Energise and Thrive Plant Based Terms and Conditions
We draw your attention to:
Clause 8 – COOLING OFF, RIGHT TO CANCEL & CONSUMER RIGHTS
Clause 18 – SESSIONS AND NOTICE PERIODS
1. THESE CONDITIONS
1.1. What these Conditions cover. Energise and Thrive Plant Based Ltd (company number 13864222), a company registered in England and Wales with its registered office at 128 City Road, London, EC1V 2NX trading as ‘Vanessa Sturman Health and Nutrition’ (‘We’ or ‘Us’) supplies the Services to the Client on these terms and conditions.
1.2. Why the Client should read them. The Client should read these terms carefully before submitting an Order to us. The following terms are fundamental to the relationship between us and the Client and particularly close attention should be paid to these:
i. We are not a medical professional (clause 19)
ii. The Client’s data will be protected (clauses 12 and 13)
iii. The Client has the right to cancel (clause 8)
iv. Our intellectual property is protected (Clause 6)
2. INFORMATION & CONTACT DETAILS
2.1. Energise and Thrive Plant Based Ltd (company number 13864222) is a company registered in England and Wales. Our registered office is 128 City Road, London, EC1V 2NX. We also trade as ‘Vanessa Sturman Health and Nutrition’.
2.2. The Client can contact us by calling +447826 519611 or by writing to vanessa@energiseandthriveplantbased.com ADDRESS 128 City Road, London, EC1V 2NX, UK
2.3. We may try to contact the Client by telephone or by writing, using the contact details provided.
3. INTERPRETATION
In these Conditions, the following definitions apply:
Services: services offered by us in relation to our Energise and Thrive Plant Based programmes or sessions.
Client: The person or company purchasing the Services from us.
Commencement Date: the date that we commence provision of the Services to the Client as agreed between the parties.
Conditions: these terms and conditions as amended from time to time.
Contract: the contract between us and the Client for the supply of Services, comprising of the Order and these Conditions.
Fees: the fees payable by the Client for the supply of the Services in accordance with clause 7
Order: the Client’s order for the Services (and any subsequent ongoing Services).
Privacy Policy means the policy (as updated from time to time) which can be made available on request.
Client Data means all data (in any form) that is provided to us or uploaded or hosted by the Client.
Protected Data means the information and data referred to in the Privacy Policy.
4. BASIS OF CONTRACT
4.1. The Contract between us and the Client will come into existence when we email the Client to accept their Order. We will inform the Client if it is unable to accept the Order in writing. This might be because of unexpected limits on our resources which could not reasonably be planned for, because of an identified error in the price or description of the Services or because we cannot meet the Client’s specified deadline.
4.2. We have the right to make changes to the nature, scope and content of the Services, without notice to the Client, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, provided that these changes do not materially affect the overall nature of the Services.
4.3. Despite clause 4.2, we may make more significant changes or alterations to the nature, scope and content of the Services if it provides notice to the Client, who can end the Contract before the changes take effect and receive a refund for any Services paid for but not performed. The Client will be given at least 14 days’ notice of any such material changes.
4.4. We will supply the Services to the Client from the Commencement Date and we warrant to the Client that such Services will be performed using reasonable care and skill. We provide no guarantee that the Services will provide any results for the Client.
4.5. We will use reasonable endeavours to meet any dates for the performance of the Services (including but not limited to dates for the Client to attend calls or online classes) but we will not be liable for any delays caused by an event outside our control. We will contact the Client as soon as possible to inform them of the delay and take steps to minimise the delay. If there is a substantial delay, the Client may wish to contact us to end the Contract and receive a refund for any Service paid for but not performed.
5. CLIENT’S OBLIGATIONS
5.1. Client will:
i. ensure that all information given by the Client to us is complete and accurate;
ii. pay the Fees strictly in accordance with the payment schedule set out in the Order or on an email or as otherwise confirmed in writing by us;
iii. not use the Services or any content, data or information derived from the Client’s use of the Services for any purpose other than that which has been expressly authorised under the Contract; and
iv. Cancel or reschedule any appointment at least 48 hours prior to the booking. Any late changes will incur a full session fee.
5.2. If the Client agrees to do a video or written testimonial for the Services used, they permit us to include that information on our social media or a future website highlighting any benefits which the Client has obtained from the Services, and in this regard, the Client hereby grants to us a royalty-free, non-exclusive perpetual licence to use any intellectual property rights of the Client for this purpose. We may edit testimonials for brevity or clarity but will not alter their substantive meaning, and we will comply with all applicable advertising regulations when using them.
