Disclaimer/Terms & Conditions - Vegan Wellness Coach

About Nicki: Vegan Wellness Coach

 

Terms and Conditions

 

 

EACH TIME YOU USE THIS WEBSITE AND EACH TIME YOU PLACE AN ORDER FOR ANY OF OUR PRODUCTS OR SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW.  PLEASE READ THE FOLLOWING CAREFULLY. BY PROCEEDING WITH YOUR USE OF THE WEBSITE AND BY ORDERING PRODUCTS AND / OR SERVICES FROM THE WEBSITE, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.

 

  1. Welcome to our Terms and Conditions.

To avoid all misunderstandings, please read these terms and conditions carefully. These terms and conditions relate to your use of this website and any orders you place via the website. You should also read our Privacy and Cookie Policy which also applies to your use of this website. By using this website or placing any order you agree to be bound by these terms and conditions.  If you don’t agree to these terms and conditions, please don’t access or use this website or place any order.

We may change, update or amend these terms and conditions from time to time. Any changes will take effect once they are posted on the website and your continued access or use of the website will imply your acceptance of the terms and conditions that apply at such time.

If you have any questions on these terms and conditions, please contact us using the contact details set out in Section 2 below.

 

  1. Information about us.

Vegan Wellness Coach is a business owned by Nushape Limited, a limited liability company registered in Scotland. Our registered office address is 46 Craighall Road Edinburgh, EH6 8FG and our company registration number is 492167.

Our email address is: info@veganwellnesscoach.com

 

  1. Information about our products

 

We offer a number of online products and personalised weight loss services. The KickStarter and Revitalize Programmes are fully downloadable product with information about beneficial lifestyle changes and plant based eating regimes including suggestions about the types of food that you can purchase from other suppliers that will facilitate you following a plant based eating lifestyle.

The Personalised Nutrition Coaching Service provides one on one advice about plant based eating regimes, nutrition and lifestyle changes that can contribute to improved levels of wellness.

From time to time we may sell other products and services on this website and we reserve the right to modify, terminate or otherwise amend any of our products and services at any time.

 

  1. The Meal Plans

WE STRONGLY RECOMMEND THAT YOU SEEK MEDICAL ADVICE BEFORE STARTING ANY WEIGHT LOSS, DIET OR NUTRITIONAL PROGRAMME.  THE INFORMATION PROVIDED BY US IS NOT MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT. WITHOUT PREJUDICE TO THE GENERALITY YOU SHOULD NOT USE THE MEAL PLANS WITHOUT FIRST OBTAINING YOUR OWN MEDICAL ADVICE IF YOU ARE UNDERWEIGHT, PREGNANT, BREASTFEEDING, UNDER 18 OR HAVE ANY MEDICAL CONDITION WHICH AFFECTS YOUR DIETARY REQUIREMENTS.

 

  1. Order process 

(a) To place an order via this website for one of our products or services, please see our relevant order page on this website.

 

(b) Our order process on this website allows you to check and amend any errors before submitting your order to us. Please take time to read and check your order at each page of the order process.

 

(c) After you place an order, this will constitute an offer (Offer) by you to form a contract and is not binding until we accept that offer. Our acceptance of your order will take place as described below.

 

(d) In relation to the downloadable programmes [such as KickStarter, Revitalise and any additional new programmes on offer] once we have reviewed your order, we will email you to confirm if your order has been accepted (Acceptance).  In relation to the Personalised Nutrition Coaching Service where you have asked us to create a tailored meal plan in consultation with you, once we have carried out your assessment we will confirm our acceptance of your order by sending you the Acceptance e-mail that confirms that the order has been accepted.

The contract between us will only be formed when we send you the Acceptance. We may cancel any order or contract without liability if there has been any price error or other error on the website.

 

  1. Prices and Payment

(a)  Prices

Prices for our products or services prices are exclusive of VAT where applicable and VAT or taxes are added at the checkout, as applicable.  Whilst every care has been taken to ensure the accuracy of the pricing information on the website, occasionally details are out of date.  We will endeavor to verify prices as part of our sales order process.  In addition to the price of any products or services purchased from us, you may have to pay a delivery charge which will be as stated when you order your other products or services.

