The Lifestyle Clinic Terms & Conditions

The Lifestyle Clinic is owned and operated by Clinig Byw’n Iach Ltd, a company registered in England and Wales under company number 12670695 and with our registered office at PO Box 233, Llanelli, SA15 9EX

Please read these terms and conditions carefully before enrolling on our programmes. By enrolling, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not enrol.

Introduction

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes.

Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase. If the revised terms apply to any existing provision of services, we will notify you of the changes.

1.  Restrictions
   • You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
   • You shall not enter this agreement if you have an undeclared eating disorder; past or present, diagnosed or undiagnosed
   • You shall not sign participate in this programme should you have a diagnosis of Type 1 Diabetes (unless agreed in writing prior to your enrolment).

2. Acceptance of order

2.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing. 

2.2 If there is any conflict between these Terms and any term of the order, the order will take priority.

2.3 These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 

2.4 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy. You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

2.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. 

3. Provision of Services

3.1 We will supply the services (“the programme”) to you from the date set out in the order for the period set out in the order.

3.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 below for our responsibilities when an Event Outside Our Control happens.

3.3 We will need certain information from you that is necessary for us to provide the services, for example, medical information as set out in this contract. We will request this information immediately upon payment. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 3.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

3.4 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 3.4 but this does not affect your obligation to pay for any invoices we have already sent you.

3.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

3.6 For all our products/ programmes, we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.

3.7 You accept that communication with us will be entirely through e-mail (unless otherwise stated). The service is fully online and all correspondence should be via email unless other prior arrangements have been made with the relevant clinician. We will contact you by e-mail. You agree to e-mail communication and you acknowledge that all contracts, notices, information and other communications that we provide to you via e-mail comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

3.8 Live sessions are usually held on Microsoft Teams/ Zoom and further details will be provided at relevant times. The timing of these sessions are likely to be in the early evenings to ensure maximum attendance. The timing of these sessions may vary but notification will be given via email for those affected. We endeavour to make a recorded version of all live sessions available to those that could not attend, and accept no liability for any delay in the posting of this material.

3.9 We provide medical and health coaching support exclusively for those following the advice in our programme. We do not offer advice for those following other programmes endorsed by other clinicians. (This would include extreme calorie restriction diets).

4. Price and payment

4.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

4.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

4.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

4.4 Payment for services is to be made in advance by credit or debit card using STRIPE or Paypal. Paypal will not be available for those that chose monthly payments. 

4.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base lending rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

4.6 For those that chose to pay with a payment plan, the first amount will be collected at registration and continue on the same day every month until full payment has been received. 

4.7 As part of this programme/membership you will have continued access to the core online materials that are included in the programme for as long as Clinig Byw’n Iach Ltd is running its services. (Core programme includes the Video Library for the chosen programme: Diabetes/Prediabetes/Weight Loss)

4.8 Access to all materials provided for ongoing support will cease at the end of the period specified when you enrolled. This will include the Transform Your Mindset modules, bonus videos, access to the Facebook support community, online drop-in with Dr Frater, individual support with any clinicians/staff either by phone/email/video.

4.9 If comes such point as we decide to not continue to run the programme/membership there will be no right to any refund in relation to loss of access to the online materials after 12months post this date.

5. If there is a problem with the service

5.1 In the unlikely event that you are not happy with the services: please contact us and tell us as soon as reasonably possible & please give us a reasonable opportunity to repair or fix any defect; and we will use every effort to solve the problem within 14 days.

5.2 Please direct all complaints and compliments in writing to Dr Nerys Frater ([email protected])

5.3 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5.4 We are a registered service regulated by Health Inspectorate Wales. Concerns can be raised via their website: www.hiw.org.uk

6. Termination

6.1 Before we begin to provide the services, you have the following rights to cancel our services:

6.2 You may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by emailing your request to [email protected]. We will confirm your cancellation in writing to you. If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order. If goods (for example printed course manual or blood glucose monitors) have already been posted then this will be deducted from the refund amount. 

6.3 If the 14-day period has lapsed then no refunds will be provided for the period in which you were a member. There will be no pro rata refunds after you cancel. Should you cancel, you will remain a member with full access until the end of your annual membership.

