Terms used in this Agreement
Highlighted terms in this Agreement shall have the following meanings:
“Agreement” the contract between You and Us as set out in these Terms;
“Application” Your application to use our services, including our programs, and to join the Membership Service;
“Channel” means the channels through with the services are delivered including the website at www.waysofeating.com, iOS and Android apps, and any other channels.
“Distance Selling Legislation” the Consumer Contracts Regulations 2013;
“Events beyond Our control” any cause beyond Our reasonable control which prevents Us from providing the Membership Service or fulfilling any of Our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God;
“Community Areas” means all community areas and methods of interaction between members, Program Leaders and Experts, available on the Channel and/or as part of the Membership Service;
“Community Conduct Guidelines” means the code of conduct for participating in the Community Areas and set out in clause 3.6;
“Medical Criteria” means the criteria that you must satisfy to be accepted onto the services and Membership Service
“Membership Service” your membership to the Ways of Eating service in accordance with these Terms including any Subscription Service that you have been accepted on to;
“Program” means any Ways of Eating program that You have applied for;
“Program Leader” means the leader of each program/ service as applicable;
“Service” means the program other service that You have been accepted on to and confirmed by Us in writing;
“We/Us/Our” Ways of Eating Limited with trading address Beaufort House,
St Botolph Street, London EC3A 7BB (with registered number 9242921), including where appropriate Our employees and authorised agents; and
1. OUR AGREEMENT
1.1 Acceptance of Terms
These Terms and Conditions (“Terms“) are the terms on which We provide the Services to You. Please read these Terms carefully before applying to become a member. You should keep a copy of these Terms for future reference.
1.2 The Application process and Application confirmation
Your Application to join a Ways of Eating program constitutes an offer to Us to join the Membership Service. All applications are subject to availability, completion of a medical screening,passing our medical criteria, and to acceptance by Us. The contract for Your Membership is formed when We send You a membership confirmation and acceptance to a program, as part of your welcome email.
1.3 We reserve the right in our absolute discretion to refuse to accept an Application from any person.
1.4 Health Disclaimer
Our programs and services are intended only to assist users in their personal weight loss or lifestyle improvement efforts. We are not a medical organisation and neither We nor our ‘Program Leaders’ nor our ‘Coach Nutritionists’ can give you medical advice or diagnosis.
You are urged and advised to seek medical advice before beginning any weight loss effort, or significant lifestyle change. Ways of Eating’s services are intended for healthy adult individuals only. If You are under the age of 18, you may not use our services. If you have any type of health condition, You are a pregnant woman, or are breast feeding a child, You should seek professional medical advice prior to applying to use our services.
1.5 These Terms are only available in the English language.
1.2 Competitions and promotional offers
From time to time We may offer You the chance to enter competitions or take up certain promotional offers. We will alert You to any specific terms which apply to such competitions or promotions at the relevant time
- GENERAL INFORMATION ABOUT US
2.1 We are Ways of Eating Limited a company registered in England and Wales under registration number 9242921. Our registered address is New Derwent House, 69-73 Theobalds Road, London WC1X 8TA and the address at which We are established is Beaufort House, St Botolph Street, London EC3A 7BB.
2.2 If You have any questions, complaints or comments about our services he then please contact Us on firstname.lastname@example.org.
2.3 Our VAT number is 201834445.
- YOUR USE OF THE SERVICES
3.1 Registration, Passwords and Security
As part of Your Application, You will be asked to set-up a password and user name.
You are responsible for maintaining the confidentiality of Your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Services and will not be responsible for losses suffered by You where Your password or user name is used by someone else unless this is due to Our negligence. You agree to notify Us immediately by email to email@example.com if You become aware of or suspect any unauthorised use of Your password or user name.
3.2 Your promises to Us
You confirm that:
(a) You are over 18;
(b) all information and details provided by You to Us are true, accurate and up to date in all respects and at all times. You can update or correct Your personal details at any time by amending Your account details though the Ways of Eating app or website;
(c) You will notify your Program Leader or Coach Nutritionisy in the event there are any changes to Your health throughout Your use of the services or Membership;
(d) You will comply with the restrictions on Your use of the services as set out in these Terms;
(e) You will comply with the Community Conduct Guidelines; and
(f) in relation to any material (including any personal information (as defined in the Data Protection Act 1998) relating to other people, for example where they appear in photographs or videos) You submit to or post on the Channel as part of the Membership Service that You have the right to do so and have obtained all necessary licences, consents and/or approvals.
3.3 You acknowledge that if You (i) fail to notify us of any changes to Your health, (ii) We have reasonable grounds to suspect any answers you have given us on health or medical issues are inaccurate or untrue, or (iii) You fail to comply with the Community Conduct Guidelines, we may suspend and/or terminate Your access to the services, and any future application to a programme or the membership service;
3.4 You acknowledge that We have limited control over the nature and content of information transmitted or received by You or other users of the Services. You agree to compensate and defend Us fully against any claims or legal proceedings brought against Us by any other person as a result of Your breach of these Terms.
