We are “HOW TO HEALTH LTD”, [“us, “We”], a company limited and registered in England, having a
registered address at 5 Ladbrook Road, Solihull, West Midlands, B91 3RN
Our passion includes offering users (“you”, “client”) one to one consulting for people in terms of weight
loss transformation. We take a holistic look at your lifestyles, including, sleep, diet, and exercise. We offer
custom nutritional plans, training plans and general advice on lifestyle [hereinafter ‘Services’].
By access our Website and Services you acknowledge and accept the following Terms. If you disagree, We
kindly ask you leave this Website immediately. Please take time to review our Privacy Policy, which are
part of these Terms, found here. Note, these Terms are open to amendment, and we reserve the right to
alter and or delete these as appropriate and without notice. Nothing within these Terms will affect your
statutory rights. You must be at least 18 years of age to use our Services and Website.
Access
- Access to our Services and Website is conditional that:
i. You accept that it may contain links to other third-party websites that We have no
control over regarding the contents and or access to these sites,
ii. You accept access may be withdrawn at any time without reason,
iii. You accept that We are not responsible for the security of data provided or transmitted
to our Website,
iv. You accept access to our Website may be restricted and or be unavailable, and
v. You accept the Terms herein in full. - You agree that you will not:
i. Commit a criminal offence through using this Website and or services,
ii. Hack or attempt to hack into our server and or service(s),
iii. Send us any unsolicited promotional material,
iv. Transmit a virus or any other malicious material(s),
v. Engage in any offensive or obscene behaviour. - Please note that you take full responsibility for your participation with our Website and or
Services. You may be asked to register and/or select a Username and password before creating
your own online profile. All registration information you submit to create an account must be
accurate and kept up to date. We reserve the right to refuse registration of, or cancel, a
Username, in our sole discretion. If We cancel your registration, you agree that you will not
create another one or otherwise try to access our Service(s) without our permission. You agree
not to sell, transfer, or assign your login/registration or any registration rights. It is your
responsibility to notify us of any changes in such information, including but not limited to your
contact information. - You are responsible for maintaining the confidentiality of your password and are responsible for
all use of your account. Your account is not transferable. You agree to notify us immediately if
you suspect any unauthorised use of, or access to, your account or password.
Payments / Subscriptions
- We offer paid membership Service(s) through our Website. You acknowledge and accept that by
accessing any subscription service that this binds you to the terms and conditions already set out
here. You acknowledge and agree that when sign up for our Services, payments may be
processed by third party providers. We are not responsible for any handling fee charged by any
third-party provider(s). You agree to hold us harmless for any loss incurred through any third-
party processed transactions and or information sharing. - We reserve the right to amend subscription rates and payment methods as notified on the
Website and or by email. Subscriptions are month-to-month, with a minimum 3-month sign up
term. Subscriptions are non-refundable. - Clients agree to pay the first month subscription upfront and that they are liable for months 2
and 3 on the first day of respective months. Thereafter, the Client will be charged on the first day
of each subsequent month, on a rolling basis, unless cancellation is notified to us as per Term 12. - We accept payment by Paypal (in US Dollars) and may add further methods, when available. A
recurring payment can be set up via the link on our Website. - You agree and acknowledge that We are not responsible for and will not reimburse any fees
incurred by you from your Paypal, your bank, or other financial institution, including without
limitation overdraft charges, insufficient funds charges, interest charges, or finance charges,
which may have occurred because of charges debited by How To Health.
Suspension / Termination
- We value all our Clients, but We must reserve the right to suspend access to any Service where a
Client is abusive; infringes our intellectual property rights; engages in threatening, abusive, or
insulting behaviour; provides fraudulent information; or repeatedly violates these Terms. - You acknowledge and agree that We may modify, suspend, or discontinue (for a reasonable
period of time) access to our Website and/or Services, if it is reasonably necessary for us to carry
out any maintenance, updates or business operations; and/or modify, limit, suspend or terminate
your Account if you breach Term 10, above. - You may cancel your subscription by providing 30-days’ notice to us via email. Clients
acknowledge and agree that this disapplies to the minimum 3-months sign up period. Please note
that if you cancel your Service(s) after a billing month has started, you will not receive a refund
for that period.
Intellectual Property - Except as provided or as explicitly allowed by us, you may not copy, mirror, download, stream,
capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit,
retransmit, distribute, perform, display, sell, frame or link, make available, or otherwise use any of
our content. - You acknowledge and accept that all intellectual property rights (‘IPR’) vested in the content of
our Website, including but not limited to our platform, logos, brand name, text, images, and
overall look belong to us. Nothing herein extends any form of IPR, licence, or permission to
copy, publish, manipulate, reproduce, distribute, or otherwise use in any format, our own content
without our express written permission or as express/implied within your subscription.
Liability
- While We aim to ensure accuracy, any material within our Website or part of our Services exist
without any guarantee or warranty that it is accurate and or without fault. You hereby explicitly
acknowledge and agree that We cannot guarantee any specific lifestyle/fitness goal(s) set out in
our subscription model(s). All subscriptions are designed to be followed but are strictly an aid to
achieving desired result(s)and in no way confer any promise/warranty/representation by us. - We shall not be liable for any reliance, implied conditions, warranties, or terms and or be liable
for any damages for direct, indirect, consequential, special, or incidental damages or loss arising
out of or related to the reliance/use of our Website / Services, or the inability to use our
Services, irrespective of foreseeability. Further, you acknowledge and accept We disclaim liability
for information provided to us and passed on to Clients.
- You hereby waive any claim arising out of your use of our Website and Services. You agree to
hold us harmless for any injury, damage, harm, or loss caused by (1) following our
advice/subscriptions/tailored programmes, or (2) any viruses or other technologically harmful
material that may infiltrate your computer programs, data, computer equipment, or other
proprietary material due to your use of our Website/Services. - Therefore, you agree to indemnify and hold us, our affiliates (including nutritionist) and other
partners, harmless from any loss, liability, claim, or demand, including, but not limited to any
legal fees due to or arising out of or in connection with your usage / interaction with our
Website/Services. - Nothing in these Terms limits any right or obligation that you may have under the Consumer Rights
Act 2015, including any consumer guarantee or right to refund, or any other right under any law,
to the extent that it cannot lawfully be excluded or limited. - Clients explicitly acknowledge that our Services are not intended to replace medical
advice/guidance. Clients should ALWAYS seek professional medical advice before making
changes to their lifestyle. Clients should consult with their doctor before uptaking any of our
Services.
Other Terms
- By placing an order for a subscription, you are confirming to us that you have reached the age of
18 years; in addition, you accept your order represents a contract as per the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013. - We shall not be in default of any obligation if the failure to perform the obligation is due to any
event beyond our control, including, without limitation to, any failure of a portion of the power
grid, failure of the Internet, Covid-19 or any other pandemic, any natural disaster, war, strikes or
other organised labour action, or other events for which precautions are not generally taken and
not reasonably foreseeable. - These Terms, and the relationship between us and our Clients, shall be governed by the laws of
England and Wales and each party agrees that all disputes arising out of or in connection with
shall be exclusively governed by and determined in accordance with the laws of England and
Wales. - If any portion of these Terms is found to be unenforceable, the remaining portion will remain in
full force and effect. Any amendment to or waiver of these Terms must be made in writing and
signed by us. - These Terms constitute the entire agreement between you and How To Health with respect to
the access and usage of our Website/Services, and supersedes any prior oral or written
understandings, communications, or agreements.