Terms and Conditions for the Supply of
Information, Goods and Services through the Fleur Brown
Nutrition Website
All parts of these Terms and Conditions apply at all times
as appropriate to the Fleur Brown Nutrition website and
clinic, and you should fmiliarise yourself with all of
them.
However these Terms and Conditions do not affect your
statutory rights.
Part 1. The information
we think is most important to you
a) Some Key Points
1. Our aim is to provide independent, impartial and authoritative
advice direct to you, which is entirely safe.
2. Nutritional Therapy is the application of nutrition
science in the promotion of optimum health, peak performance,
disease prevention and patient care.
3. Nutritional Therapy aims to correct the underlying
biochemical imbalances (hormonal imbalances, vitamin and
mineral excesses or deficiencies caused by improper diet
and nutrition, and/or impaired digestion and absorption
and poor gut ecology) that may be affecting an individual’s
health and so improve health and vitality.
4. The degree of benefit obtainable from Nutritional Therapy
may vary between clients with similar health problems
and following a similar Nutritional Therapy programme.
5. Please read the Health Notes below.
6. We are committed to protecting your privacy and security.
All personal information will be treated with the strictest
confidence by Fleur Brown Nutrition and will never be
shared or passed onto another organisation without your
permission, except for contact and transactional details
for delivery or payment purposes. The Fleur Brown Nutrition
website complies with The Distance Selling Directive and
The Data Protection Act.
7. We will hold your data but will only use it in relation
to the goods and services you have requested and to occasionally
advise you of information, products or services from us
that we believe you might find of value.
8. The Terms and Conditions apply equally as appropriate
to information, goods and services provided by either
Fleur Brown Nutrition and Fleur Brown however described.
b) Health Notes
1. Nutritional Therapy is not a substitute for professional
medical advice and/or treatment.
2. If you suffer from a chronic or serious health problem,
you are advised to have a face-to-face or telephone consultation
for a full nutritional programme.
3. No responsibility can be accepted in cases where diagnosed
medical conditions have been omitted or medication details
have not been fully disclosed in writing on any Fleur
Brown Nutrition Questionnaire, prior to advice and recommendations
being given.
4. You are responsible for consulting your G.P. about
any health concerns. Do not cease conventional treatment
or medication for any reason without consulting a doctor.
5. You should advise your G.P. that you are undertaking
a Nutritional Therapy programme for any conditions you
have raised with your G.P. or with us during your consultations.
6. If you are receiving treatment from your G.P. or any
other medical provider for any conditions you disclose
on any Fleur Brown Nutrition Questionnaire or during your
consultations, or for any other conditions, you should
tell your G.P. about the Nutritional Therapy programme
provided by us. This is advisable because of any possible
reactions between medication prescribed by your medical
provider and nutritional programmes.
7. You must inform us about all medical diagnoses, medication,
herbal or homeopathic medication and food supplements
you are taking as this may affect the nutritional programme
I devise for you.
8. No responsibility will be accepted in cases where diagnosed
medical conditions or details of other therapies have
been omitted or medication or other treatments or supplements
have not been fully disclosed in writing prior to my advice
and recommendations have been given.
Part
2. Detailed Terms and Conditions
a) General
1. By accessing any part of the Fleur Brown Nutrition
site or participating in a consultation with Fleur Brown
Nutrition you agree to be bound by these Terms and Conditions.
2. These Terms and Conditions are to be governed by the
laws of England and any disputes will be decided only
by the English courts.
3. Fleur Brown Nutrition will not be responsible for any
breach of these Terms and Conditions caused by circumstances
beyond its control.
4. We may update these Terms and Conditions from time
to time. You should periodically review them for changes.
Use of the Fleur Brown Nutrition website after the date
on which any changes come into effect, indicates your
agreement to the new Terms and Conditions.
b) Privacy and Confidentiality
You acknowledge and agree to be bound by the terms of
our privacy policy.
Fleur Brown Nutrition is committed to protecting your
privacy. It's very important to us and we respect
anyone's concerns about maintaining it. We are committed
to protecting your personal privacy and any details provided
by you will be kept secure and confidential, in accordance
with UK data protection law.
This statement tells you how and why we use your information.
1. We only collect the minimum amount of information about
you to help serve you better.
2. Cookies: We do not currently use any cookies but we
may do in the future. A cookie is a very small text file
that may be placed on your hard drive by the server of
a web page you visit. It is an individual label, which
identifies you as a visitor - it cannot deliver viruses.