3.5 If We take legal action against You for non-payment or any other breach of these Terms and a court makes an award in Our favour You will be responsible for all costs allowable by the Courts.
3.6 Community Conduct Guidelines
You agree that in using the services and contributing to Community Areas that You will not:
(a) use the Services for any unlawful purpose;
(b) use the Services in any way that interrupts, damages, impairs or renders any Service less efficient;
(c) transfer files that contain viruses, trojans or other harmful programs;
(d) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any Ways of Eating security measures;
(e) post, email or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise or is likely to deceive any person or promote violence, sexually explicit material or illegal activity;
(f) advertise or promote third party or Your own products or services by way of the distribution of ‘spam’ email;
(g) give the impression that any contributions emanate from Us, if this is not the case;
(h) impersonate any person, or misrepresent Your identity or affiliation with any person;
(i) disseminate any content in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
You agree that in using the Services and contributing to any Community Areas that Your contributions are accurate (where they state facts) and any opinions are genuinely held.
3.7 We reserve the right to suspend, restrict or terminate Your access to the Services (or any part of it) at any time without notice if We have reasonable grounds to believe You have breached any of these restrictions. This shall not limit Our right to take any other action against You that We consider appropriate to defend Our rights or those of any other person.
3.8 You acknowledge that we do not actively moderate the Community Areas and public areas of any Channel and although we adopt conduct guidelines for users of any Channel and the Services as set out in clause 3.6 we cannot guarantee that You will not be exposed to content that is not offensive or objectionable.
3.9 Rights granted and rights reserved
(a) Your use of the Membership Service and its contents grants no rights to You in relation to Our intellectual property rights or the intellectual property of third parties in any Channel, Service and its contents;
(b) You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Web pages or materials on any Channel/Service or the computer codes of elements comprising any Channel/ Service other than for Your own personal use and where expressly permitted by us to do so;
(c) any use other than that permitted under this clause may only be undertaken with Our prior express authorisation;
(d) by submitting information, text, photos, graphics or other content to Us via the Membership Service , You grant Us a right to use such materials at Our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose and post such materials. You also agree that We can take down from any Channel any material You submit to Us without notice if we believe it is in breach of these Terms (and will also use our best efforts to inform You of this);
(e) You promise Us that any intention, text, photos, graphics or other content You submit to Us via the Service will not infringe the intellectual property rights of any third parties; and
(f) You may only use the Services and any Channel for Your domestic and private use. You agree not to use the Membership Services or any Channel for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.10 Links to and from other websites, applications and services
(a) We provide links to other websites, applications and other services as part of the Membership Service. You acknowledge that:
(b) We do not control such third party websites, applications or services and are not responsible for their contents;
(c) We will not be party to any transaction or contract with a third party that You may enter into via such websites, applications or services;
(d) We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites, applications or services; and
(e) You agree that You will not involve Us in any dispute between You and the third party.
- THE SERVICES
4.1 About the Services
(a) The Services are for private individuals who meet the Medical Criteria.
(b) The Ways of Eating website and apps will set out what services are available to You and We will confirm in writing what services You have been accepted on to and apply to You.
(c) There are certain situations and medical conditions that may make it impossible for us to accept your application to use the services.
(d) During the services You will be allocated a Program Leader and/or a Coach Nutritionist to support You through the program (where applicable). Whilst We will try and ensure that Your Program Leader and Coach Nutrotionist remain the same throughout Your program, we cannot guarantee that this will always be the case and where We need to change a Program Leader We will tell You.
4.2 The Fees
(a) The fees for the Program and Subscriptions Services are set out on the Program Pricing page of the Ways of Eating website (and are inclusive of UK VAT).
(b) For a Program (a non-subscription service) the fees are payable in full in advance at the start of Your Service
(c) For a Subscription Service the fees may be paid either:
(i) monthly in advance until the Subscription Service is ended in accordance with clause 4.3; or
(ii) annually in advance and at the end of the year they will automatically renew on a monthly basis unless We agree with You otherwise and until the Subscription Service is ended in accordance with clause 4.3:
(d) The fees are regularly reviewed. We will give You at least 30 days’ notice of any increase in the fees. If You wish to cancel the renewal of Your Eating Plan once You have been told the fees are increasing, You may do so by giving Us 14 days’ notice in writing to firstname.lastname@example.org unless otherwise set out in these Terms.
(e) The fee includes VAT. However, if the rate of VAT changes between the date of the Application and the commencement of Your Service, We will adjust the rate of VAT that you pay, unless you have already paid for Your Service in full before the change in the rate of VAT takes effect.
(f) You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your card refuses to authorise payment We will not accept Your Application and We will not be responsible for any non-delivery of the Membership Services. We are not responsible for Your card issuer or bank charging You as a result of Our processing of Your credit/debit card payment in accordance with Your Application. If You have a Subscription Service We may require that you enter into a direct debit for the fees.
