TERMS AND CONDITIONS
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SHARMAIN DAVIS: SPORT DIETITIAN
TERMS AND CONDITIONS OF SERVICE
1.1 These Terms and Conditions set out the terms and conditions upon which the Practitioner is to provide the Service to You and will apply to the exclusion of all other terms and conditions (other than those which cannot lawfully be limited or excluded including any rights which You are entitled to when dealing as a consumer). Any variation or addition to these Terms and Conditions shall only be valid if made in writing and signed by the Practitioner.
1.2 In these Terms and Conditions words and expressions beginning with capital letters shall have the following meanings: (a) Charges means the charges of the Practitioner which are payable by You for the provision of the Service as initially advised to You prior to You placing Your order for the Service; (b) Practitioner means Sharmain Davis (BSc, PG Dip, RD) Registered Company Address: 187 Brompton Park Crescent, London, UK, SW6 1SX; email Sharmain@TheDietconsultant.com; (c) Service means clinical dietetic consultation services as more particularly described in Clause 3; and (d) You means the individual service user ordering the Service from the Practitioner.
2.1 Payment of the Charges is required in advance and the Practitioner shall be under no obligation to provide the Service to You unless and until You have paid the Charges in full. In the event that the Practitioner agrees to accept payment of the Charges in arrears, in instalments or to commence provision of the Service prior to You making payment then the Practitioner shall be entitled to suspend or terminate the provision of the Service without liability to You if You fail to make any payment as agreed.
3 PROVISION OF THE SERVICE
3.1 The Service is only available to UK residents aged over 16 years of age or to individuals aged under 16 years of age with parental consent.
3.2 The Service consists of the provision to You of individual diet related advice and consultations including the collection and assessment of information relating to Your current diet and the making of recommendations as to how that could be adjusted to address Your individual goals or concerns. However, as all individuals are different it is not possible to guarantee that any specific result will be obtained as a result of the Service.
3.3 The Service does not include (and the Practitioner shall be under no obligation to provide to You) any services which it would be unlawful, illegal or unethical to provide or which would require the Practitioner to act in breach of any code of conduct or other regulation to which she is subject. Such services include, but are not limited to: advice on the use of illegal substances or the misuse or abuse of any medications or the treatment of any diagnosed eating disorder (unless such treatment is provided in combination with other health care professionals in accordance with all applicable treatment guidelines).
3.4 Following receipt of payment of the Charges, the Practitioner will agree with You a mutually convenient time for any consultations to be provided as part of the Service.
3.5 Home visits are mutually exclusive to residents of central London within Zones 1-2. Kitchen assessments and any advised utensil or equipment purchases made by the practitioner are at the client’s sole discretion. Shopping trips will last a maximum of 2 hours, additional time incurred is chargeable at the practitioner’s hourly rate. Shopping venues will be advised by the practitioner based on the client’s dietary assessment but the final venue is at discretion of the client. All purchases within the shopping trip time will be made by the client.
4 SERVICE STANDARDS AND COMPLAINTS
4.1 The Practitioner warrants that as at the date of Your order she is a registered Health Professions Council Dietitian (registration number DT18934) and a registered member of the British Dietetic Association (registration number 9595) and will maintain all professional registrations which may be required from time to time to enable him to lawfully provide the Service to You.
4.2 The Practitioner shall provide the Service to You using reasonable skill and care and in accordance with all legal and regulatory obligations which apply to the Practitioner and the Service including: (a) the Standards of Conduct, Performance and Ethics and Proficiency Standards: Dieticians as published by the Health Professions Council; and (b) the Code of Professional Conduct of the British Dietetic Association.
4.3 In the event that You wish to make any complaint concerning the provision of the Service or the conduct of the Practitioner which You are unable or unwilling to resolve directly with the Practitioner then You have the option to raise a concern with the Health Professions Council. Further details of this procedure are available at www.hpc-uk.org or by writing to the Health Professions Council at: Fitness to Practise Department The Health Professions Council, Park House, 184 Kennington Park Road London, SE11 4BU.
5.1 The Practitioner does not seek to limit or exclude in any way her liability for: (a) death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; (c) for any rights which You are entitled to when dealing as a consumer; (d) for any remedial action which any regulatory authority having jurisdiction over the Practitioner may order him to carry out; (e) and for any other liability which cannot lawfully be limited or excluded. Each provision of these Terms and Conditions shall be read as subject to this Clause 5.1 and no provision shall be interpreted as seeking to limit or exclude any of the foregoing types of liability.
5.2 Save as otherwise provided for under Clause 5.1, the maximum liability of the Practitioner to You in connection with the provision of the Service and any breach by the Practitioner of these Terms and Conditions shall be limited to the value of the Charges actually paid by You to the Practitioner.
6 CANCELLATION AND REFUNDS
6.1 If You have ordered the Service online, over the telephone or by any other means which does not involve face to face contact with the Practitioner then at anytime within seven working days of placing Your order You can cancel it by writing to the Practitioner at one of the addresses set out in Clause 1.2(b) and receive a full refund of any Charges already paid by You. You will though lose this right to cancel without liability if You consent to the Practitioner commencing the provision of the Service for You within this seven day cancellation period.
6.2 Appointments and consultations once booked are only cancellable and refundable at the discretion of the Practitioner and unless agreed otherwise with the Practitioner, if You wish to cancel an agreed appointment or consultation or fail to attend then You will not be entitled to any refund or credit of the Charge paid for that appointment or consultation.
6.3 In addition to the cancellation rights provided under Clause 6.1, You are free to cancel or terminate the provision of the Service at anytime and for any reason. However, no refund will be payable to You of any Charges paid in advance unless the Practitioner agrees at her discretion to do so or where You have terminated the provision of the Service because the Practitioner has breached these Terms and Conditions.
6.4 Provided that doing so does not cause her to breach of any code of conduct or other regulation which she is subject to, the Practitioner may terminate the provision of the Service at any time and should she do so, You will receive as Your exclusive remedy a refund of any advance Charges already paid by You for Services which have not yet been provided. The Practitioner shall not though be required to provide any such refund if her reason for terminating the provision of the Service is: (a) because You have requested the Practitioner provide any service to You which it would be illegal, unlawful or unethical for her to provide or would result in her breaching any code of conduct or other regulation which she is subject to; or (b) where the Practitioner exercises her rights of termination under Clause 2.1.
7 GOVERNING LAW
7.1 These Terms and Conditions, the provision of the Service and the relationship between You and the Practitioner generally is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to hear any dispute.