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Client Agreement

 

Nutritional Therapy Descriptor

“Nutritional Therapy” is the application of nutrition science in the promotion of health, peak performance, and individual care. Nutritional therapy practitioners use a wide range of tools to assess and identify potential nutritional imbalances and understand how these may contribute to an individual's symptoms and health concerns. This approach allows them to work with individuals to address nutritional balance and help support the body towards maintaining health. Nutritional therapy is recognised as a complementary medicine and is relevant for individuals with chronic conditions, as well as those looking for support to enhance their health and wellbeing.

 

Practitioners consider each individual to be unique and recommend personalised nutrition and lifestyle programmes rather than a 'one size fits all' approach. Practitioners never recommend nutritional therapy as a replacement for medical advice and always refer any client with 'red flag' signs or symptoms to their medical professional. They will also frequently work alongside a medical professional and will communicate with other healthcare professionals involved in the client's care to explain any nutritional therapy programme that has been provided.

 

Terms and Conditions

November 2022

 

Client Agreement

By signing this Client Agreement, you irrevocably agree that Hummingbird Nutrition (the “Company” or “we” or “us”) approves your (the “Client”, “you”) application and accepts you as a client for Nutritional Therapy. This Agreement automatically becomes a binding contract between you and the Company and applies to your participation in the Service. By signing below, you are acknowledging you have read, agree to, and accept all of the terms and conditions contained in this Agreement.

 

Your attention is particularly drawn to clauses 5, 7 and 10.

 

1. These Terms

1.1 These are terms and conditions on which we will supply the Service to you.  

1.2 Please read these terms carefully before submitting an application to the Company.

1.3 In these terms and conditions, the definitions shall apply:

1.3.1 Penocch.io means the digital platform used by the Company to organise and coordinate the Services and to enable the Company to communicate with you;

1.3.2 Conditions means the terms and conditions set out in this document as amended from time to time;

1.3.3 Contract means the contract between us and you for the supply of the Services in accordance with these Conditions;

1.3.4 Consultation means the ongoing sessions with the Nutritional Therapist provided as part of the Services.

1.3.5 Group Services means online group support offered by the Company through the Penocch.io or it’s social media channels.

1.3.6 Online Services means pre-recorded self-learning courses accessible via a personalised log in provided by the Company.

1.3.7 Nutritional Therapist means the person employed or engaged by the Company to provide the Services;

1.3.8 Services means the provision of nutritional therapy, as described in the above descriptor and as agreed between us and you including but not limited to a Consultation (or an initial Consultation), a Wellness Check the Online Services and Group Services, as applicable.

1.3.9 Discovery Call means a 15-minute free session with the Nutritional Therapist to assess your needs and suitability of our services.

1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

2. The Company

2.1 The Company address is Hummingbird Nutrition, Secret Garden, Double Row, Seaton Delaval, NE25 0PP.

2.2 You can contact us by emailing us at lisa@hummingbirdnutrition.co.uk.

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or via Penocch.io.

 

3. The Contract

3.1 Any offer letter provided by us to you shall not be considered an offer or form part of our Contract with you. Our quotations remain valid for a period of 14 calendar days from the date of issue, unless otherwise stated.

3.2 Any application for the Services you place with us shall constitute your offer to request the Services in accordance with these terms and conditions. You are responsible for ensuring that the terms of your application and the details provided by you are complete and accurate.

3.3 The Company’s acceptance of your application will only take place when we email you to accept it or we confirm that we are able to provide you with the Service (which we will then confirm in writing), at which point the contract for Services shall come into existence between you and us.

3.4 If we are unable to accept your application, we will inform you of this as soon as possible and refund any fees which you may have paid in advance. We reserve the right to refuse access to any Service if at our absolute discretion, we consider that the health of the individual concerned may be endangered by the Service.

 

4. The Services

General

4.1 We offer a Discovery Call free of charge to all potential new clients. Subject to the completion of the Discovery Call, we will discuss the Services which may be more beneficial for you.

