TERMS AND CONDITIONS FOR THE SUPPLY OF NUTRITIONAL ADVISORY SERVICES BY THE KETO PRO LTD
- DEFINITIONS AND INTERPRETATION
1.1. In these terms and conditions the following definitions apply unless otherwise stated:
‘Client’ means the individual who purchases Services from the Company and whose details are set out in the Order.
‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, 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.
‘Company’ means The Keto Pro Ltd a company incorporated in England and Wales under company number 10575771 whose registered office is at 5 Chapel Close, Blackwell, Alfreton, DE55 5BL, trading as The Keto Pro.
‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) 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.
‘Order’ means the order placed by the Client through accepting the Terms and making a payment.
‘Services’ means the services the Company will provide to the Client as specified in the Plan.
‘Plan’ means the description or specification of the Services in the Order.
‘Terms’ means these terms and conditions as updated from time to time by the Company.
1.2. Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these Conditions use words which denote a particular gender, they shall be also read to include all genders and vice versa.
1.3. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
1.4. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
2.1. Starting a Plan
The Client can only enter into a plan once that they have signed the terms and conditions, completed and signed the medical questionnaire and disclaimer, and made the first month’s payment upfront. The Company reserves the right to refuse to provide a subscription based on the information gathered as part of this process.
2.2. Plan period
A Plan with the Company has a minimum contract term of 30 days. This begins on the date specified in writing at the beginning of the Plan with the Company until 30 days after notice has been given.
2.3. Altering your subscription
A Client can change their subscription to include one of the other packages that the Company provides at the end of a 30 day Plan cycle. Confirmation must be provided in writing a minimum of 7 calendar days in advance of a new calendar month’s service beginning.
Payment is made by either recurring Paypal payment or by GoCardless Direct Debit.
If a Client does not pay the initial fee, then service will not commence. Likewise, if the monthly payment schedules are not met, then the service will be stopped until such a point in which the account is settled.
4.1 Cancellation by the Client
Notice to end the Plan must be provided in writing by the subscriber. The notice must be provided a minimum of 7 calendar days before the beginning of a new calendar month’s service. If not, then the Client will be billed for the following month’s service.
4.2 Cancellation by Company
The Company reserves the right to terminate the services provided at their discretion with 7 calendar days of notice. Such situations that will result in services being terminated include, but are not limited to: unpaid invoice, lack of engagement with the programme, and lack of commitment to sticking to meal plans.
- Money back guarantee
The money back guarantee is available on the In Your Face and Ultimate Accountability Plans. The money back guarantee is not available for subscribers to the Digital Native package. Clients wishing to make a claim against this guarantee must do so within the first 30 days of service. This claim must be made in writing. A successful claim will result in the full value of the initial payment being refunded in full to the Client. The Company reserves the right to reject a claim for the first month’s fees for reasons including, but not limited to: lack of engagement in the programme, missed meetings or appointments and the subscriber not sticking to the designated meal plans.
- General information and exclusions
All of the information provided in and throughout a subscription and offered by the Company is intended solely for general information and should not be relied upon for any particular diagnosis, treatment or care. This is not a substitute for medical advice or treatment. This website and its subscriptions are only for general information purposes. It is strongly encouraged that individuals and their families consult with qualified medical professionals for treatment and related advice on individual cases before beginning any diet. Decisions relating to the prevention, detection and treatment of all health issues should be made only after discussing the risks and benefits with your GP, taking into account your personal medical history, your current situation and your future health risks and concerns. If you are pregnant, nursing, on medication, diabetic, have a medical condition or are beginning a health or weight control programme, consult your GP before using products or services discussed by the Company and before making any other dietary changes. The Company cannot guarantee that the information contained on this site is safe for everyone. The Company disclaims any liability, loss or damage caused by the contents, either directly or consequentially. Products, services and methods discussed on the Company website at www.theketo.pro, or in the materials sent out as party of a subscription, are not intended to diagnose, treat, cure or prevent any disease.
Subscribers and those using the Company website for information purposes agree to defend, indemnify and hold harmless the Company, its contributors, any entity jointly created by them, their respective affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of this course.
- Disclaimer of liability
The Company nor its contributors shall be held liable for any use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall The Company website or its contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including but not limited to procurement of substitute goods or services, loss of use, data, or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this material, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortious behaviour, negligence or any other causes of action, including but not limited to damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and/or theft, destruction or unauthorised access to, alteration of, or use of any record.
- Governing Law
The Company has been created from its place of business is Alfreton, UK. The Company makes no representation that the information in the course is appropriate or available for use in other locations. Access to the proper course from territories where the contents of the course may be illegal is prohibited. Those who choose to access this course from other locations do so at their own initiative and are responsible for compliance with applicable local laws. This agreement shall be governed by and interpreted in accordance with the law of England and Wales and EU law.