Terms and Conditions
INTRODUCTION – PLEASE READ CAREFULLY
- INFORMATION ABOUT HOW TO CONTACT US
1.1 We are The In-Sync Diet, a company incorporated and registered in England and Wales with company number 11307512 whose registered office is at 5 – 11 Regent Street Ground Floor, Charles House, London, United Kingdom, SW1Y 4LR .
1.2 You can contact us by email at firstname.lastname@example.org
1.3 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.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- THE PLANS
2.1 Nature of the Plans. All the meals contained within all Plans are pre-set and therefore new recipes will not be created upon request.
2.2 Our ethos is based on the science and principles of evolutionary biology, overlaid with current scientific thinking in psychology, neurology and immunology. The set meals will be tailored in line with a pre-requisite 9.5 week programme utilising our own unique formula based on your genetic makeup. We encourage a healthy appreciation of food, exercise and hydration and we do not encourage calorie counting.
2.3 Our Plans may contain foods from a list of 14 major allergy groups so food sensitivities and intolerances may occur.
2.4 Our advice does not constitute medical advice and you must ensure that both you and your GP or physician is comfortable with all the ingredients in our Plans.
2.5 Any training routines contained within the Plans are pre-set. We will send you details on the exact structure to follow; meaning the duration, repetition, range and amount of sets. This also includes guidance or correct lifting techniques through video links, webinars and PDF documents. You acknowledge that any routine involving any form of weight training is an individual consideration for you as you know your own strength. We will never specify weight and this is carried out by you at your own risk.
2.6 Whilst we advise on the frequency of exercise as stated on our Plans we do not accept responsibility for any additional training or fitness you carry out.
2.7 You are responsible for supplying us with the correct information. Please ensure you complete your weight and any other information we may request. Once your chosen Plan begins, you will be in complete control of the results. In order to achieve success with this program you need to stick to it 100%: this includes meal portions, meal timings, training, alcohol consumption and eating out.
2.8 Once you purchase our Plan, our recommendation is that you complete this within 9.5 weeks. However, our Plan will remain accessible to you after this.
- PLAN SUPPORT
Support queries can be forwarded to email@example.com
- KEEP YOUR ACCOUNT DETAILS SAFE
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
- HOW YOU MAY USE MATERIAL WE PROVIDE
5.1 We are the owner or the licensee of all intellectual property rights in our Plans. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You must not use any part of the content of the Plans for any purpose other than your personal fitness and nutrition.
- PROVIDING CONTENT
6.2 We may ask your permission to publish the photos. We may contact you to ask permission to publish the photos. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
- OUR CONTRACT WITH YOU
7.1 You make an offer to purchase one of our Plans when you confirm acceptance of these terms and make payment via Paypal. At this point a contract for a purchase of a Plan comes into force.
7.2 We may refuse to sell a Plan for medical reasons. Our policy is that we will not provide fitness or nutrition plans if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Plans are not appropriate for pregnant women or children under 18.
7.3 You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.
- PROVIDING THE PLAN
8.1 We may need certain information from you so that we can supply the Plan to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Plan late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.2 We may have to suspend the supply of a Plan to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Plan to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Plan as requested by you or notified by us to you.
8.3 We will contact you in advance to tell you we will be suspending supply of the Plan, unless the problem is urgent or an emergency. If we have to suspend the provision of the Plan for longer than one week we will adjust the price so that you do not pay for Plan while it is suspended. You may contact us to end the contract for a Plan if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the Plan in respect of the period after you end the contract.
- YOUR RIGHTS TO END THE CONTRACT
9.1 You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
9.2 You can end your contract with us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If you have just changed your mind about the Plan you may be able to get a refund any time within 5 days of the order.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;
9.3 Ending the contract because of something we have done or are going to do. If:
(a) we have told you about an upcoming change to the Plan or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Plan you have ordered and you do not wish to proceed;
(c) we have suspended supply of the Plans for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a week; or
- HOW TO END THE CONTRACT WITH US
10.1 If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by emailing us at firstname.lastname@example.org
10.2 How we will refund you. We will refund you the price you paid for the Plans, by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.
- OUR RIGHT TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a Plan at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Plans; or
(c) in respect of a Plan if you are pregnant or suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Plans we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the Plan, please contact us by email at email@example.com
12.2 Summary of your legal rights. We are under a legal duty to supply Plans that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Plan. Nothing in these Terms of Business will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content, such as the Plan, must be as described, fit for purpose and of satisfactory quality:
12.2.1 if your digital content is faulty, you are entitled to a repair or a replacement
12.2.2 if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
12.2.3 if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
- PRICE AND PAYMENT
13.1 Our Plans must be paid for in advance.
13.3 The price of the Plan be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Plan advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the Plan you order.
13.4 It is always possible that, despite our best efforts, some of the Plans we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Plan’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Plan’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 We do not provide medical advice. When following a fitness or nutrition plan 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.
14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.3 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 Plans; and for defective Plans under the Consumer Protection Act 1987.
14.4 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. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.5 We are not liable for business losses. We only supply the Plans for domestic and private use. If you use the Plans for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR INFORMATION
15.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 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.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Plans, we can still require you to make the payment at a later date.
16.6 These Terms are governed by English law and all parties irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any dispute relating to it or arising under it.
In addition to the above the following also applies to Convert Club.
THE IN-SYNC DIET ONLINE SUBSCRIPTION AGREEMENT FOR CONVERT
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our shopping pages will guide you through the steps you need to take to subscribe to Convert. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an email from us acknowledging that we have received your order. The Contract between us will only be formed when we send you this order confirmation.
16.7 OUR RIGHT TO VARY THESE TERMS AND OUR RIGHTS TO CANCEL
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- Changes in relevant laws and regulatory requirements; and or
- For business purposes
If we have to revise these Terms as they apply to your order, we will contact you to you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with these changes.
16.8 YOUR RIGHT CANCELLATION
As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause
This means that during the relevant period if you change your mind or decide for any other reason that you do not want to continue with Convert, you can notify us of your decision to cancel the Contract. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your legal right to cancel Convert starts from the date on which we e-mail you to confirm our acceptance of your order, which is when the Contract between us is formed. No refunds will be issued for monthly fees already paid. Any cancellation however will be immediate and no further fees taken.
Subscriptions to Convert will automatically renew at the end of the initial subscription period at the standard rate as advertised on our website from time to time until you cancel and we will continue to deduct the subscription fee from your credit or debit card every month
16.9 PRICE OF CONVERT
The price of Convert will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Convert are correct at the time when the relevant information was entered onto the system.
Prices for Convert may change from time to time, but changes will not affect any period for which you have already paid. If we change our prices, we will give you at least 30 days’ notice and you may choose to cancel your subscription at that time on written notice to us.
17 HOW TO PAY
You can pay for Convert using a debit card, credit card or paypal.
Payment for Convert is charged in advance for the initial period you agree to when signing up and then continues until cancelled in accordance with clause 16.8