NUDE NUTRITION – TERMS AND CONDITIONS
(a) In these conditions, ‘I’ and ‘Practitioner’ means Katherine Kimber (the Dietitian) trading as Nude Nutrition (NN); (b) ‘You’ means the person or entity receiving the Services; (c) ‘Services’ means the nutrition advice provided by NN to You; (d) ‘Online Course’ means the delivery by us of an online course pursuant to which you learn course materials remotely. (e) ‘Website’ means https://nudenutritionrd.com/ and any of it’s pages, including pages link to the third party site Kajabi where online courses are created.
(a) A quotation is an invitation to treat and not an offer. I may withdraw or amend any quotation at any time prior to our acceptance of your order, which will occur when we issue a written acknowledgement or we begin the Services, whichever is the earlier.
3. PROVISION OF SERVICES
(a) I will provide the Services to You at the agreed time and location.
(b) I will provide a professional service at all times and provide appropriate information at all times.
(c) The Service consists of the provision to You of individual diet related advice and consultations including the collection and assessment of information relating to Your current diet and the making of recommendations as to how that could be adjusted to address Your individual goals or concerns. However, as all individuals are different it is not possible to guarantee that any specific result will be obtained as a result of the Service.
(d) The Service does not include (and the Practitioner shall be under no obligation to provide to You) any services which it would be unlawful, illegal or unethical to provide or which would require the Practitioner to act in breach of any code of conduct or other regulation to which she is subject. Such services include, but are not limited to: advice on the use of illegal substances or the misuse or abuse of any medications or the treatment of any diagnosed eating disorder (unless such treatment is provided in combination with other health care professionals in accordance with all applicable treatment guidelines).
(e) Home visits can be arranged at the Practitioners discretion. Travel time incurred is chargeable at the practitioner’s hourly rate. Kitchen assessments and any advised utensil or equipment purchases made by the practitioner are at the client’s sole discretion. (f) I reserve the right to vary or withdraw any of the Services described on the Website without notice. (g) I expect you to confirm that the Services you are purchasing will meet your needs. I do not make any guarantee to you that you will obtain a particular result, from your purchase and completion of any of the Services.
4. PRICE AND TERMS OF PAYMENT
(a) The fee payable to NN for the Services is as per the fees agreed and documented.
(b) I will invoice You as agreed prior to commencement of the Services
(c) Payment terms for all Services are payment upon receipt of invoice and prior to commencement of receiving advice.
(d) You may not withhold or set off payment of any amount to NN.
(e) If you do not make any payment on the due date then we may cancel or suspend any further deliver or provision of services to you.
(f) If payment is made via instalments (subscription), your subscription will continue without renewal notice until the full payment have been received.
(g) Certain Services provided by NN to You include a Completion Date. I am under no obligation to provide a refund, credit note or similar in respect of the uncompleted Services paid via the full payment or the subscription method.
5. CANCELLATION POLICY
(a) Services cancelled by You with less than 24-hours notice shall be chargeable at 100% of the agreed fees.
(b) Certain Services provided by NN to You include a Completion Date. I am under no obligation to either provide any Services which have not been completed by this date or to provide a refund, credit note or similar in respect of the uncompleted Services
(c) If You wish to terminate the Services provided by NN to You, written notification must be sent to NN.
(d) After completing either Your free 20-minute or paid initial consultation, You are under no obligation to continue with Your programme and You will be refunded any payments above and beyond the initial consultation You have made.
(e) In the event that You chose to no longer continue with your sessions once your start date has commenced, I am under no obligation to provide a refund, credit note or similar in respect of the uncompleted Services. In certain circumstances (e.g., serious ill health) and at the discretion of NN, the programme may be put on hold for up to three months. Full payment for sessions taken to date will need to be paid by You upfront if this has not already been covered. NN will not refund payments made in advance of sessions You wish to cancel.
6. YOUR OBLIGATIONS
To enable Us to perform our obligations you will:
(a) Co-operate with NN at all times and comply with any reasonable requirements/advice by Katherine; (iii) You understand that the treatment and advice provided is based not only on Katherine’s assessment of your health but on information provided by You. You confirm that You will provide Katherine with all relevant information regarding your health and medical history throughout the Services and that such information is wholly complete, accurate and a true representation of your overall health and medical history.