4.2 We will provide the Services as agreed between you and the Nutritional Therapist and set out in your Penocch.io profile.  We will use suitably qualified nutritional therapists to provide the Services and will provide the Services with due care, skill and ability following the standards of professional practice in Nutritional Therapy as set out by the General Naturopathic Council (GNC).

4.3 We will not provide any Services until we receive a declaration from you declaring any physical and/or medical limitations, which may affect your ability to participate in the Service. You assume all responsibility of checking with your medical practitioner, physiotherapist, or other health care professional for medical readiness prior to participating in any of the Services.

4.4 Standards of professional practice in nutritional therapy are governed by the Code and we shall ensure that any person who provides the Services on behalf of the Company shall be registered in accordance with the Code.

4.5 Any Consultation between you and our Nutritional Therapist which is conducted as part of the Services shall be conducted in privacy and confidence.

4.6 We may have to make changes to your Consultation or programme, or suspend the Services:

4.6.1 to deal with technical problems or make minor technical changes;

4.6.2 to reflect changes in relevant laws or regulatory requirements; or

4.6.3 to make minor improvements to the Services.

If we are required to make any other changes to the programme, we will notify you in advance.

4.7 Other than as set out in this clause 4, all warranties and representations are excluded to the fullest extent permitted by law. We do not guarantee any particular results.

Online Services

4.8 The Online Services will be made available to you upon your payment of the fee in accordance with clause 6.1.

4.9 In consideration of payment by you of the Online Service fee and you agreeing to abide by the terms of these Conditions, we will grant to you a non-exclusive, non-transferable licence to use the Online Services in the UK in accordance with these Conditions for a period of 1 year.

4.10 You may:

4.10.1 download and use the Online Services for your personal purposes only on one central processing unit; or

4.10.2 provided it is used at any one time on only one computer owned or leased by you, transfer the Online Services from one computer to another;

4.10.3 receive and use any free supplementary software code or update of the Online Services incorporating "patches" and corrections of errors as may be provided by us from time to time.

4.11 We may update or require you to update the Online Services, provided that the Online Services shall always match the description of it that we provided to you before you bought it.

4.12 You will have access to the Online Services for 1 year from the date which it is first made available to you and you will be able to access and complete each module in your own time.

4.13 Whilst we acknowledge that we have taken care in preparing the contents of the Online Services, we do not warrant that the information contained within the Online Services is accurate and complete and such information should not be relied upon as accurate or complete.

4.14 You acknowledge that the Online Services have not been created or tailored to meet your individual requirements.

4.15 We do not guarantee that access to and use of the Online Services will be uninterrupted or error-free. Access to the Online Services may be affected by your internet connection.

4.16 From time to time, we may suspend or restrict access to the Online Services in order to carry out repairs, maintenance or to introduce new facilities.

4.17 Mention of third-party products, services, and companies in the Online Services is for information purposes only and constitutes neither an endorsement nor a recommendation.

4.18 The information contained in the Online Services is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Online Services or the information, products, services, or related graphics contained in the Online Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Group Services

4.19 As part of our delivery of the Services, we will invite you to join our social media groups where we offer all our clients access to additional support and materials.

4.20 You agree to have your results anonymised and grant us the right to post such anonymised results within our social media groups. You can elect to opt-out of this option by notifying the Company either in writing, via email or via the social media messenger service.

4.21 We will not share any details within our social media groups or pages that will identify you or your nutritional programme unless agreed by you in writing prior.

4.22 Before granting access to the social media groups, you will be required to read and agree our social media rules that are in force from time to time. You will not have access to such Group Service until you agree to adhere to such rules.

4.23 We do not review or substantiate the information posted to the social media groups and therefore we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Group Services or the information, products, services, or related graphics contained in the Group Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

4.24 The Group Services will be available to all clients who engage us to provide the Services. Any information which is shared as part of the Group Services, including information in relation to the Company, the Services, other members or clients, is confidential and you shall not use, disclose or share such information with any third party.