6. INTELLECTUAL PROPERTY
6.1. Any documents or materials shared with the Client by us remain the intellectual property of us, and Client agrees not to share these with others for any purpose.
6.2. The recordings of the live sessions & the online trainings or any other Services are the intellectual property of us and are not allowed to be shared, copied, or downloaded.
7. FEES AND PAYMENT
7.1. Fees for the Services are detailed in the Order or any agreement made in writing before the submission of the Order between us and the Client.
7.2. It is always possible that, despite our best efforts, some of the Services sold may be incorrectly priced. We will normally check prices before accepting the Client’s Order so that, where the product's correct price at the Order date is less than our stated price, we will charge the lower amount. If the product's correct price at the Client’s Order date is higher than the price stated, we will contact the Client for their instructions before acceptance. If we accept and process the Client’s Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as a mispricing, we may end the Contract and refund the Client any Fees they have paid.
7.3. In relation to payment by instalments or a payment plan, payment shall be made monthly on the same calendar day as the date of the Order or as otherwise agreed in writing before the submission of the Order between us and the Clent.
7.4. Subject to the Client’s right to cancel under clause 8, and the right to terminate where we have done something wrong, the Fees will remain payable by the Client notwithstanding any decision to cease using the Services and even if the Client does not complete, access, attend or use the entire Services.
7.5. If the Client does not make any payment to us by the due date then we may charge interest to the Client on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Client must pay us interest together with any overdue amount.
8. COOLING OFF, RIGHT TO CANCEL & CONSUMER RIGHTS
8.1. The Client has a limited period, referred to as the ‘cooling off period’, in which they may change their mind and cancel their Contract with us.
8.2. The cooling off period lasts for 14 days after the day we email the Client to accept their Order. However, once the Services have been completed, the Client does not have the right to change their mind even if the period is still running. If the Client cancels after we have started the Services, the Client must pay us for the Services provided up until the time the Client informed us that they have changed their mind.
8.3. The Client must give written notice of their cancellation to us within the 14-day cooling off period.
8.4. The Client must supply written notice of the request to cancel by email to vanessa@energiseandthriveplantbased.com. Alternatively, the client can fill out a cancellation form, which is at the end of this contract.
8.5. If the Client exercises their right to cancel, the Services will be terminated.
8.6. We will refund the Client the price paid for the Services by the method used for payment subject to any deductions for Services already received within 14 days of the Client informing us of the cancellation.
8.7. The Client has other key legal rights in relation to the Services including:
i. The right to ask usfor a repeat or fix of the Services if they are not carried out with reasonable care and skill, or the right to get some money back if we cannot fix it;
ii. If a price hasn’t been agreed beforehand, the price must be reasonable;
iii. If a time hasn’t been agreed beforehand, the Services must be carried out within a reasonable time.
8.8. More information on the Client’s consumer rights can be found at www.adviceguide.org.uk or by calling 03454 04 05 06.
9. TERMINATION
9.1. The Client can terminate the Contract for the following reasons:
i. They have the right to cancel in accordance with clause 8 above; or
ii. We have done something or have told the Client they are going to do something (including informing the Client of an upcoming change; informing the Client of a pricing error; a risk of delay due to something not in our control; suspending the Services in accordance with clause 10.2; or doing something wrong, such as providing the Services late).
9.2. We can terminate the Contract for the following reasons:
i. The Client does not make payment to us when it is due and still does not make payment within 3 days of reminding the Client that the payment is due;
ii. The Client does not provide us with the information necessary for us to provide the Services; or
iii. The Client is not present for the Services to be provided.
10. SUSPENSION OF SERVICES
10.1. In the event of any payment due to us becoming overdue and unpaid for more than 20 (twenty) days and we have reminded the Client that their payment is overdue, we may, at our discretion, suspend or withdraw the provision of the Services, without prejudice to any of our other rights as to termination and or interest and having notified the Client of the same. This will not apply where the Client disputes any payment.
10.2. We shall have the right to suspend the Services at any time to deal with technical problems or make technical changes or make updates to reflect changes in relevant laws and regulatory requirements We will contact the Client in advance and the Client may end the Contract if the Services are suspended for more than 3 months and we will refund the Client for any sums paid in advance for the period after the ending of the Contract.
