TERMS AND CONDITIONS 

 

“VanessaRosterNutrition” website located at www.vanessaroster.com (the “Website”) is owned, controlled and operated by Vanessa Roster (“we”, “our”, or “us”).

The terms and conditions set out below (the “Terms and Conditions”) apply to the use of the services provided by Vanessa Roster and the Website by you (the “User”, “you”, “your”). The Website is available for you to use conditional on your acceptance of these Terms and Conditions. By accessing or using the Website and services provided, you agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not access or use the Website or services provided by Vanessa Roster.

We reserve the right to amend these Terms and Conditions at any time. Notice of any amendments will be displayed on the Website. Your continued use of the Website and services following any amendment to the Terms and Conditions shall constitute acceptance by you of that amendment and you will be bound by the Terms and Conditions as amended. You should familiarise yourself with these Terms and Conditions and check for updates regularly.

Please read the following information prior to booking in your consultation. It is a condition of service provision to agree to this information.

 

Our store is hosted on Squarespace Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

A. DEFINITIONS

Where a definition is used for the first time in the Terms and Conditions, it will appear in bold text.

“Content” means all content on the Website including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.

“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade or services marks, patents, designs, trade secrets, computer programs, data bases, copyright, circuit layouts, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).

“Order” means an order for purchase of the Products and/or Services placed through the Website.

“Personal Information” means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and is not limited to information in a material form.

“Privacy Policy” means the privacy policy on the Website, as amended or updated from time to time.

“Products” means the eBook, recipes, meal programs, nutritional guides and other related products made available for purchase from the Website, or provided through using the Services.

“Services” means the nutritional services and other related services made available for purchase from the Website.

“User Content” means any Content shared via, or submitted or uploaded to, the Website by a User of the Website.

B. TERMS AND CONDITIONS

  1. SECTION 1 - ONLINE STORE TERMS

    1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    3. You must not transmit any worms or viruses or any code of a destructive nature.

    4. A breach or violation of any of the Terms will result in an immediate termination of your Services.

  2. Application of Terms and Conditions

    1. These Terms and Conditions apply to all Users of the Website. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Terms and Conditions.

    2. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    3. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    4. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party

  3. Description of Website

    1. The Website is dedicated to:

      1. Providing general information about nutrition, food, health and wellbeing; and

      2. Promoting, offering for sale and selling the Products and Services.

  4. Privacy

    1. We will handle any Personal Information about you received by us in relation to the Website in accordance with our Privacy Policy, which is available on the Website. You agree that these Terms and Conditions also include our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

  5. Your Obligations

    1. Your access to, and use of, the Website, is subject to all conditions specified in these Terms and Conditions.

    2. You warrant to Vanessa Roster that you will not:

      1. Use the Website for any purpose that is illegal, unlawful or prohibited by these Terms and Conditions;

      2. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the Website or any Content through hacking, use of automated devices, scripts or bots, or other illegitimate means;

      3. Scrape or otherwise obtain any data from the Website for any purpose or use any Content to spam third parties; and

      4. Interfere or attempt to interfere with the proper working of the Website, or with any other person's use of the Website, including by transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature.

    3. You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.

  6. Purchase of Products and Services

    1. By placing an Order via the Website, you are offering to purchase Products and/or Services (as applicable) from Vanessa Roster subject to these Terms and Conditions. Each Order you place will be a separate and binding contractual agreement between you and Vanessa Roster and with respect to the supply of the Products and/or Services in accordance with these Terms and Conditions.

    2. You agree that Vanessa Roster reserves the right in its sole discretion to accept or reject an Order, and that Orders are subject to availability of the relevant Products and/or Services.

    3. To purchase the Products and Services via the Website, you need to possess.

    4. A valid credit or debit card issued by a bank acceptable to Vanessa Roster. Your card issuer agreement will govern the use of your designated credit card, and will determine your rights and liabilities as a cardholder.

  7. Accuracy or billing and account information

    1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

  8. Pricing & Fees

    1. The prices of Products and Services are specified on the Website. Unless otherwise stated, all Prices quoted are in British Pound Sterling. Prices are subject to change without prior notice.