(b) Obtain all necessary permissions and consents, which may be required before the commencement of the Services, the cost of which shall be Your responsibility;
7. OUR OBLIGATIONS
(a) Katherine shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
(a) The Practitioner does not seek to limit or exclude in any way her liability for: (1) death or personal injury caused by negligence; (2) for fraud or fraudulent misrepresentation; (3) for any rights which You are entitled to when dealing as a consumer; (4) for any remedial action which any regulatory authority having jurisdiction over the Practitioner may order him to carry out; (5) and for any other liability which cannot lawfully be limited or excluded. Each provision of these Terms and Conditions shall be read as subject to this Clause 8 (a) and no provision shall be interpreted as seeking to limit or exclude any of the foregoing types of liability.
(b) Save as otherwise provided for under Clause 8 (a), the maximum liability of the Practitioner to You in connection with the provision of the Service and any breach by the Practitioner of these Terms and Conditions shall be limited to the value of the Charges actually paid by You to the Practitioner. (c) Choice of Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of England and Wales. Each party agrees to submit to the exclusive jurisdiction of any competent within England.
9. SERVICE STANDARDS & COMPLAINTS
(a) The Practitioner warrants that as at the date of Your order she is a registered Health Professions Council Dietitian (registration number DT27201) and a registered member of the British Dietetic Association (registration number 16036) and will maintain all professional registrations which may be required from time to time to enable him to lawfully provide the Service to You.
(b) The Practitioner shall provide the Service to You using reasonable skill and care and in accordance with all legal and regulatory obligations which apply to the Practitioner and the Service including: (a) the Standards of Conduct, Performance and Ethics and Proficiency Standards: Dieticians as published by the Health Professions Council; and (b) the Code of Professional Conduct of the British Dietetic Association.
(c) In the event that You wish to make any complaint concerning the provision of the Service or the conduct of the Practitioner which You are unable or unwilling to resolve directly with the Practitioner then You have the option to raise a concern with the Health Professions Council. Further details of this procedure are available at www.hpc-uk.org or by writing to the Health Professions Council at: Fitness to Practise Department The Health Professions Council, Park House, 184 Kennington Park Road London, SE11 4BU.
(a) All intellectual property in any materials given by Katherine to You shall at all times remain property of NN.
(b) Each party shall treat all Confidential Information belonging to the other party as confidential and safeguard it accordingly; and shall not disclose any Confidential Information belonging to the other party to any other person without the prior written consent of the other party, except to such persons and to such extent as may be necessary for the performance of the Agreement.
(c) Provided that doing so does not cause her to breach of any code of conduct or other regulation which she is subject to, the Practitioner may terminate the provision of the Service at any time. Should she do so, You will receive as Your exclusive remedy a refund of any advance Charges already paid by You for Services which have not yet been provided. The Practitioner shall not though be required to provide any such refund if her reason for terminating the provision of the Service is: (a) because You have requested the Practitioner provide any service to You which it would be illegal, unlawful or unethical for her to provide or would result in her breaching any code of conduct or other regulation which she is subject to; or (b) where the Practitioner exercises her rights of termination under Clause 4 (e).
11. INTELLECTUAL PROPERTY
(a) All Intellectual Property Rights in Online Courses and the talks, webinars or trainings made by Katherine are, and remain, the intellectual property of Katherine Kimber, whether adapted, written for or customised for the You or not.
(b) You are not authorised to:- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Online Course materials or talks, webinars or trainings, without prior written permission; (ii) record on video or audio tape, relay by videophone or other means Online Courses, webinars, talks or trainings given; (iii) use Online Course, talks, webinars or trainings in the provision of any other course or training; (iv) remove any copyright or other notice of NN on the Course Materials, webinars or trainings.
(c) In consideration of the fees paid by you for Online Courses, I grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials in respect of the Online Course for the sole purpose of completing the Online Course.