Terms Of Sale

Terms of Sale of online nutrition and dietetic services. Last Updated: 15th July 2025. 

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Background:

• These Terms of Sale together with the attachment at the end and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which we provide Nutrition and/or Dietetic Services to Consumers and Businesses through this website: https://www.biomedicnutritionist.co.uk

• Terms and information that are specific to accessing Nutrition and/or Dietetic Services from or via Our website using a cloud-based web conferencing platform are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale.

• Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before making a purchase or booking any Sessions.If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss the same.

• All of the information that We give to You will be part of the terms of Our Contract with You whether it is information that We:

• are required by law to give to You before You make a purchase; or

• voluntarily give to You and You rely on it when deciding to purchase Our Services.

 

We give You some of that information before You make a purchase and some of it is set out in these Terms of Sale and the attachment below.

• These Terms of Sale, as well as any and all Contracts, are in the English language only.

• These Terms of Sale apply to the sale of Nutrition and/or Dietetic Services and Digital Content from Our website where You are a Consumer or a Business.

 

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Background Items” - means background and other information about topics relevant to diet, health, fitness, wellness, and/or nutrition programmes that We provide to You, downloadable or viewable as text/graphics;

“Consumer” - means an individual customer who is to receive or use Our services comprising Digital Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft, or profession;

“Contract” - means a contract for the purchase of Our Services, as explained in Clause 9;

“Digital Content” - means any content (including text, graphics, images, audio, and video) comprising any session, or any Background Items or other materials or information which We offer. The sessions and Background Items and other information or materials are sold by Us through Our website and made available by Us by means of:

• two way synchronous livestream audio and/or video technology; asynchronous live stream video and/or audio; and/or

• downloadable or other viewable text, graphics or other video, audio or other items or information, including Background Items.

“Discovery Call” - means a free discovery call that takes place remotely either by a video conference call, telephone call or any other agreed communication method, to discuss your requirements and which shall be approximately 15-20 minutes in length;

“Email Support” - means support provided by Us via email as part of the Services You have purchased. If Email Support is included, this will be stated in the description on Our website or confirmed in Your Purchase Confirmation. Email Support covers straightforward queries only and will be responded to by Us within 48 hours;

“Group Program” - means any online group teaching provided by Us to You;

“1:1 Appointment” - means any Services booked on a one-to-one basis, which would be individual appointments or as part of a package You have booked and generally is as follows:

 

Initial Appointment between 60-90 minutes;

Phone calls between 20-30 minutes;

Follow-ups between 45-60 minutes;

Ad-hoc either 15 minutes or 30 minutes slots can be purchased and booked;

Or as agreed otherwise in writing.

 

For up to date information please refer to Our website here: https://www.biomedicnutritionist.co.uk/ ;

“Package” - means a package of Services that may include, but is not limited to, appointments, phone calls, and support for the duration and frequency specified in the description on Our website here: [insert link to the packages on your website];

“Purchase Confirmation” - means Our acceptance and confirmation of Your purchase from Us;

“Services” - means any work that we perform either as part of a package, Group Program or 1:1 Appointment such as, but not limited to, online consultations, online group teaching, phone calls, email support or appointments, in accordance with these Terms of Sale;

“You/Your” - means the consumer or business purchasing anything from our website; and

“We/Us/Our” - means Health Nutrition and Dietetics Limited a company registered in England under company number: 16226978 of 86 Douglas Drive, Moreton, Wirral, Merseyside CH46 6BX.

 

2. Information About Us

2.1 Our website, https://www.biomedicnutritionist.co.uk is owned and operated by Us.

2.2 We are regulated by The Health & Care Professional’s Council (“HCPC”) as a registered dietitian.

2.3  We have voluntarily chosen to be regulated by the Complementary & Natural Healthcare Council (“CNHC”) as a registered nutritional therapist.

2.4 Depending on the Services You receive, We may provide advice and guidance under one or both of the professional roles described in 2.2 and 2.3 above. You will be informed of the nature and scope of the Services being provided, and are welcome to ask for clarification at any time if You are unsure whether advice is being given in a dietetic or nutritional therapy capacity.

 

3.  Contacting Us

3.1 If You wish to contact Us with general questions, You may contact Us by telephone at 07586 96 00 99 or by email at hello@biomedicnutritionist.co.uk.

3.2 To make a complaint, please see Clause 15.

 

4. Consumer and Business Customers

These Terms of Sale apply to any Consumer or Business purchasing from Our website.