    2. The Prices listed on the Website are inclusive of VAT (unless otherwise stated).

    3. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    4. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service

  9. Delivery of Products

    1. For Products available electronically on our Website:

      1. The Products you have purchased will be available for digital download once you have placed an Order;

      2. It is your responsibility to ensure your device is technically suitable to download the Products prior to placing an Order. Vanessa Roter takes no responsibility where the Products fail to download to your device due to a technical error; and

      3. If you encounter a technical error in attempting to download the Products, please contact Vanessa Roster at rostervanessa@gmail.com  for assistance.

      4. We reserve the right, but are not obligated, to limit the sales of our products (or Services) to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing (or Services) are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product (or Service) at any time. Any offer for any product or service made on this site is void where prohibited.

  10. Delivery of Services

    1. For Services that are purchased on our Website, you may be required to schedule an appointment with Vanessa Roster for provision of the purchased Services (“Appointment”). If that is the case:

      1. You must schedule an Appointment with the appropriate duration relative to the Services that you have purchased (to be advised and directed by Vanessa Roster);

      2. If you need to cancel or reschedule an Appointment, you must provide Vanessa Roster with 48 hours notice, otherwise you will permanently forfeit the right for Vanessa Roster to provide the purchased Services;

    2. For the Services:

      1. If the Services involve any e-mail contact with Vanessa Roster, you must allow at least 48 hours for a response to an e-mail sent by you given the high volume of e-mails that Vanessa Roster receives; and

      2. You must procure Vanessa Roster to provide the Services within 6 months of purchase, otherwise you will permanently forfeit the right for Vanessa Roster to provide the purchased Services and refunds will not be provided.

      3. It is the responsibility of the client to contact Vanessa Roster to schedule the initial consultation and to schedule follow-up consultations within the allotted time that the package is good for. Failure to schedule follow-ups in the allotted time will result in losing those services unless requested in writing from the client under special circumstances and confirmed in writing from Vanessa Roster.

      4. You must complete all your appointments within 2 months following the first appointment.

      5. Failure of the client to phone or show up for the scheduled consultation will result in loss of the service for which he/she has paid and it will not be refunded, unless the appointment has been cancelled by the client 48 hours prior to the appointment. This condition may be waived in special circumstances or unexpected emergency situations. However, waiving this condition and agreeing to reschedule the consultation is left entirely to the discretion of Vanessa Roster.

      6. Clients who don’t schedule sessions and check in regularly with Vanessa Roster in the appointed time periods, or who miss scheduled appointments, will lose the right to the session for that week – a session they paid for in the program price.

      7. You agree that all appointments are completed online (via Skype or phone).

      8. All dietary recommendations are made based on information given at the time of consultation and should not be shared with any other individual either in hard copy or verbally as they specific to the client, will unlikely meet the needs of another person.

  11. Benefits and Limitations of Nutritional Coaching

    1. It is understood that the client is paying the counselor for nutritional advice and opinion based on nutrition studies in the scientific literature, clinical experience, and experience putting nutritional strategies into practice in everyday life.

    2. The client agrees to weigh and balance the information provided by Vanessa Roster with information provided by the client’s physician. Medical tests, diagnosing conditions, and prescribing or changing the dosages of pharmaceutical drugs are not performed by Vanessa Roster and should be performed by the client’s own personal physician

  12. Returns Policy

    1. Vanessa Roster does not provide refunds or exchanges for our Products or Services purchased via the Website for change of mind.

    2. Vanessa Roster will only provide a refund for any Products purchased via the Website if the Product is faulty.

    3. If you request a refund (from Products or Services) due to lack of consumer satisfaction, Vanessa Roster will inspect the relevant Products or Services and determine whether you are eligible for a refund. If Vanessa Roster determines that you are eligible for a refund, you receive the full price of the Products and/or Services in return. Refunds are not guaranteed. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    4. Nutritional Coaching appointments and packages:

      1. Consultation packages and coaching programs require a commitment on the part of the client that he/she will follow through with the given services in the package or plan.

