Disclaimer: Please recognise that it is your responsibility to work directly with your health care provider prior to beginning any exercise or nutrition program or taking any supplements. The content on this website is for informational and educational purposes only and is not intended as medical advice or to replace a relationship with a qualified healthcare professional.  Any information provided is not to be followed without prior approval of your doctor. If you choose to use this information without such approval, you agree to accept full responsibility for your decision.​

SITE TERMS & CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, Practice Nutrition & Movement (“Our Site”).   Please read these Terms and Conditions (which includes Digital Products) carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

Products and services are not intended for or available to children under the age of 18 years.  If you are under the age of 18 years, please exit this website.

 

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

 

“We/Us/Our”

means Practice Nutrition & Movement

 

Information About Us

Our Site, www.practice-nutrition.com, is owned and operated by Practice Nutrition & Movement.

 

Access to Our Site

Access to Our Site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Products and services are not intended for or available to children under the age of 18 years.  If you are under the age of 18 years, please exit the website.

 

Intellectual Property Rights

All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

 

Links to Our Site

You may not link to any page of Our Site.

Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

Disclaimers

Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to your health.

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

 

Our Liability

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

Viruses, Malware and Security

We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

 

By breaching the provisions you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

Acceptable Usage Policy

You may only use Our Site in a manner that is lawful. 

 

Specifically:

You must ensure that you comply fully with any and all local, national or international laws and/or regulations;

You must not use our site in any way, or for any purpose, that is unlawful or fraudulent;

You must not use our site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

You must not use our site in any way, or for any purpose, that is intended to harm any person or persons in any way.

We reserve the right to suspend or terminate your access to our site if you materially breach the provisions of this clause or any of the other provisions of these terms and conditions. 

 

Specifically,

We may take one or more of the following actions:

Suspend, whether temporarily or permanently, your right to access our site;

Issue you with a written warning;

Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

Take further legal action against you as appropriate;

Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

Any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies.  These policies are incorporated into these Terms and Conditions by this reference.

 

Changes to these Terms and Conditions

We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

Communications from Us

If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at pracnutrition@outlook.com

 

Data Protection

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

 

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, 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.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales.

 

PRIVACY POLICY

Practice Nutrition understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.practice-nutrition.com (our site)  and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

 

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested when you use this site.

 

Definitions and Interpretation                                                                                                                                                          

In this Policy the following terms shall have the following meanings: 

 

“Account”

means an account required to access and/or use certain areas and features of Our Site;

“Cookie”

means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our. Details of the Cookies used by Our Site are set out below

What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

What Is Personal Data?                                                                                                                                                                             

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

 

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious           

information such as your name and contact details, but it also covers less obvious information such as identification numbers, 

electronic location data, and other online identifiers.

 

What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

  1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.

  2. The right to access the personal data we hold about you.

  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.

  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.

  5. The right to restrict (i.e. prevent) the processing of your personal data.

  6. The right to object to us using your personal data for a particular purpose or purposes.

  7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

  8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

  9. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

 

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first.

 

What Data Do You Collect and How?

Depending upon your use of Our Site, we may collect and hold some or all of the personal data set out below. 

If a basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data.

 

How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following describes how we may use your personal data, and our lawful bases for doing so:

Information we process because we have a contractual obligation with you

When you buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

Verify your identity for security purposes

Sell products to you

Provide you with our services

Provide you with suggestions and advice on products, services and how to obtain the most from using our website

 

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract. We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

 

Information we process with your consent

Where there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

 

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

 

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

 

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally.

 

We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.

 

You may withdraw your consent at any time by instructing us pracnutrition@outlook.com

 

WEBSITE USAGE INFORMATION

We may use software embedded in our website (such as JavaScript) to collect information about pages you view and how you have reached them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not associate such information with an identifiable person.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone,  text message, post with information, news, and offers on our products and services.

You will not be sent any unlawful marketing or spam.  We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

 

How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. 

 

Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 

How Can I Control My Personal Data?

In addition to your rights under the Data Protection Legislation, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails or at the point of providing your details.

 

Can I Withhold Information?

You may access Our Site without providing any personal data at all.

How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email pracnutrition@outlook.com

We will respond to your subject access request within less than one month and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time.

 

How Do You Use Cookies?

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

All Cookies used by and on our Site are used in accordance with current Cookie Law.

 

How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

Email address: pracnutrition@outlook.com.

 

Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 20 June 2020.

 

 

 

COOKIE POLICY

 

BACKGROUND:

 

This website Practice Nutrition (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

 

Definitions and Interpretation

In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

 

“Cookie”

means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);

“personal data”

means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the Data Protection Act 1998; and

“We/Us/Our” means Practice Nutrition

 

Cookies are small text files that are placed on your computer’s hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

 

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period has passed.

 

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website.

 

How Does Our Site Use Cookies?

Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.  

To operate our content management system.

To operate the online notification form – the form that you use to contact us for any reason.

This cookie is set on your arrival at our web site and deleted when you close your browser.

To enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.

To collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.

To store your personal information so that you do not have to provide it afresh when you visit the site next time.

to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

 

Consent and Control

In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with our device.

 

The links below provide instructions on how to control Cookies in all mainstream browsers:

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB

Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835

Microsoft Edge: https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)

Safari (macOS): https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_GB

Safari (iOS): https://support.apple.com/en-gb/HT201265

Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences

Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)

 

Changes to this Cookie Policy

We may alter this Cookie Policy at any time.  Any such changes will become binding on you on your first use of Our Site after the changes have been made.  You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

Contacting Us

Email at pracnutrition@outlook.com

 
 
 

MEDICAL DISCLAIMER

OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Practice Nutrition provides the services for informational purposes only. Based on information that you request and/or provide to us, Practice Nutrition provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice ; and (iii) references to other resources. While Practice Nutrition believes that the information provided through our Services and the Site is reliable, Practice Nutrition cannot and does not make any such guarantee or warranty.