11. LIMITATION OF LIABILITY
11.1. We are responsible to the Client for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage the Client suffers that is a foreseeable result of us breaking this Contract or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both parties knew it might happen, for example, if the Client discussed it with us in the sales process.
11.2. We do not exclude or limit in any way our liability to the Client where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Client’s legal rights in relation to the Services including the right to receive Services which are; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12. DATA
Client Data and Protected Data shall be processed in accordance with our Privacy Policy.
13. CONFIDENTIALITY AND SECURITY OF DATA
13.1. We shall maintain the confidentiality of Protected Data and shall not, without the prior written consent of the Client, and in accordance with the Contract, disclose Protected Data other than as necessary for the performance of the Services, the express rights and obligations under the Contract, or as required by law.
13.2. We will disclose Protected Data only to those of our officers, employees, agents, contractors and direct and indirect sub-contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Services.
13.3. In order to promote and respect the confidentiality of all clients and intellectual property the Client understands that the Services, now and in the future, are limited to people who have registered for the Services. In consideration of, and as a condition for permitting the Client to participate in the Services, the Client agrees to not publish, broadcast, disclose, communicate to the public, or assist another to do the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the Services.
13.4. This clause 13 does not affect our rights under clause 5.1.iv nor does it affect the Client’s rights to share their general experiences of the Services.
14. ASSIGNMENT AND SUB-CONTRACTING
14.1. The Client will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. For the avoidance of doubt, the Client will not share the Services or any content, data or information derived from the Client’s use of the Services with any third party without the prior written consent of us, which may be withheld.
14.2. We may transfer rights and obligations under these Conditions to another organisation but we will inform the Client in writing if this happens and will ensure that the transfer will not affect the Client’s rights under the Contract.
15. WAIVER
A waiver of any right under the Contract is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. If we do not insist immediately that the Client does something they are required to do under the Contract, or if we delay in taking steps against the Client in respect of their breaking of the Contract, that will not mean that the Client does not have to do those things and it will not prevent us from taking action later.
16. THIRD PARTIES
The Contract is between us and the Client. No other person shall have any rights to enforce any of its terms
17. APPLICABLE LAW
17.1. Any dispute of legal issue arising from the Contract (including non-contractual disputes or claims) will be determined by the law of England and Wales and considered exclusively by the English Courts.
17.2. Each of the paragraphs referred to in the Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18. SESSIONS AND NOTICE PERIODS
18.1. Programme sessions: Cancellations must be made at least 48 hours before the scheduled session by text/WhatsApp (+44 7826 519611) or email (vanessa@energiseandthriveplantbased.com). Failure to cancel within 48 hours results in that session being lost.
18.2. Programmes: All sessions within a programme must be taken within the time period agreed at the start of the Contract (unless extended in writing). Sessions not taken within this period will be lost.
18.3. One-off sessions (e.g. Power Hour): Must be booked within 2 months of purchase, or they will be lost. Once booked, cancellations or rescheduling require 48 hours' notice (email, WhatsApp +44 7826 519611, or Calendly). Failure to provide 48 hours' notice means the session is lost and non-refundable.
19. OTHER IMPORTANT TERMS
19.1. We reserve the right to alter or cancel published dates and change venues without any liability whatsoever.We reserve the right to alter or cancel published dates and change venues without any liability whatsoever.
19.2. We reserve the right to make changes to the programs, services, products, speakers or venue should that be necessary.
19.3. We expect all Clients to behave respectfully towards us, other clients and associates, in person, by email, social media or any other communication. If, in our reasonable opinion, your behaviour is seriously disruptive, threatening, abusive or materially harms our ability to deliver the Services or the wellbeing of others, we may suspend or terminate your access with immediate effect. In such cases, Fees for Services already provided will remain payable, but we will refund (pro rata) any prepaid Fees for the unexpired period after termination.
19.4. We are not medical professionals. Any advice is educational only, based on evidence and experience. You must consult your doctor before making dietary changes, especially if on medication, inform them of this programme, and take responsibility for avoiding any unsuitable foods or ingredients.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract within the 14 day cooling off period)
To:
Energise and Thrive Plant Based Ltd (company number 13864222) trading as ‘Vanessa Sturman Health and Nutrition’
128 City Road, London, EC1V 2NX
+44 7826 519611
vanessa@energiseandthriveplantbased.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*].
[Name of consumer(s)]
[Address of consumer(s)]
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate