Privacy Policy
THE CANINE DIETITIAN – TERMS AND CONDITIONS OF BUSINESS (TERMS)
28th July 2022. V.1.1
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we provide services to you.
1.2 Why you should read them. Please read these terms carefully before you use or make a booking for our services. These terms tell you who we are, how we will provide services to you, how we may both change or end the contract, what to do if there is a problem and other important information.
1.3 Important terms. Whilst all of our terms are important, we would like to draw your attention to the following:
1.3.1 clause 4.3 to 4.7, which include a number of warnings and assumptions;
1.3.2 the limitation of liability, as set out in clause 13;
1.3.3 your limited rights to use (for domestic purposes only) the recipes we develop for you, as set out in clause 15.6.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Canine Dietitian Limited, a company registered in England and Wales. Our company registration number is 12684261 and our registered office is at 5 Moor Top Road, Kirkheaton, Huddersfield, West Yorkshire, United Kindgdom, HD5 0QP . We are registered with Registered with Trading Standards (number GB 437 1204).
2.2 Trading style. We trade as the Canine Dietitian.
2.2 How to contact us. You can contact us by calling 07920427379 or by writing to us at [email protected] or 5 Moor Top Road, Kirkheaton, Huddersfield, West Yorkshire, United Kindgdom, HD5 0QP
2.3 How we may contact you. If we have to contact you we may do so by telephone or by writing to you at an address (electronic or postal) that you have provided to us. Where you have given us permission to do so, we may communicate through an app or using social media or (when you are in one of our affiliated premises) a clinical station that you are using.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and other electronic communications.
3. OUR CONTRACT WITH YOU
3.1 Your booking. You can make a booking for our services using the contact method of contact set out in clause 2.2.
3.2. How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it at which point a contract will come into existence between you and us.
3.3 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for.
4. OUR SERVICES
4.1 The services that we provide are described in any service description documents that we may publish from time to time. We reserve the right to change the description of the services from time to time. Generally speaking, we are in the business of supplying nutritionally balanced diet plans.
4.2 Depending on the service you have purchased, after you have booked, we will:
4.2.1 arrange a video consultation with you on an agreed date. We will also send you a health questionnaire, via email. This questionnaire may need to be completed before your initial video consultation;
4.2.2
4.2.3 prepare a bespoke diet proposal based on the video chat consultation and your responses to our questionnaire;
4.2.4 formulate an agreed number of nutritionally balanced recipes for you in accordance with that proposal (in each case balanced to EU FEDIAF standards), which recipes we send to you via email, along with a tips and fact sheet.
4.2.5 for an agreed period of time following receipt by you of the recipes, engage with you via email by way of reasonable follow up, to ensure any questions you have are answered.
4.3 All recipes are developed by us on the basis and assumption that your animal is healthy and does not have any underlying health conditions. We explore this assumption with you further in our questionnaire, the answers to which you promise are true, complete and accurate in all material respects.
4.4 All recipes developed by us are not for therapeutic use.
4.5 If you suspect that your animal has any health conditions, it is our strong recommendation that before using our services, you first consult with a professional veterinarian. The services that we provide are not a substitute for professional veterinary advice.
4.6. The choice of service suitable for you during the consultation is entirely at our discretion. You will not be entitled to a refund in the event we do not provide you with a recipe that you had hoped for.
4.7 If we, in our sole discretion, form the view that the services are not suitable for you, we will inform you of this and may advise you to seek alternative professional veterinary advice.
4.8 You are responsible for ensuring that any communication device used by you is suitable for use of our services, including ensuring that your internet connection is adequate in order conduct a video chat consultation. We will not be liable for any failure to use our services that occurs as a result of your device or connection being unsuitable for use of our services. If the connection is not satisfactory, we may provide the services to you via an alternative communication channel (such as a telephone call) where, in our sole discretion, that is appropriate.
4.9 You are responsible for ensuring that your consultation takes place in a private and confidential location.
5. DELAYS
5.1 We are not responsible for delays outside our control. If our provision of any services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6. YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If we agree to your requested changes, we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract).
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the services. We may change the services:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
7.2 More significant changes to the services and these terms. We may decide to make more significant changes to the services that we provide, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not yet received.