 

5.  Clauses that do not apply to Businesses

If you are purchasing anything from Us as a Consumer you are entitled to certain rights by law. Please note that if You are purchasing any Services in the course of Your business or profession You shall not be entitled to any consumer rights and clauses: 12.1, 13.2, 14.1 to 14.5, 18.3 and 18.4 DO NOT apply to any business purchasing anything from Our website.

 

6.  Our Services

6.1  You will be directed to make a payment via Our website prior to any Services being undertaken or any Digital Content being made available to You. You will also be required, where applicable, to complete and return the following information prior to any Services taking place:

6.1.1  Health Questionnaire;

6.1.2 Food Diary; and

6.1.3 Completed and signed Consent Form.

6.2 Please note that whilst You will be able to schedule an Initial Call, We will not perform any Services until the information in clauses 6.1.1 to 6.1.3 are received at least 48 hours before any agreed date for the Services to start along with details of any special physical, medical, mental health, psychological, emotional, or other requirement, problem or condition of which You are aware which might be relevant prior to receiving Our Services. We reserve the right to refuse to provide Our Services to You if there is a determinable risk, whether significant or not.

6.3 Please note that We are only able to give You advice and guidance where, if requested, You have provided full and accurate information about yourself. In the event that You have failed to disclose relevant information such as medical and/or fitness related information, We will not be liable for the outcome of Our Services.

6.4 If at any point, either before, during or after any of Our Services You feel unwell You must present yourself to a suitably qualified professional namely a GP, doctor or paramedic.

6.5 The Services provided are not a substitute for medical advice, diagnosis, or treatment from a qualified medical professional. While We are registered and qualified to provide diet and nutritional guidance, You must consult Your GP or other healthcare provider before making any changes to Your diet, medication, or lifestyle that may affect Your health. We do not diagnose medical conditions or prescribe medication.

6.6 It is Your responsibility to make any and all arrangements necessary in order to access or attend any appointments. By making a purchase from Our website You are agreeing to attend any appointments at the date and time selected by You.

6.7 The Services you book will be in accordance with the description on Our website or in any communication received from Us before you make a purchase. Any additional Services we agree to provide will be charged at the hourly rate or Package fee in effect at that time. These additional costs will be agreed in advance and will be provided in accordance with these Terms of Sale.

6.8 We endeavour to provide relevant and up to date advice and guidance. However, where we provide documentation and/or pdfs We make no guarantee as to their continuing relevance. This is due to future changes in regulations and legislation over which We have no control.

6.9 If You require an appointment that falls outside of Your agreed Package or 1:1 Appointment schedule, You may book a one-off consultation with Us. These can be booked via Our website in the time increments specified there. Such consultations are suitable for more in-depth queries that go beyond the scope of the simple questions covered by any Email Support.

6.10   As part of the Services, You may be given tasks, exercises or ‘homework’ to complete between sessions. It is Your responsibility to carry out this work as it is designed to support Your progress and help You gain the most value from the Services. We are not responsible for any lack of results. It is solely Your responsibility to implement any actions, advice or guidance provided by Us.

6.11   The success of any dietary or lifestyle changes relies on Your commitment to follow the agreed plan and recommendations. We cannot guarantee results, as outcomes will vary depending on individual circumstances.

6.12   Our Services are intended for adults and children with appropriate parental or guardian consent. Services are not suitable for those with unmanaged medical conditions without prior written confirmation from a healthcare professional.

6.13   Email Support shall only form part of a Package or if We have informed you it is included in any of Our Services. It is not intended to replace a formal consultation. Complex or personalised advice may require a booked session or referral to another professional.

6.14   Where Services are provided to a child (any person under the age of 18) the following shall apply:

6.14.1  written consent must be provided by a parent or legal guardian before any consultation or Services can take place with such parent or legal guardian accompanying the child during consultations unless We have received express written permission for the child to attend alone;

6.14.2  the parent or guardian is responsible for ensuring that dietary and lifestyle recommendations are followed. We accept no liability where recommendations are not implemented or where the child does not have adequate support to do so;

6.14.3  We reserve the right to assess whether a child has sufficient maturity to engage with the consultation process and to provide meaningful input. We may decline to proceed without an appropriate adult present if this is considered to be in the best interests of the child or required for safeguarding purposes; and

6.14.4  children may only participate in remote or video consultations with the prior written agreement of their parent or guardian. No consultations may be recorded by either party without the written consent of Us and the parent/guardian.

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7. Cancelling and Rescheduling

Cancellation

7.1 Subject to the Consumer “cooling off” period explained in sub-Clause 12.1. Where any Services are cancelled by You the following shall apply:

7.1.1 for all 1:1 Appointments and Package Services with less than 48 hours’ notice no refund will be provided. If you provide more than 48 hours’ notice You will be charged on a time spent basis. Such time will be calculated considering any preparation, research and administration performed with the balance of the fee being returned to You; and

7.1.2 for any Group Program Services You may cancel Your participation but no refund will be provided.

