always consult your doctor.

E. The Products are not appropriate for you if you have any of the conditions or illnesses listed in Clause 3.2 below, or if you are under 18 years of age. By purchasing any of the Products through our Site, you confirm and warrant that you are over the age of 18 years old.

1. Information about how to contact us

1.1 Who we are

We are Food For Fitness Limited, a company incorporated and registered in Scotland with company number SC447144 whose registered office is at the address below.

1.2 How to contact us

You can contact us in writing via email to [email protected] or by post at 5 Carden Place, Aberdeen, AB10 1UT

1.3 How we may contact you

If we have to contact you we will do so by the email address you provided to us in your order.

1.4 ‘Writing’ includes emails

When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.

2. How you may use material we provide

2.1 Your purchase of one of our Products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that Product for the purpose of your own personal fitness and nutrition (the Purpose). You agree that under no circumstances shall you use, or permit to be used, any Product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our Products, whether modified or not, to any third party. You agree not to use any of our Products in a way which might be detrimental to us or damage our reputation.

2.2 The Products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

3. Our contract with you

3.1 When you tick the box confirming that you accept these Terms of Business and then make your payment, you are making an offer to purchase a Product. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.

3.2 We may refuse to sell a Product for medical reasons. Our policy is that we will not provide advice if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Products are not appropriate for pregnant women, children under 18 or adults over 65 years of age. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness/nutrition program should consult with an appropriate healthcare professional before beginning. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Products. Our Products may not be suitable to your particular circumstances and they are not a substitute for obtaining specific advice from a qualified health care professional.

3.3 By purchasing any of the Products, you confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise or make changes to your diet.

3.4 Our Products are primarily aimed at customers in the UK and as such our measurements are provided in metric format.

4. Providing the Product

4.1 Upon receiving full payment from you for the purchased Products, we will endeavour to send you the digital Product within 30 minutes. Delivery of the Product will be made to your email address provided during the checkout process.

4.2 If our supply of your Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay. However, if the delay is likely to be substantial, we will contact you to discuss your options.

4.3 Subject to Clause 4.4 below, in accordance with the Consumer Rights Act 2015, you have a cooling-off period of 14 days from when you receive your Product(s) (the Cooling Off Period) to cancel your purchase and receive a full refund.

4.4 If you access or download the Products within the 14 day Cooling Off Period, you agree to waive your cancellation rights under the Consumer Rights Act 2015 and are precluded from receiving a refund on this basis.

5. Indemnity and Warranty

5.1 We make every effort to ensure that our Products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

6. Liability

6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective Products under the Consumer Protection Act 1987.

6.2 Subject to 6.1, our maximum liability for any reason and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our site.

7. Your rights to end the contract

7.1 You have the right to end the contract in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.

7.2 If you think there is something wrong with your Product, you must contact us as soon as practicably possible. We will try our best to repair or replace the faulty Product (where appropriate).

7.3 You may terminate the contract and receive a full or partial refund in the following circumstances:

7.3.1 If the fault can’t be fixed or replaced, or if it hasn’t been fixed or replaced within a reasonable time and without significant inconvenience; and if we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons and you have placed an order but not yet received the Product(s).

7.4 If you are ill or injured and cannot follow the Product, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP.

8. We can end our contract with you

8.1 We can stop providing any of the Product(s), at any time, without cause and at our sole discretion. Where we exercise our rights under this clause, we will refund any sums you’ve paid in advance for Products which won’t be provided.

8.2 We can also end our contract with you, at our sole discretion and claim any compensation due to us if:

(a) you don’t make any payment to us when it’s due and you still don’t make payment within [14] days of our reminding you that payment is due; or

(b) you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Product.

9. How to end the contract with us

9.1 Tell us you want to end the contract

If you are entitled to end the contract with us in accordance with clause 7 and wish to do so, please let us know by doing one of the following:

(a) Email. Email customer services as set out above.

(b) Online. Contact us via the website.

(c) By post. Write to us at the registered address provided, including details of what you bought, when you ordered or received it and your name, address and email.

9.2 How we will refund you

Where applicable, we will refund you the price you paid for the Product, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 When your refund will be made

We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.

10. If there is a problem with the Product

10.1 How to tell us about problems

If you have any questions or complaints about the Products, please contact us by writing to us [email protected]

10.2 Summary of your legal rights

We are under a legal duty to supply Products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Product. Nothing in these Terms of Business will affect your legal rights.

Summary of your key legal rights:

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says digital content, such as the Product, must be as described, fit for purpose and of satisfactory quality:

(a) if your digital content is faulty, you are entitled to a repair or a replacement

(b) if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

(c) if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation

11. Price and payment

11.1 Payment

11.1.1 Payment must be made in advance of receiving the Product(s).

11.1.2 We take all reasonable care to ensure that the price of the Product advised to you is correct. However, if we discover an error in the price of the Product you order, we will refund you any over-payment.

11.2 What to do if you think an invoice is wrong

11.2.1 If you think an invoice is wrong please contact us promptly to let us know.

11.2.2 We are not liable for any charges that your bank may add to transactions.

11.2.3 You will be charged at the exchange rate available on the day of the transaction.

12. Our responsibility for loss or damage

12.1 We do not provide medical advice. When using our Products, you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.

12.2 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.3 Before relying on any nutritional information in our Products, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

12.4 Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.

13. Testimonials

Please be aware that any testimonials on our websites or Products may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

14. How we may use your information

14.1 We respect your privacy and are committed to protecting it. We will process all personal information collected from you in connection with your purchase of the Products in accordance with our Privacy Policy found here.

15. Facebook group

15.1 Menopause Weight Loss Mastery includes 12 weeks of access to a private Facebook group, which is hosted on and delivered through the Facebook social media platform. In addition to Our Terms, your use of this part of our Product will also be subject to Facebook’s Terms of Service and policies, including Facebook’s Privacy Policy. Joining our Facebook group is optional. If you do not wish to do so, you can still use other elements of Menopause Weight Loss Mastery. After the program has finished, the Facebook group will close.

15.2 Advice given in the Facebook group (or by any other means) is general in nature. Only general advice is permitted to be discussed in the Facebook group. No user (including us) may provide, or purport to provide, personal medical advice to any other individual within the group. We cannot guarantee the advice of others on the group.

15.3 All users are expected to use the Facebook group in a way that is consistent with the values of tolerance and mutual respect. We reserve the right to monitor and revoke the access of any user that we determine, in our sole discretion, posts or otherwise communicates with other users in a way that:

(a) Promotes hate or intolerance towards an individual or class of people;

(b) Promotes violence;

(c) Promotes hateful or negative content; or

(d) Promotes any other negative or antisocial behaviour.

16. Other important terms

16.1 We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms of Business to another organisation.

16.2 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force

We may transfer our rights and obligations under these Terms of Business to another organisation.

16.5 Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings

These Terms of Business are governed by Scots law and you can bring legal proceedings in respect of the Products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the Scottish courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.

16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

last updated 29th April 2022

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