 

5. Client acknowledgements and obligations

 

We request that all clients particularly note the following provisions contained in this clause 5.

5.1 You acknowledge and agree that:

5.1.1 the degree of benefit obtainable from nutritional therapy may vary between clients with similar health problems and following a similar nutritional therapy programme;

5.1.2 nutritional advice delivered as part of the Services will be tailored to support health conditions and/or health concerns identified and agreed upon between both parties;

5.1.3 Nutritional therapists are not permitted to diagnose or claim to treat medical conditions;

5.1.4 nutritional advice is not a substitute for professional medical advice and/or treatment;

5.1.5 you are obliged to inform us of any changes which may occur to your medical records, medication or health during the term of the Contract;

5.1.6 the Services are intended to encompass your requirements as much as possible. Whilst every effort is made to ensure the Services are both safe and effective, there is a risk of adverse outcomes from a nutritional protocol, and you acknowledge and agree that you are taking part in the Services of your own free will and are aware of the risks as stated by the Nutritional Therapist and/or the Company;

5.1.7 the advice or recommendations which you will receive from the Nutritional Therapist and/or the Company are not a substitute for medical advice from a qualified doctor;

5.1.8 the advice or recommendations which you will receive from the Nutritional Therapist and/or Company is personal and applies to you only. This same advice may be ineffective or even harmful when applied to other people with different backgrounds;

5.1.9 any changes in your diet and lifestyle may produce effects in your body, energy, health, and condition that are gradual in nature – not instantaneous;

5.1.10 the advice you shall receive will not be enough to achieve your nutrition or lifestyle goals unless you follow it diligently and commit to it fully;

5.1.11 we cannot guarantee a successful outcome of the Services, and although we will help you achieve your goals we do not warrant or represent that you will fully attain such goals due to factors outside of our control;

5.1.12 once you have completed a nutrition programme recommended by the Nutritional Therapist and/or the Company, the recommendations made during the programme may no longer be appropriate and no advice or recommendation shall be applicable after the termination date of the nutrition programme. If you choose to continue with the nutrition programme beyond termination, this is done so at your own risk.

5.2 In addition to the provisions of clause 5.1, you further understand and agree that:

5.2.1 you are responsible for contacting your GP about any health concerns you may have;

5.2.2 any information or guidance which the Company or Nutritional Therapist provide is not a substitute for the Consultation, diagnosis and/or medical treatment of your GP or healthcare provider;

5.2.3 you give permission for the Company and the Nutritional Therapist to contact your GP regarding any agreed aspect of your nutritional programme;

5.2.4 if you are receiving treatment from your GP, or any other medical provider, you should tell him/her about any nutritional strategy provided by the Nutritional Therapist;

5.2.5 you will tell the Nutritional Therapist about any medical diagnosis, medication, herbal medicine, or food supplements, which you taking as this may affect the nutritional programme.

5.3 Prior to any Consultation as part of the Services, you must submit all information as requested by the Company and/or the nutritional therapist via phone, email, in-person, or by any other means of communication as is reasonably necessary.

5.4 You warrant and represent that:

5.4.1 all information provided by you is true, accurate and up to date;

5.4.2 you will communicate to the Nutritional Therapist and the Company any changes in your medical prescriptions, medical records, herbal prescriptions, supplements, or treatments for the duration of the Services;

5.4.3 you must inform the Nutritional Therapist and the Company promptly if any of the new changes in diet or lifestyle start to cause you adverse effects.

5.5 Your registered GP remains your primary care physician and the appropriate contact in a health emergency.

If you are unclear about the agreed nutritional therapy protocol/food supplement doses/time period given by the nutritional therapist and/or the company, you should contact us promptly and not proceed until you have received clarification.

 

6. Fees, Payment & Bookings

6.1 The fees for the Services are detailed in the offer letter which is provided to you after your Discovery Call or as set out in your Penocch.io profile. The fees are exclusive of VAT which we shall charge at the current rate. If the rate of VAT changes between your order date and the date we supply the Service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

6.2 Following your Discovery Call, You will be required to pay the full fee for the service within 48 hours of booking initial Consultation with the Nutritional Therapist.

