Terms and Conditions – Intelligent Eating®
1. Key Points
1.1.Our aim is to provide you with independent, impartial and informed dietary and nutritional advice in order to help you to minimise the incidence of disease and achieve long term optimum health. In short, we want to help you live, longer, healthier, and happier through and understanding of nutritional literacy.
1.2.Dietary and nutritional therapies encompass preventative and educational approaches to dietary and lifestyle changes, in order to promote and optimise physical and mental health.
1.3.The degree of benefit derived from nutritional therapy may vary between individuals with similar health problems and following a similar nutritional therapy programme.
1.4.Nutritional therapy is based on the premise that we are all unique. We believe that your health is affected not just by your own biochemistry (any imbalances in your hormones and your gut), but also by external factors including diet, nutrition and your environment.
1.5.We are not medical practitioners and our advice is not intended as a substitute for the medical advice and/or treatment of a GP or specialist.
1.6.We do not advise anyone to change or alter dosage of any prescribed medications without professional counsel from their GP or specialist. This is particularly important for those who are on blood pressure medication or medications to lower cholesterol as there can be a dramatic reduction in high blood pressure and/or high cholesterol. Should you notice any symptoms such as dizziness it may mean that your medication is no longer required and you should seek advice from your GP or specialist as soon as possible. Those who are taking coumadin (warfarin) or other thinners should inform their specialist of any dietary change, as the dose may require adjustment to maintain acceptable INR.
2. Your Health and Responsibilities
2.1.Nutritional therapy is not a substitute for professional medical advice and/or treatment.
2.2.If you suffer from a chronic or serious health problem, ranging from type 2 diabetes, coronary artery disease, hypertension, obesity or other known cardiovascular problems, you are advised to have a direct consultation for a full nutritional therapy programme.
2.3.You will be asked to disclose details of ALL medical diagnoses, conditions, treatments, therapies, medications, herbal or homeopathic medication and food supplements you are taking before commencing any programme. This information must be provided to us in full as it may affect the nutritional programme we devise for you.
2.4.If you are attending a regular group meeting or a personal service programme, then you must keep us informed of any changes in your health, including any change in treatment, medication or dosage.
2.5.No responsibility will be accepted in cases where diagnosed medical conditions or details of other therapies have been omitted; or where medication or other treatments or supplements have not been fully disclosed in writing prior to our advice and recommendations and any nutritional therapy programme being given; or where you fail to inform us of changes that occur during a programme.
2.6.If you are receiving treatment from your GP or any other medical provider for any conditions, you should tell your GP about the nutritional therapy programme provided by us. This is advisable because of any possible reactions between medication prescribed by your medical provider and nutritional programmes.
2.7.If you do not understand any of the recommendations or advice we provide, or if you have any concerns about the nutritional therapy programme you have been given, then you should contact us immediately so that we can discuss and resolve any issues as soon as possible.
2.8.If you are joining the group meeting then you will be required to provide monthly fasting bloodwork of your total cholesterol, LDL cholesterol, HDL cholesterol, Triglycerides, blood glucose and blood pressure. This bloodwork is available from your GP or private laboratory, although there may be a charge dependent on your age, specific healthcare guidelines or the frequency of the testing. It’s also recommended for personal clients to have their bloodwork taken at the beginning of their consultations. You will be solely responsible for the payment of any charges to your GP or laboratory.
3. Our Services
3.1.The nutritional advice we provide is educational and can be provided as part of a seminar, group, or a one-to-one personal service.
3.2.One-to-One: A personal service for those who seek education, support, accountability, mentoring and advice, typically already suffering from chronic conditions, such as but not limited to type 2 diabetes, coronary heart disease, weight management or metabolic syndrome.
3.3.We take our responsibility for our professional advice extremely seriously. Adam Stevens, Director, has a qualification in nutrition from Cornell University, New York, USA and the McDougall programme in San Rosa, California, USA.
4.1.We are committed to protecting your privacy. All personal information will be treated with the strictest confidence by Intelligent Eating and will never be shared or passed onto another organisation without your permission, except for contact and transactional details for payment purposes; or where we are required to make a disclosure by law.
4.2.We may also disclose information to a healthcare professional or another person where we believe it is essential and/or in your best interests; however, we will notify you before making any such disclosure and explain the reason for the disclosure. Where such a disclosure is made we will only disclose information which is relevant and necessary.
4.3.We will hold your data but will only use it in relation to the services you have requested and to occasionally advise you of information, products or services from us that we believe you might find of value. We will not disclose any of this information to third parties without your consent. Should you no longer wish to receive information from Intelligent Eating please notify us in writing.
4.4.We will retain any file of information we keep you regarding you and your health information for a period of 6 years following termination of our contract. You are entitled to a copy of any and all information we hold about you, if you would like a copy then you should make a written request for this. A reasonable administrative fee may be payable for provision of any such information.
4.5.Should you wish to provide us with a testimonial at any stage, and you are under no obligation to do so, then the information you provide within that testimonial will be published on our website and may be used in other promotional material both online and offline. Any of your personal information or confidential data that forms part of this testimonial will only be used with your express consent
5.1.Our responsibility is only to the person who engages our services directly, not to any third party. For the purposes of the Contracts (Rights of Third Parties) Act 1999 our terms are enforceable only by you and no other person.
5.2.Your nutritional programme will be based on the information you disclose to us and the results of any tests you undertake and any other disclosures. Advice and guidance will depend on the information provided by you. No liability will be accepted in cases where diagnosed medical conditions or details of other therapies have been omitted; or where medication or other treatments or supplements have not been fully disclosed in writing prior to our advice and recommendations and any nutritional therapy programme being given; or where you fail to inform us of changes that occur during a programme.
5.3.If you join a personal service programme, then we will review your matter regularly and will advise you of any circumstances and risks of which we are aware or consider to be reasonably foreseeable that could affect you.
5.4.Intelligent Eating cannot be liable for the accuracy or performance of health tests carried out by external laboratories.
5.5.We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities. We cannot limit our liability for death or personal injury caused by our negligence.
6. Intellectual Property
6.1.All Intellectual Property Rights in or arising out of or in connection with the services we provide shall be owned by us.
6.2.No part of the Intelligent Eating website or publications may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission. All of our materials remain our exclusive property.
6.3.When you download content, you do not obtain any ownership interest in it. You may retrieve and display the content of the Intelligent Eating website on a computer screen, store it in electronic form on disk or print a copy for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
6.4.Modification of the content or use of it for any other purpose, including, use on any other website or networked computer environment is strictly prohibited.
6.5.You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.
7.1.All payments must be paid for in advance via BACS, or credit/debit card.
7.2.If you fail to make any payment by the due date, then you will pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.
7.3.We reserve the right to increase our rates, provided that such charges cannot be increased more than once in any 6 month period. We will give you written notice of any such increase 2 months before the proposed date of the increase. If such increase is not acceptable you must notify us in writing within 4 weeks of the date of the notice and we shall have the right without limiting our other rights or remedies to terminate the Contract by giving 4 weeks’ written notice to you.
8.1 Without limiting our other rights or remedies, we may terminate any contract for on going one-to-one sessions provided we give you 2 months’ notice in writing.
8.2 Without limiting your other rights or remedies, you may terminate any contract for on going one-to-one sessions, provided you give us 2 months’ notice in writing.
8.3 Without limiting our other rights or remedies, we may terminate without notice any contract on going one-to-one sessions where you have materially breached these terms and conditions; in particular where we discover that you have failed to provide us with accurate information or have wilfully provided false or misleading information.
9.1.These terms and conditions and any additional contract terms, schedules or appendices will be governed by the law of England and Wales. Any dispute as to their construction or enforceability will be determined by the courts of England and Wales, who shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with them.