Rescheduling

7.2 You may reschedule any 1:1 Appointment (including those in any Package) time twice provided You give a minimum of 48 hours’ notice. In such circumstances the payment will carried over. Such rescheduled date must take place within 60 days of the original booking date and time. Any requests, outside of the “cooling off” period to reschedule with less than 48 hours’ notice or subsequent rescheduling requests will result in Your payment being forfeited. You shall not be entitled to reschedule any Group Program.

Recording

7.3 You are not permitted, without Our written consent, to either voice or video record any Services. Where a recording is required, You must request the same prior to the commencement of the Services. Consent to recordings will be at Our discretion and will incur a further fee.

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8. Pricing and Availability

8.1  Our Purchase Confirmation sets out the cost of delivering Your chosen Services. Any changes to the Services including additional work or expenses will be in addition to the costs set out in Our Purchase Confirmation.

8.2  Minor changes may be made to Our Services, from time to time to reflect changes in relevant laws and regulatory requirements. These changes will not alter the main characteristics of the Services. However, if any change is made that would affect Your use of the Services suitable information will be provided to You.

8.3  Where any updates are made to the Services, they will continue to match Our description of it as provided to You before Your purchase. Please note that this does not prevent Us from enhancing the Services, thereby going beyond the original description.

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9.  Orders – How Contracts Are Formed

9.1  In order to sign up for Our Services You will agree to these Terms of Sale and receive Our Purchase Confirmation. You will be required to confirm you accept these Terms of Sale on Our website prior to making a purchase for Our Services. In doing so You are asking to enter into a formal contract with Us.

9.2 No contract will be formed prior to Our issuance of the Purchase Confirmation email. Your acceptance of these Terms of Sale constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Purchase Confirmation email. Only once We have sent You a Purchase Confirmation will there be a legally binding Contract between Us and You.

9.3 The Purchase Confirmation shall contain the following information:

9.3.1 Confirmation of Your purchase including full details the Services including the main characteristics;

9.3.2 Fully itemised pricing of Your purchase including, where appropriate, taxes, and other additional charges;

9.3.3 The mutually agreeable date and time that the Services will commence.

9.4 In the unlikely event that We do not accept or cannot fulfil Your purchase for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.

9.5 Any refunds due under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. Refunds under this Clause 9 will be made using the same payment method that You used when making Your purchase.

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10. Payment for Our Services

10.1 In order to secure Our Services and access any Paid Content full payment is required by means of card payment or bank transfer. If payment bounces or is returned to You any dates agreed for performance of the Services will be cancelled. Where the same has already taken place, and not been paid for, You will remain liable for the costs of the Services used.

10.2 Any sums which remain unpaid shall incur interest on a daily basis at 8% above the base rate of the Bank of England from time to time until payment is made in full of any such outstanding sums.  This provision shall not apply to payments disputed in good faith.

10.4 All payments must be made in cleared funds either by card using Our payment processor or to such bank in the United Kingdom as We indicate from time to time, without any set-off, withholding or deduction except such amount (if any) of tax as You are required to deduct or withhold by law.

10.5 All fees quoted are exclusive of VAT. We are not at this time VAT registered.

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11.  Licence

11.1 When You purchase Our Services, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use any Digital Content for Your personal use or use in Your own business. The licence granted does not give You any rights in any of Our Digital Content (including material that We may licence from third parties).

11.2 The licence granted under sub-Clause 11.1 is subject to the following usage restrictions and/or permissions:

11.2.1 You may not copy, rent, sell, publish, record, republish, share, broadcast or otherwise transmit  the any of the Services (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’);

11.2.2 You may not use any two way livestream facility which is or is part of the Services to communicate or make accessible to any other person (other than any member of Your staff or any Individual that You have instructed to take part in the Services) accessing or participating in that item or event anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of that item or event.

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12.  Cancelling Your Purchase/Order

12.1 If You are a Consumer in the UK or European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund, subject to 12.2 below. The period begins once We have sent You Your Purchase Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access any part of the Services, or 14 calendar days after the date of Your purchase, whichever occurs first.

12.2 By purchasing any Digital Content that is downloadable and instantly available from Us, You agree that delivery of the Digital Content will begin immediately after payment. In accordance with Consumer rights, if You are purchasing as a consumer, You acknowledge that by agreeing to immediate access, You lose Your statutory right to cancel and no refund will be provided once the download or access has begun. If You are purchasing as a business, You acknowledge and accept that no refunds will be issued for digital products once access has been granted or the download has commenced, in line with Our standard business-to-business terms.