6.3 The fees for the Services must be paid for in advance. You may make payment in full in advance by BACS or direct debit or via the Penocch.io, as agreed with the Company.

6.4 No Consultation, timeslot or position is reserved until payment is received.

6.5 For any package bookings (for example, 5 or 12 week advance bookings of a nutritional programme), the total amount is payable in advance.

6.6 You must pay all fees for the duration of your selected Service, regardless of whether you attend or fail to complete the Service.

6.7 We may charge additional sums if you don't do preparatory work to prepare for the Services, as agreed with us.

6.8 All payments must be made in a timely manner. If you do not make any payment due to us by the due date we may:

6.8.1 suspend the Services until such payment is made; or

6.8.2 charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6.9 All Consultations must be booked at least 48 hours in advance directly between you and the Company or via the Penocch.io booking system. No Consultation shall be considered booked until you receive written confirmation via the Penocch.io or via email to you.

6.10 For bookings less than 48 hours’ in advance, the Company may charge an additional fee.

6.11 Upon termination of the Contract for any reason, you shall immediately pay unpaid fees which are due for Services provided.

 

7. Refund, Reschedule and Cancellation Policy

 

7.1 For most of our Services bought online, you have a 14 days after the date we confirm your order to change your mind about the Contract, but if you cancel the Contract before the Services have been fully performed, you agree that you will pay for the supply of the Service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract, however we will retain 70% of the total service cost if cancellation is made after the Initial Consultation has taken place.  This is due to the amount of research carried out from the Health Questionnaire and the Initial Consultation to produce your bespoke Nutrition Plan.

7.2 If you change your mind, contact our customer service team lisa@hummingbirdnutrition.co.uk. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

7.3 Cancellations of any of the booked Services are accepted up to 48 hours in advance, and substitute Consultations may be booked (subject to availability). If you have booked a package programme, all substitute Consultations must be booked before the expiry of such programme and within 1 year of commencement of the first consultation. Alternatively, we will refund the fees for that cancelled Consultation.

7.4 Cancellation with less than 48-hours but more than 24-hours’ notice will receive a 50% refund of the amount paid for the cancelled Service. If you have booked a package programme, cancellation with more than 48 hours notice shall be free of charge, save that all substitute Consultations must be booked in accordance with clause 7.3.

7.5 Cancellations within 23 hours of the booked Service is forfeited. If you are unable to attend a Consultation due to circumstances out of your control the Company will determine on a case-by-case basis whether a Consultation credit may be offered. Additional evidence may be requested (e.g., a Medical Letter, evidence of flight delay etc). No refunds will be offered for any cancellation less than 23 hours prior to the Consultation.

7.6 Cancellations must be made by phone call, email or via the Penocch.io messenger service.

Any rescheduled Consultations as a result of a cancellation may be delayed by several weeks depending on the nutritional therapist’s availability.

7.7 We contact you in advance to tell you we're suspending service unless the problem is urgent or an emergency. If we suspend the service for longer than 48 hours we adjust the price so you don't pay for any part of the Service that was due to be provided during such time. 

7.8 There may be occasions where we stop providing a Service or cancel a Consultation. We let you know at least 48 hours in advance and we refund any sums you've paid in advance for Services which won't be provided or re-schedule the Consultation for a mutually agreeable time.

7.9 We can end our Contract with you for a Service and claim any compensation due to us if:

7.9.1 you don't make any payment to us when it's due and you still don't make payment within 14 calendar days of our reminding you that payment is due;

7.9.2 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Service.

7.10 If our supply of your Service is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can end the contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.

7.11 If you breach any of your obligations in clause 4.10, 5, 8 or 9, we will be entitled to suspend and/or terminate your access to the Services, including suspension to the Online Services and Group Services, at our sole discretion.

7.12 In the event of a suspension, or termination, in accordance with clause 7.11, you will not be entitled to a refund of fees paid.