 

(b) Taking payment

In respect of all products and services the price and applicable delivery costs will be taken from the payment method at the time of our acceptance of your order or thereafter

 

(c) Billing

We reserve the right to adjust the pricing for our plans, products, services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to our products or services will take effect no earlier than 30 days following email notice to you and will not take effect for any product or service that is currently being provided. Please note that in relation to any orders, the terms and conditions in place at the time the order was placed will continue to apply, subject to any changes in price.

 

The methods of payment that are acceptable are detailed on the website.  We reserve the right to cancel your order and/or withhold delivery of products or services if payment is not received from you prior to the delivery of the applicable products or services.

 

  1. Your rights to cancel under the UK’s Consumer Contract Regulations

(a) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), you have the right to cancel your order within a short time after the conclusion of the contract with you (e.g. by your receipt of our acceptance of your order).

 

(b) Unless the exception listed in Clause (e) below applies, you may cancel your order in writing without giving any reason within 14 days from the date of conclusion of the contract.

 

(c) You must inform us of your decision to cancel your order.  You may submit your request by completing the form  in Schedule 1 annexed below or by making any other clear statement in writing (for example by letter or email) setting out your decision to cancel.  To meet the cancellation deadline it is sufficient for you to send your communication to us by using the contact details in Section 2 above to reach us before the 14 day cancellation period has expired.

 

(d) If you cancel your order in accordance with this Section, we will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, not later than 14 days from the date on which we receive your communication in terms of Clause (c) above. We will use the same means of payment as you used for the initial transaction to process the reimbursement, unless you have expressly agreed otherwise.  In any event, you will not incur any fees for us making such reimbursement.  Where goods have been supplied to you we may withhold reimbursement until we have received back those goods or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

Note that other than online digital products, you must send back any physical goods supplied to you to the address given in Section 2 no later than 14 days from the date on which we receive your notice of cancellation.  You will have to bear the direct costs of returning these goods.

 

You may be liable if the value of the goods returned diminishes due to the handling of the goods (except where it was necessary to establish the nature, characteristics and functioning of the goods).

(e) Notwithstanding the terms of Clause (b) of this Section, the right of cancellation does not apply to:

 

  • the supply of digital content which is not supplied on a tangible medium (e.g. a CD or DVD) if you accepted when you placed your order that we could start to deliver it and that you could not cancel it once delivery had started; or
  • the supply of a service if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started without incurring a charge

 

  1. Risk and ownership

You will be responsible for any risk or damage to the products or other goods supplied to you once they have been delivered to you or delivered pursuant to the alternative delivery instructions you have provided to us.  Ownership of the products or other goods supplied by us will only pass to you upon receipt by us of full payment of all sums due in respect of the products or other goods (including delivery charges).

 

  1. Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective products we sell to you).

 

  1. Using our website

(a) You must be over 18 to use our website and purchase products, including the weight-loss meal plans, via our website.

(b) Our website and service, and any content viewed through our service, are for your personal and non-commercial use only.  We grant you a limited, non-exclusive, non-transferable, license to access the website and view the content on the website for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

(c) You agree to use our website, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms and conditions) content and information contained on or obtained from or through our website without express written permission from us.

(d) You agree not to upload, post, and email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our service, including any software viruses or any other computer code, files or programs.

(e) Our website, including all content provided on the website and provided to you, is protected by copyright, trade secret or other intellectual property laws and treaties and is owned by us.

(f)  We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback“), including responses to questionnaires or through postings to our website, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our service.  In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

(g) We may terminate or restrict your use of our website, without compensation or notice if you are, or if we reasonably believe that you are: (i) in violation of any of these terms and conditions; or (ii) engaged in illegal or improper use of the service.

 

  1. Limitations and exclusions of liability

(a) Nothing in the terms will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; or (c) limit or exclude any liability of a party in any way that is not permitted under applicable law.

(b) We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.

(c) We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business contracts, commercial opportunities or goodwill.

 

  1. Other important terms

(a) We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy & Cookie Policy.

(b) This contract is between you and us, although we can assign our rights and sub-license and subcontract our obligations.

(c)  Each section of these terms and conditions operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

(d)  If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

  1. Communications between us

(a)  When we refer to “in writing” in these terms, this will include e-mail.

(b)  If you wish to contact us in writing for any other reason, including to make a complaint, you can send this to us by e-mail at info@veganwellnesscoach.com or by pre-paid post to 46 Craighall Road Edinburgh, EH6 8FG.

(c)  For contractual purposes, you consent to receive communications from us electronically (such as by email or text) and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy and legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

 

14 Applicable Law

Except to the extent provided in the following paragraph, these conditions are governed by and construed in accordance with the laws of Scotland.  Both you and we agree to submit to the exclusive jurisdiction of the courts of Scotland to resolve any dispute or claim between us.

 

If you are a citizen of any European Union Country the governing law and forum may also be the laws and courts of your usual place of residence.

 

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 

 

 

Schedule 1

 

Cancellation Form

 

 

To:  Nushape Limited, 45 Craighall Road Edinburgh, EH6 8FG.

Email: mailto:info@veganwellnesscoach.com.

 

I/We hereby give notice that I/we wish to cancel my/our contract of sale of the following goods/ for the supply of the following service………………………………………………………………………..

 

 

Ordered on……………………………………   Received on………………………………………… __________________________________________________________

 

Name of consumer………………………………………………………………………………………          ________________________________________________________________

 

Address of consumer…………………………………………………………………………………..

 

 

Signature of consumer………………………………………………………………………………….

(Only if this form is notified on paper)

 

 

Date…………………………………………………….

 

 

 

Privacy and Cookies

 

The primary purpose of this site is to be a dynamic resource and tool to help you create your future. We want you to feel secure when visiting our site and are committed to maintaining your privacy when doing so. The following provides an overview of how we protect your privacy during your visit.

 

What information do we gather?

 

Information in this site is gathered in two ways:  indirectly (for example, through our site’s technology) or directly (for example, when you provide information on various forms in this site)

One example of information we collect indirectly is through our Internet access logs. When you access this site, your Internet address is automatically collected and is placed in our Internet access logs.

 

Cookies

 

We collect information directly from you in a number of ways, some of which we describe in this Privacy Statement. One way is through the use of cookies. Cookies are small files of information which save and retrieve information about your visit to this site – for example, how you entered it, how you navigated through it, and what information was of interest to you. The cookies we use identify you merely as a number.

If you are uncomfortable regarding cookies use, please keep in mind you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser.

 

What about personal information?

 

We collect information when you voluntarily submit it to us. Throughout our site, we may provide the opportunity to register for an event or conference or participate in an online survey etc. When we collect this type of information, we will notify you as to why we are asking for it and how it will be used.

 

It is completely up to you whether or not you want to provide it. How do we use this information? We analyse it to determine what is most effective about our site, to help us identify ways to improve it, and eventually, to determine how we can tailor this site to make it more effective.

 

We may also use data for other purposes, which we would describe to you at the point we collect the information. Will we share this with outside parties? We will not sell individual information and will share it only with our advisors.

 

There will be other times when we need to share information, but again, before you submit any information, we will notify you as to why we are asking for specific information and it is completely up to you whether or not you want to provide it.

 

What about other sensitive data?

 

We do not generally seek to collect sensitive personal data through this site. 

 

If we do seek to collect such data, we will ask you to consent to our proposed uses of the data. We may also collect some sensitive personal data incidentally. By providing us with unsolicited sensitive personal data, you consent to our using the data subject to applicable law as described in this notice.

 

The references to “sensitive personal data” are to the various categories of personal data identified by European and other data privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent.

 

These categories comprise personal identity numbers, personal data about personality and private life, racial or ethnic origin, colour, nationality, political opinions or convictions, membership of political parties or movements, religious, philosophical or other similar beliefs, trade union membership, physical or mental health or handicap, genetic code, addictions, gender, sexual life (including sexual orientation), pregnancy, property matters or penal or criminal conviction or record (including where a pardon has been granted).

 

While we take steps to maintain the security of this site, you should understand that the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended.

 

We are interested in maintaining your privacy and creating a valuable resource for you to use. If you have any questions now or during your visit, please contact us.