This document (the “Agreement”) is a legally binding agreement between you and F4Thoughts UK Ltd, trading under the name Food4Thoughts, a company registered in England and Wales under number 12705557 (“Food4Thoughts”) that governs your use of the online services associated with Food4Thoughts, including but not limited to, www.Food4thoughts.com and all associated subdomains (the “Website”),
Each time you use this website and each time you place an order for any of our products or services you are agreeing to the terms and conditions that appear below. Please read the following carefully. By proceeding with your use of the website and by ordering products from the website, you confirm your agreement to these terms and conditions.
- Welcome to our Terms and Conditions.
To avoid all misunderstandings, please read these terms and conditions carefully. These terms and conditions relate to your use of this website and any orders you place via the website. If you don’t agree to these terms and conditions please don’t access or use this website or place any order.
We may change, update or amend these terms and conditions from time to time. Any changes will take effect once they are posted on the website and your continued access or use of the website will imply your acceptance of the terms and conditions that apply at such time.
If you have any questions on these terms and conditions please contact us using the contact details set out in the section below.
You will be contacted with notification of your plan start date within two weeks of placing your order.
We offer a number of products and services, including the Food4Thoughts programmes (the “Our Plans”). The Programme we currently offer include the following Plans:
- the one month “Taster” where you will receive a 4 week personalised nutrition plan and a dedicated coach for the duration of the 4 weeks.
- (2) the three month “Booster, where you will receive a 12 week personalised nutrition plan and a dedicated coach for the duration of the 12 weeks.
(3) the six month “Goal-Crusher”, where you will where you will receive a 28 week personalised nutrition plan and a dedicated coach for the duration of the 28 weeks.
(4) the 12 month “Life Changer”, where you will receive a 52 week personalised nutrition plan and a dedicated coach for the duration of the 52 weeks.
(5) Our Longer Duration Plans offer better value based on the higher the commitment you can make. Please note however that by agreeing to a Pay Monthly Plan, you are making a commitment to pay for a minimum period and, subject to your statutory rights, you will not be able to terminate a Pay Monthly Plan early within this minimum period
- b) From time to time we may sell other products and services on this website
- The Programmes
(a) WE STRONGLY RECOMMEND THAT YOU SEEK MEDICAL ADVICE BEFORE STARTING ANY WEIGHT LOSS, DIET OR NUTRITIONAL PROGRAMME. THE INFORMATION PROVIDED BY US IS NOT MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT. YOU SHOULD NOT USE THE DIET PLANS WITHOUT FIRST OBTAINING YOUR OWN MEDICAL ADVICE IF YOU ARE UNDERWEIGHT, PREGNANT, BREASTFEEDING, UNDER 18 OR HAVE ANY MEDICAL CONDITION WHICH AFFECTS YOUR DIETARY REQUIREMENTS.
(d) Although we offer a 1 month, 3 month, 6 month and 12 month programme, from time to time we may also offer special promotional diet plans or memberships with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered programmes at any time.
(e) All our Pay Monthly Plans will automatically renew after the end of their minimum periods, in each case for successive 1 month rolling periods unless and until you terminate your contract with us before the next renewal date in accordance with section 9 below. All Pay Monthly Plans including the 1 Month Plan that is sold specifically as a repeat delivery plan shall automatically renew in accordance with section 9 below
- Order process
(a) For the steps you need to follow to place an order via this website for one of our Diet Plans, please see our Our Plans page
(b) Please take time to read and check your order at each page of the order process.
(c) After you place an order, via this website, this will constitute an offer by you to form a contract and is not binding until we accept that offer. Our acceptance of your order will take place as described below.
(d) In relation to any Food4Thoughts programmes, once you have placed an order via our website the contract between us will be formed once we despatch the plan to you. We may cancel any order or contract without liability if there has been any price error or other error on the website.
- Price and Payment
Prices for our Food4Thoughts programmes and any other products or services are quoted on our website and all prices are inclusive of VAT where applicable. Whilst every care has been taken to ensure the accuracy of the pricing information on the website, occasionally details are out of date. We will endeavour to verify prices as part of our sales order process.
(b) Taking payment
(i) In respect of the each Pay Monthly Plan, we will take payment of the first monthly payment and the applicable delivery costs for the first month of the plan at the time the order is placed. We will take the subsequent monthly payments for the remaining months of the plan at approximately 28 day intervals after the first payment date.
(ii) In respect of all other products and services the price will be taken from your payment method at the time you place your order.
(i) By starting a Pay Monthly Plan and providing or designating a payment method, you authorise us to charge you a monthly fee for each of the months in that plan (and any automatic or other renewal of that plan) at the then current rate, and any other charges (including delivery charges) you may incur in connection with the provision of the programme to your payment method .
