Terms of Use 

Terms of use

 

Welcome to healthnutritionist.co.uk. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of use of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms of use, please do not use our website.

 

These terms of use were last updated on 27th July 2021. 

Your agreement to comply with these terms of use is indicated by your use of Our Site. If you do not agree to these terms of use, you must stop using Our Site immediately.

The following document[s] also apply to your use of Our Site:

  • Our Privacy Policy, available here. This is also referred to below in Part 15

  • Our Cookie Policy, available here. This is also referred to below in Part 15.

  • Our Disclosure Policy, available here.

 

 

1.     Definitions and Interpretation

1.1  In these terms of use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and “We/Us/Our” means Health Nutritionist.

 

2.     Information About Us

2.1  The term ‘Health Nutritionist’ or ‘us’ or ‘we’ refers to the owner of the website which is owned and operated by "Nutricium limited"; with a registered office of Kemp House, 152-160 City Road, London, England, EC1V 2NX. Our company registration number is 11420246, registered in England and Wales. The term ‘you’ refers to the user or viewer of our website.

2.2 We provide nutrition advice at our clinics and online between the hours of 7am-9pm Monday to Sunday. This service consists of a pre-screening to obtain information to refer you to an appropriate health professional. When determining the appropriate health professional our decision is based solely on the information you provide to us. We are under no obligation to obtain further information and/or continue to monitor any changes in such information after we have made our referral.

2.3 Our health professionals are all regulated by one or more of the following bodies:

  • Association for Nutrition

  • British Dietetic Association

 

3.     How to Contact Us

To contact Us, please email us at charlotte@healthnutritionist.co.uk

 

4.     Access to Our Site

4.1  Access to Our Site is free of charge.

4.2  It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3  Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

4.4 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

4.5 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

5.     Changes to Our Site

We may alter and update Our Site (or any part of it) at any time. 

 

6.     Changes to these terms of use

6.1  We may alter these terms of use at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these terms of use. Consequently, any changes made to these terms of use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.

6.2  If any part of the current version of these terms of use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

 

7.     How You May Use Our Site and Content

7.1  All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

7.2  You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

7.3  You may print one copy and download extracts of any page(s) from Our Site for personal use only.

7.4  You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

7.5  Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

7.6  You may not use any Content (saved or downloaded) from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

7.7 You will supply full and accurate information to us and any clinician that we refer you to; and

  • You will notify us promptly in the event you need to cancel or reschedule any appointments that you have made or we have made on your behalf.

 

 

9.     Links to Our Site

9.1  You may link to any page on Our Site

9.2  Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

9.3  You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

9.4  Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.

9.5  You must not frame or embed Our Site on another website without Our express written permission.

9.6  You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

 

10.  Links to Other Sites

10.1   Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

10.2   The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

 

11.  Disclaimers

11.1   Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to changing your diet.

11.2   We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

11.3   If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

 

12.  Our Liability

12.1   Health Nutritionist’s health professionals are self-employed and regulated by their individual regulatory bodies. When commencing a working relationship with our health professionals whether through an online video consultation (e.g. zoom, or Halaxy) or face to face, the contract is within you and your health professional, Health Nutritionist accepts no liability for the information you are given. Health Nutritionist books your professionals on your behalf and provides a 100% satisfaction guarantee on the first consultation, this is provided on a goodwill basis.

12.2   Health Nutritionist provides access to health professionals, online education tools and the ability to purchase health tests provided by a third party. Health Nutritionist will not accept liability for any loss or damage resulting from any of these services. Any complaint against the health professional should be directed to the health professional first, and then if necessary, escalated to that health professionals regulatory body.

12.3 To the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

12.3   If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

12.4 We may provide interactive services through healthnutritionist.co.uk which may include online consultations (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used.

12.5 If users, in particular children, are at risk when they use our interactive services we will decide in each case what type of moderation to use in light of these risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site beyond the minimum levels set out by our regulators, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

12.6 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not without its limitations. Minors who are using any interactive service should be made aware of the potential risks to them


 

13.  Viruses, Malware, and Security

13.1   We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

13.2   You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

13.3   You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

13.4   You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

13.5   You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

13.6   By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

14.  Acceptable Usage of Our Site

14.1   You may only use Our Site in a lawful manner:

a)     You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;

b)     You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and

c)     You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

14.2   If you fail to comply with the provisions of this Part 14, you will be in breach of these terms of use. We may take one or more of the following actions in response:

a)     Suspend or terminate your right to use Our Site;

b)     Issue you with a written warning;

c)     Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

d)     Take further legal action against you, as appropriate;

e)     Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

f)        Any other actions which We deem reasonably appropriate (and lawful).

14.3   We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

 

15.  How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy,  and Our Cookie Policy.

16.  Communications from Us

16.1   If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these terms of use.

16.2   We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 7 working days for your request to take effect and you may continue to receive emails during that time.

16.3   For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

17.  Cancellation of appointments

17.1 ​To ensure we can provide the best consultation service to all our clients, we operate on a 48 hour cancellation policy. To cancel or re-schedule a nutrition consultation please contact us; we will always use our discretion and try as best as possible to accommodate your requirements. 