8. PRICE AND PAYMENT
8.1 Where to find the price for the services. The price of the services will be the price indicated on the order pages on our website if you made your booking online. Unless otherwise clearly agreed, the prices we quote are for the services alone (We take all reasonable care to ensure that the price of the services advised to you is correct.
8.2 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price of the services at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price of the services at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking.
8.3 How you must pay. Our preferred method of payment is by direct bank transfer. However, at our discretion, we accept payment by credit or debit card. We use Paypal as a payment processor. Your payment details will only be transferred to and processed by Paypal on their secure system in order to process your payment for our services. We may change our payment processes and if we do so will notify you during the payment process.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 9.1.1. to clause 9.1.3. below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
- we have told you about an error in the price or description of the services you have booked and you do not wish to proceed;
- there is a risk that supply of the services may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong.
9.2 When you don’t have the right to change your mind. You can change your mind before the service or consultation is commenced provided that this is within 14 days of the booking. You may not request a refund after the booked service has started or after the time that you requested the service has expired (even if you did not attend) unless the service is postponed with our agreement or as a result of our failure to be able to provide the service to you.
9.3. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have started providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will (subject to these terms and conditions) refund any sums paid by you for services not provided (provided that this request is made within 14 days of you requested the service) but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call us on 07920427379 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Write to us at 5 Moor Top Road, Kirkheaton, Huddersfield, West Yorkshire, HD5 0PL, including details of what services you booked and your name and address.
10.2 How we will refund you. We will refund you the price you paid for the services 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. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10.4 Notice of termination. Notice will be effective only at the time that we receive it.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. In addition to any other rights of termination we may have, we may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
- you do not, within a reasonable time and in any event within 5 minutes, attend, log in or make yourself available for your consultation at your chosen time in order for the services to be provided;
- you behave towards us in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner or which is otherwise upsetting to any of them; or
- where we have agreed to provide our services to you on a subscription basis, you, in our reasonable opinion, make excessive use of such services.
12. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone us on 07920427379 or write to us at email us at [email protected] or 5 Moor Top Road, Kirkheaton, Huddersfield, West Yorkshire, HD5 0PL.
12.2 We are under a legal duty to provide services that are in conformity with this contract.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Limitation Unless the law requires otherwise, we will not be liable to you for any amount higher than the amount that you actually paid us for the services giving rise to the liability. If we fail to comply with these terms, we are responsible only for foreseeable loss or damage that you suffer as a result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any other loss or damage. Loss or damage is foreseeable only if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen. We will not be liable for any loss or damage caused by you not following the instructions for using our services or breaching any agreement you have with us.
13.2 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; or for breach of your legal rights in relation to the services.
13.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Third parties. We will not be liable for any loss or damage suffered by you, any third party or any property arising out of or in connection with the acts or omissions of any third party, including in circumstances where you were referred to such third party by us or where such third party was recommended to you by us.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
- to provide the services to you; and
- to process your payment for the services.
14.2 We may also with your agreement use certain of the personal information you provide to us to market to you. By using our services you agree that we may use your data relating to you on an anonymous aggregated basis.
14.3 We will only give your personal information to third parties if it is necessary to complete the service you have requested from us, with your consent or where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Force majeure: We shall have no liability to you under these terms if we are prevented from or delayed in performing obligations under these terms by events beyond our reasonable control.
15.3 Update: We may update or change our terms from time to time. The terms that will apply are those in force at the time that services are provided to you. It is your responsibility to check that the terms in place at the time that services are provided to you are acceptable to you.
15.4 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.5 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.6 Intellectual property rights. All copyright in the recipes and other deliverables supplied by us to you are ours. We grant you a limited licence to utilise the recipes supplied by us. You have no right under any circumstances to reproduce the recipes in any medium and they may only be used for your own domestic purposes.
15.7 Entire agreement: These terms constitute the whole agreement between you and us in relation to services we agree to provide you and supersedes any previous agreement between you and us. You acknowledge and agree that in entering into these terms you do not rely on any promise, representation or understanding which is not expressly set out in these terms.
15.8 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.
15.9 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, 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.
15.10 Which laws apply to this contract and where you may bring legal proceedings. These terms and any dispute or claim arising out of or in connection with them or their subject matter or the formation of any agreement between us (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with our dealing with one another (including non-contractual disputes or claims).
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