Any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.

You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provider and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE.

 

My Services are not intended to be used by Minors (under 18 years) or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

 

Furthermore, Practice Nutrition shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Practice Nutrition & Movement shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Practice Nutrition & Movement disclaims all liability in connection with such information.

If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.

Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

 

Digital Products Terms & Conditions

1 Introduction

1.1 Access to and use by you of the digital downloads is subject to these Terms and Conditions.

1.2 The ordering digital downloads constitutes your acceptance of these Terms and Conditions that take effect at the time of your order.

1.3 Please read these Terms and Conditions carefully. By purchasing a digital download(s) you are accepting that you agree with these Terms and Conditions.

1.4 Practice Nutrition reserves the right to change these Terms and Conditions at any time. You are responsible for checking the Practice Nutrition & Movement website (www.practice-nutrition.com)  to obtain notice of any such changes. Continued use by you of the digital downloads following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.

1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

1.6 These Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.

1.7 The failure of Practice Nutrition & Movement to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

 

2 Access to Digital Downloads

2.1 Whilst Practice Nutrition endeavours to ensure that the Digital Downloads are available 24 hours a day, Practice Nutrition & Movement will not be liable if for any reason they are unavailable at any time or for any period.  Practice Nutrition & Movement does not guarantee the functions contained in the downloads will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.

2.2 Access to this the digital downloads may be suspended temporarily, without notice.

 

USER RIGHTS OF ACCESS

​You are also not allowed to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources (including our digital products after these have been purchased by you) on the site available to any third party.

You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files and resources when purchasing our digital products. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses or similar issues. We advise that you use your own virus protection software to protect yourself.

 

We do not save your credit card details or share customer details with any third parties, and we follow our Privacy Policy in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the site in all of the material hosted on the site and the digital products you purchase, including any databases that hold relevant information about the site and its products. They are protected by copyright or trademark registration and you may only use any such materials, digital products, and the documents in line with these terms and conditions and this paragraph specifically. 

All of the digital products that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.

You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.

If you do not use the materials, digital products  in line with these terms and conditions and this paragraph specifically, you lose your right to use our site and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.

We do not guarantee the accuracy of material on our site or the accuracy of the content of our digital products, and you are responsible for the way you use its content.

We shall not limit or exclude our liability for:

  • death or personal injury,

  • fraud or fraudulent misrepresentation; or

  • any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.

 

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

  • loss of profit,

  • loss of goodwill,

  • loss of savings; or

  • loss of contract.

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We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.

 

Although we try to make the site available at all times and without errors, we do not warrant that your use of the site, will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays, and other issues

Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

TERMS AND CONDITIONS OF SALE


The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of this digital product. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Practice Nutrition.


PURCHASE OF DIGITAL PRODUCTS

 

Practice Nutrition offers a range of services, including coaching packages and digital products. You may purchase digital products directly through the site.

These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site to you:

  • Digital downloads of audio products to your computer or mobile device

  • Digital downloads of video products to your computer or mobile device

  • Digital downloads of supporting materials

DIGITAL PRODUCTS

Each time that you purchase digital products through the site, you will be required to confirm that you have read, understood, and accept our terms of sale. You will not be able to purchase anything through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us.

 

Please read these terms of sale carefully before ordering any digital products from our site. If you have any queries on these terms please contact us at pracnutrition@outlook.com before placing any order.

 

By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.

By placing an order for digital products through our site you agree that we may store, process, and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment (for example, Stripe, PayPal) and they will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process, and use your personal data is contained in our Privacy Policy.

All of the digital products that are available for sale on our site are owned or controlled by us or our licensors. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.

You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.

You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site.

You are responsible for ensuring that any hardware you use to download and/or access these digital products function correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.

PLACING AN ORDER

After placing an order for any digital products via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.

The contract for the purchase of any digital products will only be formed when you have agreed to our terms of sale, we have received payment in full for the digital product you are purchasing and we make the digital product available for download. We reserve the right, in our sole discretion to reject any order we receive.

AVAILABILITY

All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.

Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.

Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.

PRICE AND PAYMENT

The price of any digital product will be as quoted on this site at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products available only as part of a different purchase, for example, part of a Service package.

Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.

Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device.  Note that overseas roaming charges may also apply. We will not be held liable for any such charges.

By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

REFUNDS

In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not downloaded the digital product made available, and have not accessed and/or used any supporting materials provided to you alongside your purchase of any digital products, within 14 calendar days from purchase.

If digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products to functioning order or offer you a repeat download. You shall not have the automatic right of refund in this case. You must notify us within 10 days of download of the digital product that it is defective at pracnutrition@outlook.com If we are unable to fix it and a repeat download does not resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.

PURCHASE OF SERVICES

More details on our services can be found on our website. If you wish to purchase services or would like more information on our services, please contact pracnutrition@outlook.com

 

If you purchase any services from us, a separate agreement will be executed between you and Practice Nutrition which will be subject to a specific set of terms and conditions suitable for that agreement. It may be that some terms and conditions are the same or similar to those contained in these Website Terms and Conditions and Terms and Conditions of Sale, but they may vary to suit the relevant agreement at that time. Practice Nutrition will make those terms and conditions known to you and those will apply to any contractual agreement if you agree and it is concluded.