Terms & Conditions of Service
Basis of Agreement
1.1 These terms apply to all Programs offered by Food is Glorious Limited (“the Company”) from time to time. Such Programs may include but are not limited to:
- a) The Be IBS Free 3 month program
b) The Be IBS Free 6 month program
- c) The Be IBS Free 12 month program
- d) The Be IBS Free Online program; and
- e) The Maintenance Program
- f) The Yoga Detox Retreat program (alongside all other Food is Glorious Limited programs the Yoga Detox Retreat program is referred to throughout these terms and conditions of service as the ‘Program’).
1.2 Any Order which you seek to place with the Company through the Company’s website or otherwise constitutes an offer by you to purchase a place on the specific Program subject to these terms and conditions to the exclusion of all other terms and conditions.
1.3 Your Order shall only be deemed to be accepted by the Company when the Company notifies you in writing, usually by email, that your participation on the Program is approved on which date (the Commencement Date) a contract between you and the Company shall come into existence on the basis of these terms and conditions and any additional terms set out in the Company’s notification of approval (the Contract).
1.4 The Contract constitutes the entire agreement between you and the Company. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.5 Any example consultation, coaching session or presentation, descriptive matter or advertising issued by the Company and any illustrations or descriptions of the Programs contained in our recipe books, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Programs described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.
Program Use and Consent
2.1 This Program is owned and operated by Helen Mileham and Food is Glorious Limited (“Company”, “we”, or “us”). This Program has been developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours, which needs to be protected from improper and unauthorized use.
2.2 Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continuing use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Program.
2.3 We try to ensure that Program availability is uninterrupted and that our website, private Facebook group page, E-mail communications, and online Program recordings will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.
2.4 Although every effort is made to ensure the accuracy of published information on or through this Program, the Program may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Program, or in any of our programs, services, retreats, or materials. Information may be changed or updated without notice. We assume no responsibility for errors or omissions in the Program or in documents referenced by, or linked to, the Program.
2.5 This Program is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Program or website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using this Program or our website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our Terms and Conditions.
Supply of Services
3.1 Subject to receipt of the Charges by the Company in full or with a Deposit and fixed Payment Plan in place, we shall supply the Program to you in accordance with terms and conditions of service laid out for each Program.
3.2 We shall have the right to make any changes to the Program which are necessary to comply with any applicable law or safety requirement which do not materially affect the nature or quality of the Program or which we consider desirable or appropriate in connection with the Program.
Charges and Payment
Appointment Reservations and Charges
5.1 When you enter or provide your card details your first payment will be taken right away.
5.2 Your card details will be stored securely and your card will be charged in full on the morning of your first appointment booked to begin the Program; OR your first monthly instalment of your agreed Payment Plan will be charged on the morning of your first appointment booked to begin the Program and thereafter on the same date monthly until the Charges have been paid in full.
5.3 We do not accept cash, cheques of BACS payments.
5.4 If you have any questions about providing us with your card details please call our Head Office on 01553 340245.
5.5 When initial appointments are offered they will be provisionally held for you for 24 hours, if we do not receive payment within this time frame we will offer the slot out to others.
5.6 If an appointment that is integral to the Program is cancelled without being rescheduled the Program becomes null and void and any Payment Plan in place will become null and void. Payment in full will be charged immediately to cover the cost of the whole program.
6.1 You may cancel the Agreement by notice in writing at any time up to 14 days prior to the Commencement Date. It is your responsibility to ensure and confirm that any notice of cancellation has been received by the Company and that you have received an acknowledgement of receipt from the Company. In the event of your cancelling the Agreement in accordance with clause 6.1 of this Agreement the Company will retain any deposit paid but the balance of the Charges shall not be payable by you.
6.2 In the event of your cancelling the Agreement other than in accordance with clause 6.1 any deposit or Charges paid will be retained by the Company.
6.3 In the event of your being unable to attend a Program on the dates you originally booked the Company will use reasonable endeavours to accommodate requests for transfers to alternative dates (or alternative programs) but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative program any deposit or Charges paid will be retained by the Company.
6.4 You may not continue to use or sell any portion of the Program, Product or Service in any way following your cancellation or you will be violating these terms and conditions.
7.1 Food is Glorious Limited is under no obligation to offer a transfer or refund any fees paid.
7.2 If any appointment is cancelled within less than 48 hours the full appointment fee will be charged. Details of which will be specified on the Contract for each program.