12.3 After the cooling-off period or if you are purchasing any Services as a business, You may cancel Your purchase at any time. However, We cannot offer any refunds.

12.4 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us or Your cancellation by post or email using the details provided at Clause 3 above. Please ensure you provide Us with Your name, address and email address.

12.5 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. They will be made using the same payment method that You used when making Your purchase.

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13.  Your other rights to end the Contract

13.1 If We are unable to deliver Our Services for more 90 days You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund. Where You are part way through any of Our Services, You may be issued with a partial refund. This will not be calculated as a pro-rata division of sessions used versus unused, but will instead reflect the front-loaded work already carried out, including preparation, research, administration, and any time already allocated or delivered in relation to the Services.

13.2  You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

13.3 If You wish to exercise Your right to cancel under this Clause 13, You may inform Us of Your cancellation by email using the contact details set out at Clause 3 above.

13.4  Any refunds under this Clause 13 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. Refunds under this Clause 13 will be made using the same payment method that You used when making Your purchase.

 

14. Our Liaility to Consumers and Businesses

Consumers

14.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

14.2 Our Digital Content is intended for non-commercial use only.  We make no warranty or representation that the Digital Content you receive is fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

14.3 If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Digital Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation.  Please note that We will not be liable under this provision if:

14.3.1  We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or

14.3.2 The damage has been caused by Your own failure to follow Our instructions; or

14.3.3 Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased the Digital Content.

14.4  Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for the Services which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

14.5 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

Businesses

14.6  Subject to sub-Clause 14.8, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

14.7  Subject to sub-Clause 14.8 Our total liability to you for all other losses arising out of or in connection with the Contract created by these Terms of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you under the Contract created by these Terms of Sale.

14.8  Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

Consumers and Businesses

14.9  We will not be responsible or liable if You are unable to access any Services due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

 

15.  Complaints and Compliments

15.1   We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

15.2   If You wish to give Us compliments about any aspect of Your dealings with Us, please contact Us using the contact details contained at Clause 3 above.

15.3   If You have a complaint that you feel we haven’t handled properly You can escalate the matter, if it relates to Dietetic Services You may contact the Health and Care Professions Council (HCPC) via www.hcpc-uk.org. If the matter relates to Nutritional Therapy, You may raise a complaint with CNHC via https://www.cnhc.org.uk/.

 

16.  How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our combined Privacy & Cookies Policy available here.

 

17. Other Important Terms

17.1  We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract without Our express and written permission.

17.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your purchase, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

17.7 Each party agrees to the following confidentiality obligations:

17.7.1 To keep confidential all information disclosed by the other party that is marked as confidential or would reasonably be considered confidential by its nature, including but not limited to business plans, client information, trade secrets, technical data, strategies, and financial information ("Confidential Information").

17.7.2 Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except to employees, agents, or subcontractors who need to know such information for the purposes of these Terms of Sale and who are bound by equivalent confidentiality obligations.

17.7.3  These obligations do not apply to information that:

(a) was already lawfully known to the receiving party before disclosure;

(b) is or becomes public through no fault of the receiving party;

(c) is independently developed without use of the Confidential Information;

(d) is required to be disclosed by law or regulatory authority; or

(e) must be disclosed in order to raise or report a safeguarding concern relating to the safety or welfare of a child or vulnerable adult.

17.7.4 Where legally permissible, the disclosing party will be informed of any such disclosure as soon as reasonably practicable.

 

18. Law and Jurisdiction

18.1  These Terms and Condition, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed under English law.

18.2 If You are a business customer, any dispute, controversy, proceedings or claim between the parties relating to these Terms of Sale, or the relationship between Parties (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales. 

18.3 If you are a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.4 If you are a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or 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.

 

Attachment

1. Use of a suitable web-conferencing platform, to access Our Services

We only offer the Content online using technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use a suitable web conferencing platform. Accordingly, the following remainder of this attachment applies.

 

2. The technology that We will be responsible for providing

2.1 We will subscribe to the web conferencing platform and pay any necessary fees to maintain that subscription. It will enable Us to act as “host” and to provide the Services to You over the internet.

2.2 To receive or participate in any of the Services via the web conferencing platform, You will need to join an online session via the link sent to you prior to the session. You will not need to pay any fee or charge to use the web conferencing platform facility or join that session: You will only need to pay for the Services made available to You.