17.2 By undergoing a consultation with us you are agreeing to the terms and conditions of the cancellation policy. If you need to cancel with less than 48 hours of notice then we reserve the right to charge the full fee. You shall pay all amounts due without exception as required by law​​

 

18.  Cancellation of Nutrition talks & webinars 

18.1 Due to the time and effort spent up-front in planning and delivering nutrition talks and webinars we don’t offer a cancellation / refund. However we understand there may be circumstances whereby we need to re-schedule the talk and webinar, we will use our discretion and work with you to try and best fit this in at a later date to suit.  If you think your talk or webinar may be affected please contact us. By hiring us to conduct a talk or webinar you are agreeing to the terms and conditions of the cancellation policy.

 

19.  Health Nutritionist Subscription Terms & Conditions

19.1 ​Through becoming a subscribing member of our website and paying for the subscription whether on an annual or monthly basis you are agreeing to these terms and conditions.

19.2 You must keep to these terms and conditions, which may change from time to time. If you do not agree to keep to these terms and conditions, you should stop using our website and our services immediately

19.3 You are subscribing to join the online community which you agree to in line with these terms and conditions.

19.4 Once the subscription is accepted, and the contract between you and us will come into force, on the date we send you written notice that we have accepted your order.

19.5 The contract is the entire agreement between you and us. You must not rely on any statement, promise, assurance, guarantee or implied term (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) which is not set out in the contract as it will not be binding on us.

19.5 Any illustrations, descriptions or advertising issued by us, and any descriptions or illustrations contained in our publicity material or on our site, are provided only to give guidance on our services. They do not form part of the contract or give us any legal obligation.

19.6 These terms and conditions apply over any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or otherwise.

19.6 The services we provide to you will, in all significant or relevant ways, be in line with, or equivalent to, the description or specification of the services either provided in writing by us or set out on the join our community page and the contract you receive.

19.8 We can make any changes to our services if this is necessary to keep to any relevant law or safety requirement, or if the change does not significantly affect the nature or quality of our services. We will give you notice of any change we make.

19.9 When we have received your profile information (your name and contact details, details of your training, qualifications, experience, your areas of Nutrition and your fees) and any proof we need (for example, proof of your membership with a professional body, qualifications and insurance cover), we can refuse your request to be listed in the directory if:

  • we cannot verify any of the subscriber information; or

  • it does not meet our registration standards.

 

19.10 Your obligations

  1. You must be the author of your profile listing in the directory or have all the permissions you need to quote and use any information, graphics or photographs you have not written, created or taken. We have no liability if any listing displays incorrect information.

 

  1. The terms of your order and your subscriber information must at all times be complete, accurate, truthful and up to date.

  2. You must tell us, as soon as possible, about any complaints made about your professional services, as this may affect your eligibility to be a member of our directory.

  3. You must tell us, as soon as possible, about any matter which has affected or could affect your professional reputation (for example, professional sanctions, allegations, investigations and so on), as this may affect your eligibility to be a member of our directory.

  4. You must co-operate with us in all matters relating to our services.

  5. You must allow us and our employees, agents, consultants and subcontractors to contact you at all reasonable times and keep the contact details we have for you up to date.

  6. You must give us any information and materials we may reasonably need in order to provide our services, and make sure that the information is accurate.

  7. You must always have all the licences and permissions you need in order for us to provide our services.

  8. You must maintain any services or products we need to provide our services to you, such as email accounts, phone line and so on.

  9. You must protect any sensitive information and materials associated with your listing in the directory, including (but not limited to) your username, password, log-in details, documents, policies, notices and correspondence, and make sure that these are not given to any unauthorised third parties.

  10. Your listing in the directory must only specify issues, treatments or approaches you are qualified to offer or deal with.

  11. Your listing in the community must not:

    1. use obscene or vulgar language or contain content that is intended to promote or incite violence;

    2. contain content that is unlawful or otherwise offensive or upsetting (including information that may break any rule, regulation or law specific to your business or industry);

    3. contain any content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

    4. break, limit or undermine the intellectual property rights (see clause 7) of any third party; or

    5. contain viruses or any other software or instructions that may damage or disrupt other software, hardware or communications network.

  12. Your listing in the directory must be honest and fair, not make any claims that cannot be proved, not make dishonest or unreasonable comparisons with other businesses, be placed in the appropriate category and not impersonate other people or businesses.

  13. If we cannot meet, or are delayed in meeting, any of our obligations under these terms and conditions as a result of anything you have or have not done, or your failure to meet an obligation, the following will apply.

    1. We can suspend our services until you have put the matter right (if it can be put right), and not have to meet any of our obligations which have been prevented or delayed by something you have or haven’t done.

    2. In the event that any of the provisions of clause 5 are not followed, or any other conditions are broken, we may remove your listing and suspend or end our services. In this case, you will not be entitled to any refund. We can also make any alterations to listings if we consider it necessary to remove any material which might lead to legal action. In this case we will tell you about any alterations we have made. If we want to make changes to your listing for a reason other than the possibility of legal action, we will ask you for permission to make the change.

    3. We will not be liable for any costs, damages or losses you suffer as a direct or indirect result of us failing to meet, or a delay in us meeting, any of our obligations as set out in this clause 5, or as a result of any mistakes in your listing.

    4. If we ask in writing, you must reimburse any costs or losses we suffer as a direct or indirect result of something you did or failed to do.

19.11 Fees and payment. You must pay the subscription fees shown on our site. The annual fee is non-refundable and the monthly subscription is a 12 month contract and commitment.We will take the first payment on the day that we accept your order and start providing our services. We will automatically continue to take the fee until the contract ends
 

20.   Law and Jurisdiction 

20.1   These terms of use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2   If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.

20.3   If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these terms of use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4   If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these terms of use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.