Some of our cookies may be generated automatically by
the software we used to create parts of the site. Others
are simply used to save time by automatically filling
in any forms that you have already filled in. If you want
to change any details you can simply type over any text.
In the future, we may use cookie files to help personalise
the site and help you experience it in the way that suits
you best.
3. Fleur Brown Nutrition may gather the following information
in aggregate for: browser type (eg. Internet Explorer,
Apple Safari, Netscape Navigator, FireFox etc), operating
system (eg. Windows, MacOS X, Linux), IP address, and
Internet domain (eg. BT, Tiscali, Demon, AOL). This is
to provide numbers of people visiting the site.
4. Certain portions of this site may in the future require
you to register before you can access them. We will use
the information you provide to fulfil your enquiry. Registration
would be entirely voluntary. However if you do not wish
to register, you will be unable to access these restricted
areas.
5. Links to Fleur Brown Nutrition: Fleur Brown Nutrition
is not responsible for the privacy practices or the content
of any other websites linked to this site. If you have
followed a link from the Site to another website you may
be supplying information to a third party yourself.
6. Data protection: Fleur Brown Nutrition does not sell,
trade or rent your personal information to others. This
information will not be disclosed to any third party without
your consent unless required by law. The Data Protection
Act allows you to have access to information held about
you and, where appropriate, to have it corrected or deleted.
There is a maximum charge of £10 for providing a
copy. Visitors to our website responding to advertisements
should satisfy themselves that they know how their personal
information will be used.
7. We will uphold strict security procedures for the storage
and use of any personal information and describe below
the personal information we may collect about you, the
purposes we might believe it advantageous to yourself
for us to use it and the people whom we might disclose
it to. Physical documents will be kept under lock and
key.
8. Should you register on our site for any member areas
or newsletter we will ask for your name, your e-mail address
and a password. This will enable us to send you information,
which we think you will find of benefit, including regular
e-mail Newsletters, updates and any special offers. When
any orders are placed with us or any affiliated partner
featured on our site we will also need to know your delivery
and invoice address, credit or debit card details.
9. We may provide some of this information to our partners
for the purposes of completing or looking into a transaction
with you.
10. We may use information of your previous habits and
purchases to inform you of information, products and services
that we think would be appropriate to you.
11. We may however disclose the most basic information
about you to a third party for other limited purposes,
such as payment or delivery processes.
12. Should you not wish to receive any e-mail, newsletters
or other information please e-mail us.
13. If at a later stage, you become a registered user
of the Fleur Brown Nutrition website you may be asked
register and create a password. If so, you must keep this
password confidential and must not disclose it or share
it with anyone. You will be responsible for all activities
that occur under your password. If you know or suspect
that someone else knows your password you should notify
us by e-mail or telephone immediately.
14. If we believe there is likely to be a breach of security
or misuse of registration information, we may require
you to change your password or we may suspend your usage.
c) The Contract Between Us
1. Complete payment of the price for the goods, services
and delivery charges that you order must be made before
your order can be accepted. Once payment has been received
we will confirm that your order has been accepted by sending
an e-mail to you at the e-mail address you provide. This
creates a legally binding contract between us.
2. Only adults (those aged 18 or more) may transact through
this site. Any other individuals are prohibited from ordering
goods using this site.
3. We shall not be liable for any telephone or other costs
that you may incur to use our website.
4. Anyone who is not a party to these Terms and Conditions
shall have no right under the Contract (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and
Conditions.
5. We reserve the right to cancel the contract between
us if we have insufficient stock of the goods you have
ordered; we do not deliver to your area; or if any of
the goods you ordered was listed at an incorrect price
due to a typographical error or an error in the pricing
information received by us from our suppliers.
6. If we do cancel your contract we will notify you by
e-mail and will re-credit to your account any sum deducted
by us from your credit card as soon as possible but in
any event within 30 days of your order. We will not be
obliged to offer any additional compensation for disappointment
suffered.
7. Fleur Brown Nutrition may suspend or cancel your usage
immediately at our reasonable discretion or if you breach
any of your obligations under these Terms and Conditions.
8. Nothing said by any person on our behalf should be
understood as a variation of these Terms and Conditions.
We shall have no liability for any such representation
being untrue or misleading.
d) Payment, Pricing and Delivery
1. We will always seek to act quickly, responsibly,
reasonably and amicably in these and other matters.
2. On-line payment is currently via PayPal and their
standard Terms and Conditions apply. There are no charges
to the purchaser. We may change the payment system without
notice.
3. Prices are expressed inclusive of any VAT payable.
4. Any reduction or increase in price will take effect
on your next usage following notification or posting
on our website or other materials.
5. We will deliver the goods ordered by you as soon
as possible after your order is accepted to the address
you give us for delivery at the time you make your order.
6. We cannot guarantee that the delivery system will
necessarily perform as specified or be responsible for
carriers’ actions.
7. Once goods have been delivered to you they will be
held at your own risk and we will not be liable for
their loss, damage or destruction.
8. It is your responsibility to contact us within 10
working days if the goods ordered are not received;
or if the goods received are not what you ordered or
are damaged or defective, otherwise we shall have no
liability to you. If you notify a problem of incorrect,
damaged or defective goods we will make good any errors,
shortage or non-delivery and, at your option, for incorrect,
damaged or defective goods, replace or refund to you
the amount paid by you for the goods in question.
e) Intellectual Property
1. All rights reserved. No part of the Fleur Brown Nutrition
website or publications may be reproduced, stored in
a retrieval system, or transmitted in any form or by
any means, electronic, mechanical, photocopying, recording
or otherwise, without the prior written permission of
the copyright owner.
2. Fleur Brown Nutrition is the operator of www.fleurbrownnutrition.co.uk.
All content is copyrighted to Fleur Brown Nutrition
under the United Kingdom copyright laws. Trademarks,
product names and company names or logos on the site
are the property of their respective owners. No permission
is given by Fleur Brown Nutrition in respect of the
use of any such brand names, product names or titles
or copyrights and such use may constitute an infringement
of the owners' rights. When you download content,
you do not obtain any ownership interest in it.
3. You may retrieve and display the content of the Fleur
Brown Nutrition site on a computer screen, store it
in electronic form on disk or print a copy for your
own personal, non-commercial use, provided you keep
intact all and any copyright and proprietary notices.
4. Modification of the content or use of it for any
other purpose, including, use on any other website or
networked computer environment is strictly prohibited.
5. If you send information, software, images, mail,
text, questions, suggestions, messages, comments, feedback,
ideas, recipes, stories about yourself, or other materials
to Fleur Brown Nutrition they shall be deemed as, and
shall remain, the property of Fleur Brown Nutrition
and shall not be subject to any obligation of confidence
on the part of Fleur Brown Nutrition, and Fleur Brown
Nutrition shall be entitled to unrestricted use of these
materials without compensation and Fleur Brown Nutrition
shall not be liable for any use or disclosure. However,
we will always adhere to our privacy policy and never
name you or pass on your clinical details without you
express permission, additionally we will always seek
to ask your permission before use of any materials.
f) Liabilities
1. You must bear the risks associated with the use of
the Internet, Fleur Brown Nutrition will not be responsible
for any errors or omissions or for the results obtained
from the use of such information.
2. Fleur Brown Nutrition disclaims all liabilities in
connection with the incompatibility of the site with
any of your equipment, software or telecommunications
links; technical problems including errors or interruptions
of the Fleur Brown Nutrition site; unsuitability, unreliability,
inadequacy or inaccuracy of the site to meet your requirements.
3. We cannot guarantee uninterrupted access to the site
e.g. because of occasional restrictions for repairs,
maintenance or the introduction of new facilities or
services, or because of faults.
4. From time to time our site may also contain technical
inaccuracies or typographical errors, we will seek to
correct these as soon as possible but liability arising
from these is excluded to the fullest extent permitted
by law.
5. Part of the Fleur Brown Nutrition site may contain
links to other web sites carrying information, products
or services. Fleur Brown Nutrition is not responsible
for ensuring that this material is accurate or complies
with relevant laws and codes. Fleur Brown Nutrition
will not accept responsibility for content on retailer
sites on which the site is available.
6. Under no circumstances, including, but not limited
to negligence, shall Fleur Brown Nutrition, any directors
or employees be liable for any direct, indirect, special,
incidental or consequential damages, arising out of
the use of the site, consultations and other communications.
7. Fleur Brown Nutrition cannot be liable for the accuracy
or performance of health tests carried out by external
laboratories.
8. The limitation of liability applies to all damages
of any kind, including compensation, direct, indirect
or consequential damages, loss of data, income or profit,
loss of or damage to property and claims of third parties.
In any event, our liability to you shall not exceed
the price of the products or services in dispute.
9. We shall not be liable to you for any failure or
delay in delivering goods you have ordered or for any
damage or defect to goods delivered that is caused by
circumstances beyond our control including industrial
disputes, breakdown of systems or network access, flood,
fire, explosion or accident.