7.3 You have the right to cancel any Program with us within seven days of your Contract with us commencing and your future Payment Plan payments will be stopped. In this instance all materials must be returned to the Company and without being in receipt of these materials the Payment Plan will continue until materials are received. This does not affect your deposit Charge which will be retained by the Company.
7.4 All requests for cancellation/refund or transfer must be put in an email to Food is Glorious Limited email: email@example.com
7.5 We store credit card securely and cannot see your full card details.
7.6 Due to the digital nature of our Online Programs all Company digital/downloadable products are non-refundable. If you have any questions about Company programs, please email firstname.lastname@example.org before purchasing the Program.
7.7 Our commitment is to offer you up to date educational information connected to being IBS free, so that you can be better informed about how to support your own health and wellness.
8.1 We reserve the right in our sole discretion to refuse or terminate your access to the Program or any part of the Program at any time without notice.
8.2 In the event of cancellation or termination, you are no longer authorized to access the part of the Program affected by such cancellation or termination.
8.4 In the event of cancellation or termination, aside from clauses 6.1 and 7.3, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Program, Product, Service or our Website, private Facebook group page, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, Product or Service and all of the disclaimers and limitations of liabilities set forth in these terms and conditions, shall survive such termination of your access and apply in full force.
8.5 If you have any questions, please contact us at email@example.com
Sickness and Ill Health
9.1 If our performance of any of our obligations under the Contract is prevented or delayed due to sickness or ill health or the sickness or ill health of any of our employees, agents or subcontractors we shall inform you as soon as is reasonably practicable and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 9.1.
10.1 You must not use our Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. You may not use our Program, Product or Service, or any aspect related to it, in any of the following ways:
- a) For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity
- b) To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
- c) To cause annoyance, inconvenience or needless anxiety to anyone or anything
- d) To impersonate any third party or otherwise mislead as to the origin of your content
- e) To reproduce, duplicate, copy or resell any of our content in contravention with Information posted on this Website related to this
Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.
11.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
Intellectual Property Rights and Confidentiality
12.1 We have spent considerable time and costs in the development of our coaching and training systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to the Program and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in discussions, coaching and training sessions (the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, specifications, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of Program materials.
12.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by the Company and nothing in the Contract shall grant you any Intellectual Property Rights.
12.3 For the purposes of this clause 12, Intellectual Property Rights means all patents, copyright and related rights, rights in goodwill or to sue for passing off, unfair competition rights, moral rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
12.4 This clause 12 shall survive termination of the Contract.
13.1 We cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
13.2 We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or, misuse, to you or to any third party
Limitation of Liability
14.1 under no circumstances, including, but not limited to negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the program, including its materials or third-party materials made available through the site, even if we are advised beforehand of the possibility of such damages.
14.2 You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of this program
Materials. If you are dissatisfied with the program or these terms and conditions, your sole and exclusive remedy is to discontinue using the program and the website.
14.3 information provided through the program is provided “as is” without warranty of any kind. The company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
14.4 To the fullest extent permitted by law, we expressly exclude:
- a) All conditions, warranties and other terms, which might otherwise be implied by statute or common law;
- b) Any obligation of effectiveness or accuracy; and
- c) Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, including by your use or inability to use any information obtained on or through the Program, any websites linked to the Program, and any material posted on the Site, private Facebook group page, or in any other way through the Program by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however caused, even if foreseeable.
Information you are prohibited from Sharing with Others
15.1 You are forbidden from doing the following:
- a) You may not duplicate, share, or sell any information obtained in or through our Program with other participants for their personal, commercial or business use, whether or not it was known to you at the time that their intention was to use the Program in their own health or business
15.2 All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to us
16.1 By posting or submitting any material (including, without limitation, comments, photos and videos) to us via the Program, website, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.
16.2 In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, or screen name, as we deem appropriate.
16.3 You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
17.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents the Company from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
17.2 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
17.3 No failure or delay by the Company in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
17.4 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17.5 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Company.
17.6 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
18.1 While we endeavor to ensure that the information on this Program is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this Program, or to the products and prices described in it, at any time without notice. The material on this Program may be out of date, and we make no commitment to update such material.
18.2 The material on this Program is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Program on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Program.
18.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with these Programs in any way or in connection with the use, inability to use or the results of use of this Program, any websites linked to this Program or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to or your downloading of any material from this Program or any websites linked to these Program.
18.4 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of these Programs.
Governing Law & Jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. We do not warrant that materials/items for sale on the Program are appropriate or available for use outside the United Kingdom. If you access these Programs from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.