4.3 Term and cancellation
(a) This Agreement will begin on the date We send You an email confirming Your Service and will continue for the following “Minimum Periods“:
(i) for Programs and other non-subscription services: for the stated duration or the program or other service period set out in the Eating Plan Terms;
(ii) for a Subscription Service where you pay monthly: for one month, which will automatically continue each month (“Further Period”) unless and until We or You terminate or cancel it in a manner set out in this clause; and
(iii) for a Subscription Service where you pay annually: for one year, which will automatically continue on a monthly basis (“Further Period”) unless and until We or You terminate or cancel it in a manner set out in this clause.
(b) During a Minimum Period set out above You may only terminate this Agreement (in whole or in relation to the applicable Service) by:
(i) giving Us written notice under clause 4.2(d) if We have told You We are going to change Fees or if we notify You that we are going to change the Eating Plan or Membership Service or these Terms in a way that materially affects Your rights or obligations; and/or
(ii) under clause 4.4.
(c) Subscription Services if you pay annually:
At the end of the Minimum Period We will notify You by email at 4 weeks prior to the end of the Minimum Period and any Further Period to remind You that the Subscription Service is going to automatically renew. If We do not hear from You within this 4 week period (as applicable), We will debit Your credit/debit card at the start of the Further Period for the relevant fees as are set out in the Eating Plan Terms and Your Subscription Service will renew for that Further Period.
(d) Termination of subscription Services (paid monthly or annually):
You may end Your Subscription Service by giving us at least 14 days’ notice in writing to email@example.com. Your Subscription Service will end:
(i) if there are 14 or more days until Your renewal date: the Subscription Service will end on the next renewal date; or
(ii) if there are less than 14 days until Your renewal date: the Subscription Service will end on renewal date which is at least 14 days after Your notice which may not be Your next renewal date and a further payment may be made.
(e) We may terminate this Agreement by giving You 30 days’ notice in writing by email to Your registered email address. We will refund the fees which You have paid in advance for Your Service for the period after the Agreement has ended.
(f) We may also suspend the Membership Service and terminate this Agreement without notice and without refunding any fees in the following circumstances:
(i) if You breach any of Your obligations under this Agreement, including Your obligation to pay the fees on time and in accordance with clause 3.3; or
(ii) if bankruptcy proceedings are brought against You, or if You do not pay a court judgment on time, or if You make an arrangement with Your creditors or if Your assets are the subject of any form of seizure.
4.4 Cancellation rights under Distance Selling Legislation
In addition to Your right of termination as set out in clause 4.3(b) above, under Distance Selling Legislation You may cancel this Agreement at any time before the start date of the Program or Subscription Service or within 14 (fourteen) working days commencing on the day after We send You an email confirming Your Service (the “Cancellation Period“) by contacting Us in writing at firstname.lastname@example.org. Where You exercise such right of cancellation, We will refund any fees You have paid provided that You have not used Your Service and in such circumstances We will refund you a pro-rated amount.
- OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
5.1 We accept liability for death or personal injury caused by Our negligence or that of Our employees. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees.
5.2 You have certain rights under the law. These include that We will provide the Membership Service to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights.
5.3 If We breach these Terms We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by You and Us at the time of entering into this Agreement.
5.4 We are not responsible for:
(a) losses not caused by Our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into this Agreement, for example loss of profits or loss of opportunity; and/or
(c) failure to provide the Membership Service or to meet any of Our obligations under this Agreement where such failure is due to Events Beyond Our Control.
5.5 Our total liability to You for any loss or damage arising in connection with this Agreement shall be limited to the fees You pay Us for the Services.
5.6 It is Your responsibility to ensure that You are capable of undertaking the prgram or other services. You should ensure that You have consulted with Your doctor or GP prior to beginning any program or service.
5.7 In the unlikely event that there are any problems with the Membership Services
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any problems; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable.
6.1 We may wish to transfer Our rights or obligations or sub-contract Our obligations under this Agreement to another other legal entity. You agree that We may do so provided that: (i) this will not adversely affect the standard of Service You receive under this Agreement; and (ii) in the case of transfer only, after We notify You of the date on which We will transfer Our rights and obligations under this Agreement to another legal entity, Your only rights under or in connection with this Agreement will be against the new legal entity and not against Us. This Agreement is personal to You. You may not transfer Your rights or obligations under this Agreement to anyone else.
6.2 If You breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
6.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
6.4 We reserve the right to vary these Terms from time to time. Any such changes will be notified to You in advance and by Your continued use of any Channel or the Membership Service You will have been deemed to have accepted these variations.
6.5 These Terms are not intended to give rights to anyone except You and Us. This does not affect Our right to transfer this Agreement under clause 6.1.
6.6 A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Agreement.
6.7 We will do Our best to resolve any disputes over this Agreement. If You wish to take court proceedings against Us You must do so within the United Kingdom. If you live in England and Wales the laws of England and Wales will apply and if you live in Scotland the laws of Scotland shall apply and if you live in Northern Ireland the laws of Northern Ireland shall apply. IF you live outside the UK the laws of England and Wales will apply.
- PERSONAL DATA AND PRIVACY
Updated May 2018