10. Fleur Brown Nutrition and any directors and staff,
shall not be held responsible for claims relating to
illness or ailments that are deemed to have possibly
arisen as a consequence of reading or acting on the
content provided on this website. The content is for
general use, and may be inapplicable and/or unsuitable
for people suffering from conditions whether diagnosed
or not.
11. Although Fleur Brown Nutrition aims to offer you
the best service possible, we make no guarantee that
the services will meet your requirements. The services,
content and materials on the site and elsewhere are
supplied without warranties of any kind.
g) International Use
1. Fleur Brown Nutrition does not promise that materials
on the Fleur Brown Nutrition site are appropriate, legal
or available for use in locations outside the United
Kingdom. You must obtain all necessary customs, import
or other permits to purchase goods from our site.
2. If you choose to access this site from locations
outside the United Kingdom and the Republic of Ireland,
you are responsible for compliance with local laws.
The importation or exportation of certain of our goods
to you may be prohibited by certain national laws. We
accept no liability in respect of the export or import
of the goods you purchase.h) Supplement, Food and Diet
Programmes
1. The Questionnaires ask for information required as
appropriate to create your supplement, food and diet
programmes. This information will be treated as private
and confidential between Fleur Brown Nutrition and you.
2. All details provided by you will be kept confidential
and will not be disclosed to a third party, without
your prior consent. All records are kept under lock
and key to ensure confidentiality and safety.
3. All questions on the Questionnaire must be completed
where relevant. It is important that you fill in all
the details and answer all the questions accurately
and to the best of your ability and knowledge.
4. Our programmes aim to give a general recommendation
of the supplements and foods that may be appropriate
for you at a particular time. They do not aim to address,
treat or cure any specific health problems you may have
and do not replace the in-depth advice given during
a full personal telephone or face-to-face nutritional
consultation.
5. The recommended supplements and programmes should
be reviewed after three months. Your needs can change
and supplements and foods which appear to be appropriate
at the time of starting a programme may become inappropriate.
You must therefore contact us should you wish to continue
any specified supplement programme for longer than three
months.
6. Fleur Brown Nutrition is not permitted to diagnose
or claim to treat medical conditions. Nutritional Therapy’s
aim is to balance any biochemical and/or nutritional
imbalances and therefore help restore the body’s
natural vitality and resistance and NOT to cure medical
conditions.
7. Your nutritional programme will be based on the information
you disclose on your Questionnaire and, as appropriate,
on the results of any Functional Tests you undertake
and any other disclosures. Advice and guidance will
depend on the information provided by you on the Questionnaire.
No responsibility can be accepted in cases where diagnosed
medical conditions have been omitted or medication details
have not been fully disclosed in writing on the Questionnaire,
prior to advice and recommendations being given.
8. Success of the treatment will depend on your compliance
with the advice given. No responsibility can be accepted
if compliance is not total and satisfactory or a third
party interferes with the recommendations.
9. Standards of professional practice in Nutritional
Therapy are governed by the BANT (British Association
of Nutritional Therapy) Code of Ethics and Practice.
10. Supplements recommended are selected on the basis
of the information provided by you, on your Questionnaire
and/or any Functional Tests you have carried out. For
the avoidance of doubt, Fleur Brown Nutrition has no
business interest or direct link to any specific manufacturer.
11. You are responsible for consulting your G.P. about
any health concerns. Fleur Brown Nutrition advises you
to inform your G.P. that you are undertaking a Nutritional
Therapy programme if you have any conditions you have
raised with your G.P. or disclosed on the Questionnaire.
12. If you are receiving treatment from your G.P. or
any other medical provider for any conditions you disclose
on your Questionnaire or for any other conditions, you
should tell your G.P. about the Nutritional Therapy
programme provided by Fleur Brown Nutrition. This is
advisable because of any possible reactions between
medication prescribed by your medical provider and nutritional
programmes.
13. You must inform Fleur Brown Nutrition, on your Questionnaire,
about all medical diagnoses, medication, herbal or homeopathic
medication, other complementary treatments and food
supplements you are taking as this may affect the nutritional
programme we devise for you.
14. No responsibility will be accepted in cases where
diagnosed medical conditions or details of other therapies
have been omitted or medication or other treatments
or supplements have not been fully disclosed in writing
prior to advice and recommendations being given.
15. If you are unclear about the on-line programmes,
food and other recommendations following health tests,
supplement doses or time period of your treatment, you
should contact us promptly for clarification.
16. You are advised to report to us any concerns about
your Nutritional Programme promptly for discussion and
action.
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