We are Influ Limited t/a Wellness EQ, a company incorporated in England under the Companies Act 2006 (Company No.: 09693332) with its registered office at Kingfisher House, Hurstwood Grange, Hurstwood Lane, Haywards Heath, West Sussex, United Kingdom, RH17 7QX (“we” or “us”).
1 Our Terms
1.1 These are our Terms and Conditions which govern our sales of a) our 3-month Wellness EQ Optimiser Plan for weight loss and healthy eating (the “Programme”), b) our Metabolic Health Assessment and c) our individual Consultation Service, whether these are goods, services, or digital content. These terms should be read alongside our Cancellation Policy and our Privacy Statement.
1.2 These terms constitute a legal agreement between us and you. Therefore, please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide these services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 These terms provide you with an overview of your rights as a consumer. You are a consumer if:
1.3.1 You are an individual; and
1.3.2 You are buying the services mentioned in 1.1 from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession, unless under a specific licence agreement which has been negotiated with us).
2 Information about how to contact us
2.1 You can contact us by email at email@example.com or by post to 15 Cowgill Gardens, Edinburgh, EH16 6FP.
2.2 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 When we use the words “writing” or “written” in these terms, this includes emails.
3 Our Services
3.1 Our Programme will be made available to you via our website, our Metabolic Health Assessment provided via a PDF document and our Consultations via online Zoom Video Communication.
3.2 Our Programme is suitable for all adults and children, however if you have any conditions or suffer from any illnesses and are not in good health, please inform us prior to commencing the Programme.
3.3 It is important to note that we do not provide medical advice and any guidance that we may provide is no substitute for professional medical or physiotherapy advice.
3.4 All meals contained within the Programme are pre-set and therefore new recipes will not be created upon request. However, if you notify us of an allergy or intolerance you will be provided with advice on how to remove or replace most ingredients included in the Programme.
3.5 You must submit the correct information for the Programme and the Metabolic Health Assessment. Please ensure you complete your correct age, height (cm), waist circumference, other lifestyle information, medical history data and laboratory test results as requested on the relevant questionnaires. Once the Programme begins, you will be in complete control of the results. In order to achieve success with this programme you need to stick to it 100%: this includes advice on meal recipes, alcohol consumption and eating out.
4 How you may use materials we provide
4.1 We are the owner or the licensor of all intellectual property rights in our Programme and the Metabolic Health Assessment Report, including all digital products downloaded and online content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 This contract is between you and us and therefore, each Programme is licensed to a single user only. You are not permitted to copy, distribute, share and/or transfer the Programme or the Metabolic Health Assessment purchased to any third party. You must not share your subscription details for the Programme with other users.
4.3 You must not use any part of the content of the Programme or the Metabolic Health Assessment Report for any purpose other than your personal wellbeing and nutrition.
4.4 If you print off, copy or download any part of our Programme in breach of these terms and conditions, your right to use our Programme will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.
5 Our contract with you
5.1 Our acceptance of your order is on completion of payment.
6 Your rights to make changes
6.1 On receipt of payment for our Programme, the Metabolic Health Assessment or the individual Consultation sessions, changes and/or cancellations are not available. The only exception is in case you can no longer attend a pre-booked individual Consultation session, you may request the event to be rescheduled provided that your request is received via email (firstname.lastname@example.org), at least 24 hours before the scheduled time. A suitable alternative timeslot must be found within availability on the online website calendar.
7 Our rights
7.1 We may change the Programme and the Metabolic Health Assessment Report:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat, to improve labelling or packaging of our Programme, to improve the content or recipes detailed within the Programme or to alter the tests and/or cut-off values for any of the laboratory tests mentioned in the Metabolic Health Assessment Report.
7.2 We may update and change our website from time to time to reflect changes to our products, our users' needs and our business priorities.
8 Providing the Programme
8.1 Our Programme will be made available to you via our website when purchasing an online subscription.
8.2 You will own the Programme for your personal use.
8.3 Our Programme shall be provided to you via our website for the duration of 12 calendar months from the date that you are granted access to the Programme.
8.4 Access to the Programme is available using the login details provided by you. Once you have purchased the Programme, this shall be non-refundable. For more information, please see our Cancellation Policy.
8.5 Our Programme is only to be accessed by you. You are not permitted to transfer or assign your subscription or share your login details with any third party.
8.6 We reserve the right to accept or refuse your subscription, to the extent permitted by applicable law.
9 Suspension or Withdrawal
9.1 We may have to suspend the supply of our Programme, the Metabolic Health Assessment or the online personal Consultation Service for reasons outside our control.
9.2 If we have to suspend the online availability of the Programme, the Metabolic Health Assessment or the online personal Consultation Service for whichever reason, we will contact you via email to notify you of this eventuality and cancel your order and refund you in full for the service ordered. If the online service interruption is temporary, we will provide you with the option to delay the initiation of the service. If this option is acceptable to you, the order will no longer qualify to be refunded.
9.3 We do not guarantee that our site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10 Your rights to end the contract
10.1 Once you have registered and paid for the online Programme, the Metabolic Health Assessment or the online personal Consultation Service, it is non-refundable.
10.2 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013) do not apply. Please see our Cancellation Policy.
10.3 Your right as a consumer to change your mind does not apply in respect of:
10.3.1 digital products and online content upon purchase.
11 If there is a problem with the Programme or other Service
11.1 If you have any questions or complaints about the Programme, Metabolic Health Assessment Report or the online personal Consultation Service please contact us. You can write to us at email@example.com or at 15 Cowgill Gardens, Edinburgh, EH16 6FP.
12 Your rights in respect of defective products as a consumer
12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights in relation to the products.
12.2 Your key legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
13 Price and Payment
13.1 The price of the Programme, the Metabolic Health Assessment and the online personal Consultation Service will be the price indicated online.
13.2 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law
13.3 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14 Third Party Links
14.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
14.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15 Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We do not provide medical advice. When following the Programme, or following the guidance provided in the Metabolic Health Assessment Report or during the personal Consultation service, you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way. You need to discuss any significant dietary change with your GP before undertaking, since an adjustment in medication dosages may be required especially if you are receiving treatment for diabetes, high blood pressure or any other medical condition.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. We supply our services to you for domestic and private use only.
15.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
16 How we may use your personal data
16.1 We will only use your personal information as set out in our Privacy Statement.
17 Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
17.2 You need our consent to transfer your rights to someone else.
17.3 Nobody else has any rights under this contract.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later.
17.6 These terms are governed by Scots law and you can bring legal proceedings in respect of our product in the Scottish courts.
17.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Retail Ombudsman via their website at https://www.theretailombudsman.org.uk.
17.8 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.
18. Website Cookies
When someone visits www.wellnesseq.net, we use a third party service, Google Analytics, to collect standard internet log information and details of our website visitors’ behaviour patterns. We do this to find out things such as the number of visitors to the various parts of my website. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website.
We have also enabled IP address anonymisation so that my website users’ IP addresses are not transmitted to Google. You can read about this here.