      2. Refunds will not be issued on payment for any complete consultation services package or coaching program if the initial consultation or coaching session is not scheduled by the client within three months after purchase by the client.

      3. In addition, no refunds will be issued on unused consultations in any consultation services package or unused coaching sessions in any coaching program after the initial consultation or coaching session is completed

  13. Reliance on Products, Services and Content

    1. Vanessa Roster takes reasonable efforts to check the accuracy of all information contained in the Products and Content prior to publication, or in the Services when they are provided to you. However, this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.Vanessa Roster cannot guarantee the accuracy, completeness or reliability of any information contained in the Products, Services and Content, including without limitation any nutritionist, food, health, medical or wellbeing advice. You acknowledge and agree that your use and reliance of the Products, Services and Content is on an “as-is” basis for which we hold no responsibility or liability.

    2. Vanessa Roster makes no warranty, guarantee or representation as to the quality, benefit or any other characteristic of any Products, Services or Content. You solely assume the risk of the non-medical nature and limitations of nutritional services when using the Products, Services or Content. Without limiting the foregoing, Vanessa Roster does not warrant, guarantee or represent that using or relying on the Products, Services or Content will result in weight loss, improve or alter your health in any specific way, treat a specific medical condition, or achieve any desired result within a specific timeframe.

    3. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate

    4. The Products, Services and Content must not be used or relied on as a substitute for medical, nutritionist, healthcare or other relevant professional advice, or for the purpose of diagnosis or treatment of any medical condition. You should not use the Products, Services or Content for diagnosis or treatment of any health problem or for prescription of any mediation or other treatment.

    5. Before purchasing or using any Products, Services or Content, you should seek medical advice from a suitable medical professional.

    6. Vanessa Roster is not responsible in any way for any hyperlinks to third party websites or host third party information or content on the Website. All third party content is the responsibility of its author, and Vanessa Roster does not endorse or represent the views or opinions contained therein.

  14. Third party links

    1. Certain content, products and services available via our Service may include materials from third-parties.

    2. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    3. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    4. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    5. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

    6. 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.

    7. 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. Intellectual Property

    1. The Intellectual Property in the Website and all Content (“Website IP”) and Products (“Products IP”) is exclusively owned and controlled by Vanessa Roster. The Website IP and Products IP remains Vanessa Roster’s exclusive property throughout the world in perpetuity.

    2. You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.

    3. For Products purchased via the Website, you will have a non-exclusive, non-transferable and non-assignable right to view and use the Products, and for Products obtained through digital download via the Website, display one copy of the Products on a device of your choosing, for private, domestic and non-commercial purposes only.

  16. Disclaimers & Limitation of Liability

    1. Using this Website (including all Content, Products and Services) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content, Products and Services), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, computer viruses or health issues, or any indirect or consequential loss, resulting from your use of this Website, Content, Products or Services.

    2. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    3. Subject to the application of any Non Excludable Conditions, Users hereby release Vanessa Roster from all claims and Vanessa Roster is not responsible nor liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from:

      1. Your use of, or inability to use, the Website;

      2. Your use of, or reliance on, the Products, Services or Content;

      3. Any User Content that is created, or otherwise appears, via the Website;

      4. Any failure by Vanessa Roster or other third parties to provide any information, service, feature or functionality via the Website; and

      5. Your use of third-party services (including any sharing to third-party websites) in conjunction with the Website.

    4. Users hereby acknowledge and confirm that they are on notice of Vanessa Roster’s disclaimer of warranties and limitation of liability set forth in this clause or elsewhere in these Terms and Conditions (“Disclaimers & Limitations”) and expressly agree to these Disclaimers and Limitations as a condition of using the Website.

  17. Indemnity

    1. As a further condition of using the Website, you must indemnify Vanessa Roster against all quantifiable and reasonable loss and/or damage suffered by Vanessa Roster (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result of your breaching a term of these Terms and Conditions.

  18. Governing Law

    1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

  19. Miscellaneous

    1. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall be construed as if such provisions had never been contained herein.