8. Data Protection

 

8.1 How we use any personal data you give us is set out in our Privacy Notice available at: www.hummingbirdnutrition.co.uk . Please read this before signing the Contract.

8.2 The Company is registered with ICO, the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

8.3 All Client data is kept on file for 7 years unless you are under 18 in which case it will be kept for 7 years from the date you reach 18 and the client has the right to request access until that time. All documents shared via the Penocch.io are secured in accordance with GDPR requirements. Sending documents via email does not guarantee security and is done so at the Client’s risk.

8.4 If required, the information you share with your nutritional therapist may be shared with your GP to assist in appropriate investigations and/or to make them aware of your health. It is a requirement, by the nutritional therapists’ regulators (ANP, GNC), to make GPs aware of any symptoms considered a red flag. If you do not accept this we will not be able to continue with this Agreement. Your information may be shared with third-party healthcare providers, including supplement companies and testing companies, as we support you with nutritional therapy.

 

9. Confidentiality and Intellectual Property

9.1 All content, materials and information provided to you (including but not limited to exercise or eating plans) by the Company or the Nutritional Therapist as part of the Services, and intellectual property rights within the same (Company Material), are confidential and the Company shall retain all right, title and interest in and to the same and shall belong exclusively to the Company. This includes, without limitation, trademarks, database rights, copyright, rights in designs, rights in know-how, confidential information, patents and rights in inventions, and any right or form of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world registered or unregistered.

9.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content, materials or information that we use in the Consultations.

9.3 The Company grants to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Consultations for your personal use for the purposes for which the Consultations were provided only.

9.4 You acknowledge that rights in the Company Material are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Company Material or documentation other than the right to use the Company Material in accordance with these Conditions.

9.5 You may not without prior written consent of the Company and the Nutritional Therapist make any audio or visual recordings of all or any part of the Consultations.

9.6 Except as expressly set out in these Conditions or as permitted by any local law, you undertake:

9.6.1 not to copy or replicate the Online Services in any way;

9.6.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the e-Learning nor permit the Online Services or any part of it to be combined with, or become incorporated in, any other programs;

9.6.3 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Online Services nor attempt to do any such things;

9.6.4 frame the Online Services without our prior written consent;

9.6.5 not disclose or communicate details of the Online Services to any third party without our written consent;

9.6.6 to keep all copies of the Online Services secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Online Services;

9.6.7 to include our copyright notice on all entire and partial copies of the Online Services in any form;

9.6.8 not to provide, or otherwise make available, the Online Services in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;

9.6.9 to comply with all applicable technology control or export laws and regulations; and

9.6.10 [to only access the Online Services through the Penocch.io.]

10. Limitation on Liability

10.1 Nothing in these Conditions shall limit the Company’s liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

10.2 You expressly assume all risks of taking part in the Consultations, including but not limited to the risks of trying new foods, supplements, exercises and making lifestyle changes.

10.3 Due to the nature of Nutritional Therapy and lifestyle medicine, we do not guarantee any particular results. The degree of benefit obtainable from the programme may vary between clients with similar health problems and following a similar health programme. As with any endeavour, success is dependent on many factors, most notably your personal motivation, commitment and openness to following the programme.

10.4 We shall not be liable for any unforeseeable or business losses. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.5 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay. 

10.6 The provisions of this clause 10 shall survive termination of this agreement.

 

11. Entire agreement 

You acknowledge and agree that the Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services.

 

12. Variation

No variation of the Contract shall be valid unless it is in writing and signed by or on behalf of each of us.

 

13. Assignment

You agree that the Contract for Service is non-transferable and that the Services are only available to the Client who has signed up to the Service and signed this Contract.

 

14. Counterparts

The Contract may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

 

15. Third party rights

A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to the Contract.

 

16. Governing law and jurisdiction

The 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. 

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

 

 

 

I hereby acknowledge and accept the above terms and conditions.

​________________________________________

Date: ______________________

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