- Your rights to cancel under the UK’s Consumer Contract Regulations
(ii) We reserve the right to adjust the pricing for our Food4Thoughts Plans or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your Diet Plans will take effect no earlier than 30 days following email notice to you and will not take effect for any Diet Plan that is currently being provided, although it may affect the next automatic renewal of such Diet Plan. Please note that in relation to any orders, the terms and conditions in place at the time the order was placed will continue to apply, subject to any changes in price for renewals of the plan.
(iii) The monthly fee for your Pay Monthly Plan will be billed at approximately 28 day intervals and you will be obliged to make payment for each month of the relevant Pay Monthly Plan (and any renewal thereof). We reserve the right to change the timing of our billing, including if your payment method has not successfully settled. Visit our website and click on the “View billing details” link on the “Your Account” page to see your next billing date.
(v) The methods of payment that are acceptable are detailed on the website. We reserve the right to cancel your Food4Thoughts Programme if payment is not received from you prior by your agreed renewal date.
- a) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Contract Regulations 2013”), you have the right to cancel your contract within a short time after the products are given to you under certain circumstances, as further explained in this section.
(b) If you purchase a Pay Monthly Plan you may cancel your contract within 14 days after the day you receive the first delivery of meals in the first month. If you purchase any other product from us, you may cancel your contract with us at any time up to 14 days after the day you receive the product.
(c) To exercise your rights to cancel the contract you must within the above time period, send us written notice of cancellation to the address set out in section 2 above or send us a completed Notice of Cancellation via post or email.
(e) If you cancel your contract in accordance with this section and you are entitled to a refund, we will issue your refund to you using the same method originally used by you to pay for your purchase unless we at our discretion have agreed to refund you using any other method. We will process the refund due to you within 14 days of the day we received the goods from you, less any deductions we are entitled to make.
(f) If you would like to downgrade your product selection (e.g. if you are on a 12, 6 , 3 or 1 Month Plan and you want to switch to a 1 Month Plan), then we may charge you an adjusting payment to reflect the cost of the plan you are switching to at its standard (non-promotional) rates
- Automatic renewals and terminating Pay Monthly Plans
(a) All Pay Monthly Plans including the 1 Month Plan that is sold specifically as a repeat delivery plan will, unless terminated in accordance with this section 5, automatically renew at the end of minimum period of that plan for successive rolling 1 month periods, unless and until terminated by you in accordance with this section 5.
(b) Please note that boxes will continue to be dispatched automatically and we will bill the monthly fee to your payment method on an on-going basis, until you contact us to terminate your Pay Monthly Plan in accordance with this section 5.
(c) It is not possible for you to terminate a Pay Monthly Plan before expiry of its initial minimum period. If you want to terminate your Pay Monthly Plan after expiry of the initial minimum period, you must follow the procedure below:
(1) You may cancel the next renewal of your Pay Monthly Plan at any time upon giving us at least 5 working days before the renewal date for your plan. Upon giving us such notice, your plan will terminate upon expiry of the final month of your plan and your plan will not be automatically renewed.
(2) For example, if you have a 3 Month Plan and you want it to terminate at the end of the initial minimum period of 3 months, you must give us your written notice to terminate at least 5 working days before the end of the third month. If you give us such notice, the plan will terminate at the end of the third month. If you do not give such notice, then the plan will be automatically renewed for another month and will continue to be so renewed until you give us 5 working days notice before the end of the month and the start of your next monthly renewal period. Once payment has been taken for a renewal period, it is not possible for you to cancel until the next month. On occasion, at our sole discretion, as a gesture of goodwill, we may allow a cancellation within the 5 working days notice period. If this situation occurs and payment has been made by the customer, Food4Thoughts will charge an administration fee for the processing of a refund. Furthermore, if products have been packed and/or dispatched a further handling fee will be applicable.
- Using our website
- a) You must be over 18 to use our website and purchase products, including the Food4thoughts programmes, via our website.
(b) Our website and service, and any content viewed through our service, are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, license to access the website and view the content on the website for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
(c) You agree to use our website, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these terms and conditions) content and information contained on or obtained from or through our website without express written permission from us.
(d) You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our service, including any software viruses or any other computer code, files or programs.
(e) Our website, including all content provided on the website and provided to you, is protected by copyright, trade secret or other intellectual property laws and treaties and is owned by us.
(f) We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback“), including responses to questionnaires or through postings to our website, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
(g) We may terminate or restrict your use of our website, without compensation or notice if you are, or if we reasonably believe that you are: (i) in violation of any of these terms and conditions; or (ii) engaged in illegal or improper use of the service.
- Limitations and exclusions of liability
(a) Nothing in the terms will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; or (c) limit or exclude any liability of a party in any way that is not permitted under applicable law.
(b) We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
(c) We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business contracts, commercial opportunities or goodwill.
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