Terms and Conditions
Terms and Conditions for Happy Gut Guide December 2018
1. General
We offer advice about diet and lifestyle for those who have been diagnosed with IBS by their GP.
You should always speak to your GP before taking any of the actions set out in our programmes.
We are not a medical organisation and we do not and cannot give or purport to give you any medical advice, diagnosis or assistance in whatever form.
Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance, nor should it be interpreted in substitution for any diagnosis, medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Programme and/or its products or services.
You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
We do not seek however, to limit our liability to our customers/users in any way that contravenes the Unfair Contract Terms Act or any consumer legislation applicable in England and Wales.
1.1 Definitions:
“The Client” is the person (or persons) who receives the Services (where more than one they are joint and severally liable)
“The Services” are training, information, advice and guidance offered through our website or other social media channels.
“Happy Gut Guide” shall be Laura Tilt and Madeleine Shaw trading as Happy Gut Guide of Madeleine Shaw The Found, Ground Floor, Unit E, Phoenix Brewery, 13 Bramley Road, London W10 6SZ
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1.2 Self Certifications:
The Client certifies that he or she:
- HAS VISITED THEIR G.P. AND HAS A DIAGNOSIS OF IBS
- IS NOT UNDERWEIGHT, OR HAS LOST MORE THAN 10% OF THEIR BODY WEIGHT IN THE LAST 6 MONTHS
- DOES NOT HAVE, NOR HAS PREVIOUS HAD, AN EATING DISORDER
2. Price and payment
2.1 The Price for the Services is set out on the website. There is no VAT.
2.2 The Price shall be the Fees of Happy Gut Guide and payment of 100% of the Price is due in full at time of booking, save as set out clearly on our website for the particular Services which offer a split payment option.
2.3 Where split payment options are available, each instalment must be paid on time, and failure to pay any instalment on time may result in Happy Gut Guide cancelling or amending the Services, in their sole discretion.
3. Cancellation of agreement
3.1. The Services can be cancelled by either party in writing or by email to Happy Gut Guide subject to the matters set out in this clause.
3.2 If Happy Gut Guide cancels the Services, the Price will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will payable to the Client by Happy Gut Guide arising from such cancellation.
3.3 In the unlikely event of Happy Gut Guide rescheduling the Services, alternative dates will be offered. No further refunds, sum or compensation will payable to the Client by Happy Gut Guide arising from such rescheduling.
3.4 If the Client seeks to cancel the Services then the following provisions shall apply:
3.4.1 if cancellation by the Client is before week two of the Services, then Happy Gut Guide will refund any sums paid to the Client in full, the Services shall be terminated immediately, and no further refunds, sum or compensation will be payable arising from such termination.
3.4.2 if cancellation by the Client is after week two of the Services, then the Price paid shall be forfeited and non-refundable in its entirety. Any Fees not paid at the time of cancellation by the Client shall be due in full immediately. This includes any installments yet to be paid at the time of cancellation. No further sums will be due from the Client to Happy Gut Guide arising from such cancellation.
4. General Conditions:
4.1 Happy Gut Guide shall use reasonable endeavors to meet any performance dates, but such dates shall be estimates only and time is not the essence of the contract.
4.2 The Fees will be paid at the time of booking and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the Services may be suspended and payment in advance may be required before the Services are re – commenced.
4.3 If payment is not made in accordance with the above clauses, Happy Gut Guide reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
4.4 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website https://happygutguide.co.uk
4.5 (a) The Client grants to Happy Gut Guide consent to use any work including photographs and videos created as part of the Services to show off its services and designs, together with the right to display images as part of its portfolio and to write about the Services on websites, and in its marketing materials. If you do not wish to grant this consent, you must confirm prior to entering this agreement, and in that event Happy Gut Guide reserves the right to withdraw the offer of the Services.
4.5 (b) The Client grants to Happy Gut Guide consent to use data collected by symptom evaluation information. The Client will complete a symptom evaluation form at the start of the programme and at 4 other points during the 12 week course and Happy Gut Guide will use the results to show the outcomes of the programme. The Client will NOT be personally identifiable from the data collected, and will be asked to sign a separate form to allow the recording and use of this information.
4.6 (a) Happy Gut Guide will use reasonable care and skill in performing the Services. Where any valid claim in respect of the services is made the Client may be entitled ONLY to a refund of the Fees or part of the Fees.
4.6 (b) Happy Gut Guide’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
4.6 (c) Nothing in these Terms will exclude or limit liability for death or serious injury caused by The Happy Gut Guide’s negligence.
4.7 The Services may be terminated if payment of the Fees is not made in accordance with these terms; or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in any way or requests Happy Gut Guide to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends its business. Upon termination the Client shall immediately pay any Fees for work done to that point, to Happy Gut Guide.
4.8 Happy Gut Guide shall not be liable for any breach of contract due to force majeure
4.9 Nothing in these terms are intended to create a partnership or joint venture between Happy Gut Guide and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
4.10 Variations to the Services by the Client may only be agreed in writing. Variations to the Services by Happy Gut Guide may be essential if services or suppliers need to be substituted. In such event, the same level of services or goods or suppliers will be provided but limited changes are inevitable. Happy Gut Guide will endeavor to maintain quality and value as far as reasonably possible.
4.11 Following the conclusion of the Services Happy Gut Guide may wish to contact you to request testimonials, recommendations or feedback on the services. By agreeing these terms, you are consenting to that contact by Happy Gut Guide after the conclusion of the Services.
4.12 Happy Gut Guide asserts their intellectual property rights, including copyright, over the written materials produced by Happy Gut Guide as part of the Services. The written materials shall not be reproduced, copied, shared or used elsewhere without the written permission of Happy Gut Guide. All rights are entirely reserved by Happy Gut Guide.
4.13 These terms and any dispute arising from them shall be governed by the laws of England and Wales.
