Terms & Conditions

These terms and conditions were last updated on : 13/09/24 

1. Who we are 
1.1 We are A New Habit Ltd trading as “Francis Diet”. Our company information is at the end of this document (“Us”). 

2. What this is all about
These are our terms and conditions which apply to our Service (explained below)where you are purchasing as a consumer (i.e. for private use and not for resale or as part of a business activity). Please read the entire document carefully as they affect your rights and liabilities and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section incapitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

3. Some definitions

4. THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT 

• “Content” - all information of whatever kind (including information packs and WhatsApp and other communications) displayed, stored or sent in any format, on any media digital or otherwise, or by any technology in connection withour Service.

• “Service” – our diet/training plan service and any related services.

• “Subscription” – a set period of time  during which you are permitted to use the Service. 

• “User” - people using our Service (whether or not registered with us).

5. IMPORTANT WARNING

HERE IS SOME CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START

5.1 We are not doctors or medical practitioners. Our Service is not intended to diagnose, prevent, or treat any medical condition, to ascertain the state of your health, or to be used as a substitute for medical advice and we make no promise that the Service provides therapeutic benefit or that any particular “wellness” objective will be achieved.  You agree that you will not rely on any advice or statements by us relating to your health and that you will immediately consult a qualified health professional if you have any concerns about your health.

5.2 You agree that you have answered, or will answer, all health questions carefully and truthfully and to comply with any related requirements or suggestions. If medical advice is requested or suggested, you agree to get that advice before starting our Service and to follow that advice. If your condition changes or you have any concerns about your health, you must take medical advice before continuing to use our Serviceand you will ensure that any details provided by you to us will at all times be correct, complete and up to date..

6. How you enter a legal contract with us 

THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

6.1 You accept these terms and conditions when you submit a request for the Service to be provided to you by us.

6.2 We reserve the right in our discretion for any lawful reason to refuse any request to use our Service or cancel an Subscription to the Service with immediate effect if you breach (and/ or we reasonably suspect you have breached) these terms and conditions which includes but is not limited to failing to adhere to a nutrition or exercise programme provided to you by us. .

6.3 You acknowledge that you have not relied on any statement promise or representation made or given by ourselves or on our behalf. These conditions apply to the contract to the exclusion of other terms that you try to impose or incorporate or which are implied by a trade, custom, practice or course of dealing. 

7. Suspending your Subscription to the Service 

8.  

8.1 At any time after the 3 months from the start of your Subscription to the Service you may suspend the Subscription once, for a single period of between two and six monthswithin any twelve-month period. If you do not get back in touch with us to restart your programme, this is seen to be you forfeiting your remaining time. 

9.  

9.1 If you want to suspend your Subscription you will need to let us know by email sent to [EMAIL ADDRESS] with details including, but not limited to, the start date of the suspension and the number of months you want the Subscription to be suspended for(Suspension Period). 

9.2 The suspension will take effect from the first day of the month following the date we received your request and you must make sure that we have received the Subscriptionsuspension request as the suspension will not take effect until we have received the request. We will confirm by email that we have received the Subscription suspension request and the date when the suspension will begin. If you have not received thisemail confirmation from us within 10 days of sending the request to us, you must let us know. 

9.3 You will not have access to the Service while your Subscription is suspended. If you access the Service during the suspension period your Subscription will immediately re-start. 

9.4 You can suspend your Subscription if you are suffering from a medical condition which means you are unable to use the Service (this does not include pregnancy but does include a medical condition that arises during pregnancy). You must give us evidence of the medical condition. The suspension for medical reasons will take effect from the first day of the month following the date we receive your request and your evidence. Throughout the time your Subscription is suspended due to such medical condition there will be no monthly fee.

9.5 Your Subscription will automatically restart at the end of the suspension period. If the suspension form does not say how long the suspension is to last your Subscription will automatically restart after nine months. 

9.6 Suspending your Subscription is not the same as ending your Subscription. The way your Subscription can be ended  by you is set out   in clause 7. 

10.  

11.  

12. Consumer legal right to change your mind.

IN SHORT: YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND 

12.1 You have a legal right to change your mind about your purchase of our service and receive a refund of what you paid for it subject to the condition set out below in clause 7.2 . 

12.2 When you can’t change your mind. You can’t change your mind about an order for services once these have been completed, an order for digital products once you have started to download or stream them or for goods which are custom-made and clearly personalised. You have agreed that the supply of the Service and the custom-made digital and personalised content began before the end of cancellation period and you have agreed that you will not have the legal right to cancel in such case.

HOW TO LET US KNOW. To let us know you want to change your mind contact our Customer Services Team :[link to or website address for customer services team page] or complete the  Cancellation Form found here [INCLUDE LINK TO ONLINE FORM] , print it out and post it to us at our address or email it to us at [EMAIL ADDRESS FOR CANCELLATION]. 

13. Changing these terms and conditions

14. IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

14.1 We may change these terms and conditions at any time. We will give you reasonable notice before they take effect and an option to terminate by posting them on our website and/or communicating them to you by email or otherwise. You will be bound by the new terms if you renew your plan after they have taken effect. Your continued use of the Services will count as your acceptance of any changes made to the terms.

15. Your right to use our Service

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

15.1 You must not use, or try to use, our Service if you are below 18 years of age. By using the Service and agreeing to these terms and conditions you confirm that you are at least 18 years of age. 

16. Standard of Service

17. THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU

18.  

18.1 Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

19. Using our Service

THIS SECTION TELLS YOU ABOUT OUR RULES AND OTHER REQUIREMENTS TO USE OUR SERVICE INCLUDING COMPLYING WITH TIMESCALES AND WHAT HAPPENS IF NOT

19.1 If you fail to comply with these terms, including any of the following, we are entitled to delay, suspend or end our Service with immediate effect and without refund.

19.2 You agree to comply with our Rules of Service included in our Welcome Pack or otherwise provided to you as well as with our other requirements that we tell you about from time to time.

19.3 You agree to comply with all the timescales (including payment/information supply/check-ins) applicable to our Service. The timescales include the following (unless we say different in our Welcome Pack or otherwise):

• payment/TCs acceptance within 48 hours of receiving our Welcome Pack; and

• other information requested (e.g. questionnaire, photos, other WhatsApp messages) within 14 days of receiving our Welcome Pack.

19.4 You are responsible for telling us your plan start date.

19.5 You agree to provide prompt and reasonable cooperation in relation to our Service.

19.6 You agree to behave in a reasonable and civilised manner and not engage in any abusive, aggressive, threatening or other inappropriate behaviour.

19.7 You may post reviews, comments, other content and communications as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. 

19.8 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are anyimportant changes. 

19.9 We can stop providing a Service or a product such as an ongoing Service or a Subscription for digital content and goods. We will let you know at least 1 month  in advance and we will refund any sums you’ve paid in advance for products which will not be provided. 

20. Paying us 

THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS

20.1 Payment for our Service is in advance. The prices shown include any applicable VAT or other sales tax.

You must make payment within 48 hours of receiving our Welcome Pack (or any alternative timeframe we specify). If payment is not received within 48 hours or the specified timeframe you will lose your requested onboarding start date and only once payment has been made we will confirm in writing the next available onboarding date which is available to you.

20.2 If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

20.3 We may at any time change our renewal prices. If so, any renewal of our Service after that date will be at the new price. 

20.4 You must contact us immediately with full details if you dispute any payment. 

21. Support 

THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE

21.1 The Service includes support only if we opt to provide support and, if so, by the specified contact methods.

21.2 Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated inEnglish business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time and we give you as much notice as possible.

21.3 In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

22. Ending or suspending this contract

23. THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

23.1 You are entitled to end this contract and your Subscription at any time by emailing us at the address shown below. We do not offer any refunds as this is a custom-made Subscription Service and personalised product. 

23.2 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

• any fees payable by you are unpaid or charged back; 

• acting reasonably, we think that it is necessary to protect you, us or others; 

• we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or

• you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.

• you or anyone on your behalf publishes by any method including but not limited to a digital platform or media, any content which is in our sole opinion  illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. 

23.3 If this contract ends: 

• Your right to use our Service are terminated. 

• Existing rights and liabilities are unaffected. 

• All terms in this contract that are stated or intended to continue after termination will continue to apply. 

24. Our guidance

IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK

24.1 If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. You rely on such information at your own risk.

25. If our Service doesn’t work properly

IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE

25.1 We do not guarantee that the Service will be uninterrupted or error-free.

26. Restrictions on our legal responsibility – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

26.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. 

26.2 Subject to the above we shall not be liable for any loss or damage where:

• there is no breach of a legal duty owed to you by us;

• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 

• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or

• such loss or damage relates to a business of yours

• any loss or damage arising out of events beyond our reasonable control.

26.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

27. Intellectual property rights (IP)

THIS SECTION CONFIRMS THAT WE REMAIN OWNER OF COPYRIGHT AND OTHER IP RIGHTS IN OUR CONTENT AND SETS OUT HOW WE ALLOW YOU TO USE THE CONTENT

27.1 We and own the IP in all Content used that we use on or in connection with our Service(including but not limited to information packs and Welcome Packs).

27.2 You may view our Content on your device and print it out for your private personal, non-commercial use only. You must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission.  You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

28. Your personal information

IN SHORT: OUR PRIVACY POLICY APPLIES

28.1 You agree that we can deal with your personal information in accordance with our Privacy Policy https://www.canva.com/design/DAGJPF6Vw8w/4jHQ04XV0S56-fPWUoIQBg/edit?utm_content=DAGJPF6Vw8w&utm_campaign=designshare&utm_medium=link2&utm_source=sharebutton which may change from time to time.

29.  

30. Things we can’t control

IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

30.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

31. Transferring this contract to someone else

IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

31.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

32. English law and courts   

IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES

32.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.

33. General 

HERE ARE SOME GENERAL BUT IMPORTANT POINTS THAT APPLY

33.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforceit unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

34. OPTIONS FOR RESOLVING DISPUTES WITH US 

34.1 Our complaints policy : Our Customer Services Team [ADDRESS ] will do their best to resolve any problems you have with us or our Service or products as per our Complaints Policy [link to complaints policy, website address for it or information about where to access it e.g. in a brochure/ in a handbook]If you have any complaints, please contact us via the contact details shown below. 

35. Information about us

35.1 Company name: A New Habit Ltd

35.2 Trading name: “Francis Diet”

35.3 Country of incorporation: England and Wales

35.4 Registered number: 14600298

35.5 Registered and contact office: 20-22 Wenlock Road, London, England, N1 7GU

35.6 Contact email address: fdlegalteam@outlook.com

35.7 Other contact information: See our website/contact page