2.3 We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use the web conferencing platform.

2.4 We do not supply or make available the web conferencing platform that You use to access the Services. We do not act as agent or otherwise on behalf of web conferencing platform or any third party platform provider. We are not a party to Your download and use of that platform. We will have no responsibility or liability for Your use of any third party platform. Your use will be subject to and governed by such terms and conditions and privacy policy of the web conferencing platform.

2.5 Our Services which consist of Background items are not provided by the web conferencing platform but is instead provided by Us.

 

3. The technology and other items that You will be responsible for providing

3.1 It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Services.

3.2 You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

 

• An appropriate functioning Device which is adequately charged.

• An up to date web conferencing platform (the specific software will be provided to you) as applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Services;

• Stable, reliable, internet access with adequate speed;

• A location at Your premises (or other premises that You use) with a suitable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other non-participating person to distract You or Us except for any person(s) present at Your request and by arrangement with Us;

• Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the Services, external microphone and/or speakers as reasonably necessary; and

• A camera that is part of or connected to the Device which is adequate for the purpose of You and the Trainer being able to share and/or remotely view any text, still images, videos or other items during and in connection with a session.

 

4. Scope of what We make available to access

4.1  We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

4.2 We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Services. However, We may, if You request it, either before or during any session of the Services, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to Your Device, Your digital content or any other technology or other thing.

4.3 Without in any way limiting anything in Clause 14 of the Terms of Sale causes beyond Our reasonable control may include any of the following:

 

• Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or

• Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or

• Failure of or defect in the web conferencing platform used by Us or You to make the Services available to You; or

• Lack of an appropriate functioning Device or any failure of or defect in a Device; or

• Your inability to access the Services due to failure of or defects in Our website etc.

 

5.  Account setup needed

To make a purchase and enable you to receive any Digital Content, you may first need to setup and then maintain an account with Us. Our Site explains how to set up an account. During the process of setting up an account, you will be required to choose a password and user name. We recommend that you choose a strong password for your account.

You may be asked for additional information regarding your account, such as your email address.

 

6.  Your responsibility for your account and its security

You must not share your account or your account details with anyone except you or a member of your staff who has your permission to do so and to receive and use those details on your behalf. If you believe that your account is being used by anyone else, please contact Us immediately. We will not be liable for any unauthorised use of your account.

 

You are fully responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your password or account. You must ensure that you log out from your account at the end of each session accessed by you. You must immediately notify Us of any unauthorised use of your password or account or any other breach of security relating to your account.

 

You must never use anyone else’s account without prior authorisation from Us for the specific occasion in question.

 

When creating an account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.

 

Your account will remain active for the duration of the Digital Content. If you wish to close and delete your Account prior to this period you may request the same by contacting Us.

 

7. Nature and result of a session of training provided to you or your staff

We will use Our reasonable endeavours to provide you with the necessary Services using reasonable care and skill. However, the nature of online training is such that there may be intrinsic limitations due to the online nature of it. Consequently, although dependent on various factors, the effectiveness or result of any one or more sessions will differ in each case.

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We make no warranty or representation that, and give no undertaking that any, or any particular, result will be brought about as a result of you or your staff taking part in any training session(s) or receiving or using any other Digital Content.

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8. Confidentiality when accessing live Digital Content

Some Digital Content, in particular live content, may be streamed or made available to others at the same time such as a Group Program. In such situations we draw your attention to the following:

 

• We advise that when logging into any live Digital Content you are mindful of the name you use. If you indicate both your first and second name you could be identifiable to others accessing the same live Digital Content. We therefore recommend signing in with just your first name or a nickname.

• Be conscious of your surroundings and ensure that any confidential information, or information you do not wish for others to see, is not on view around you or in your background.

• You should not disclose anything personal that you would not wish the general public know.

 

9. Particular Communication or other Requests

You acknowledge and agree that when You make a purchase and at least 48 hours before You participate in any Services You must tell Us of any special communication or other requirement, problem or circumstances of which You are aware which might be relevant to You or any of Your staff participating in that session. We will discuss with You any such matter that You tell Us about, and inform You if We are unable to accept Your purchase because of the particular requirement, problem or circumstances in question. If We do accept Your order, You will need to act in accordance with any instructions provided by Us relating to the matter.

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10. Nature and result of Our Services

We will use Our reasonable endeavours to provide appropriate guidance, suggestions and information, using reasonable care and skill, during Our Services. However where You fail to provide Us with information, or where You fail to follow our suggestions, We make no warranty or representation and give no undertaking that:

 

a) any, or any particular, result will be brought about as a result of Our Services; or

b) We will not carry out any work or provide any Services for You other than providing the Services You purchased, save as We may expressly agree under a separate agreement.