6.4 We may terminate this Contract with written notice with immediate effect if at any time you commit any serious or repeated breach or non-observance of any of the provisions of these Terms, if we make a resolution for closing the Course, you commit any fraud or dishonesty or acts in any manner which brings the Course into disrepute.

6.5 Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.

6.6 Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.

6.7 Termination of the membership programme can occur at any time. Cancellation of ongoing monthly payments will result in product access being revoked immediately as well as access to support communities as described in the initial offer.

7. Website Access

7.1 You may download the material featured on this website onto electronic, magnetic, optical or similar storage media or to printer for non-commercial research, private study or in-house use only.

7.2 We reserve the right to withdraw access or amend the service we provide on our sites without notice. We will not be liable if for any reason our sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us. The site is written in English and we do not take responsibility for any translations which are applied to this site.

7.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to anyone else. You must notify us immediately if you are aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.

7.4 The online materials of the Course are held on third party secure servers (Kajabi) and we have taken all feasible steps to ensure that the Course content will be available at all times.

7.5 The materials we deliver as part of your Course do not in any way constitute advice or recommendations. We are providing guidance only for those who have chosen to begin a low-carb lifestyle.

7.6 Clinig Byw'n Iach Ltd is not responsible for the content or reliability of any linked website.

7.7 Listing should not be taken as an endorsement of any kind and The Lifestyle Clinic accepts no liability in respect of the content or for the consequences of following any advice included on such sites. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages or change of site address. The Lifestyle Clinic reserves the right to reject or remove links to any website if we find the site content inappropriate.

7.8 We make every effort to check and test material for viruses. However, it is recommended that you run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

7.9 You may use our site only for lawful purposes. You may not copy, reproduce, sell or distribute any of my content. See full copyright notice below.

8. Disclaimer

8.1 Care is taken to ensure that the web site content is accurate. Nevertheless, this content is provided for general information only, and you use it at your own risk. The Lifestyle Clinic will not be held liable for any damage or loss resulting from any act or omission based on the use of information on the web site.

8.2 Before undertaking any lifestyle change, your medical history (including a full list of medication) must be declared and responsibility for obtaining and sharing medical information will be held by each individual patient. We expect any form of eating disorder to be declared at the outset. This clinic cannot offer individual specialist nutrition advice and requests for specialist dietetic input should be requested by your own GP. We reserve the right to cancel & refund your enrolment at the outset should we deem your needs to be more complex than can be managed by the services purchased.

8.3 Patients that have a diagnosis of diabetes and take medication to treat this condition should not purchase any product on this website that does not offer medical supervision. This will be clearly stated on the payment page, if you are not sure then please ask. Doing so can pose a significant risk to health and is prohibited. Failure to abide by this rule will result in access to the product being revoked and no refund offered. Always seek advice from our team if you are unsure whether your medication poses a risk before your purchase. ([email protected])

8.4 Any lifestyle change may affect your health. Please ensure you are registered with a GP and declare further details in your referral form. It will remain your responsibility to ensure request blood tests and clinical advice from you own GP when requested to do so by our team. Dietary changes may change your biological markers such as blood pressure, lipid profile, blood glucose control, inflammation and pain, weight and the need for medication.

8.5 This clinic will offer advice and monitoring for participants of the Diabetes Clinic only. Only conditions directly linked to Type 2 Diabetes and the metabolic syndrome is covered. All other health conditions and acute illnesses will be the responsibility of your usual GP. We may not respond to queries directly related to your condition for up to one week; if the problem cannot wait then you are expected to seek advice from your usual GP.

8.6 We do our best to educate and provide written information on specific emergency complications of diabetes, such as hypoglycaemia and ketoacidosis, it will however be your responsibility to act if such complication occurs. The Lifestyle Clinic is not intended to diagnose, treat or cure any disease or replace your GP/consultant’s medical advice. No information on this platform should be relied upon to make a medical diagnosis or determine treatment for a medical condition.

8.7 It is the participants responsibility to organise and attend for blood test appointments as recommended by the clinic. It would be expected that you provide a printout/ electronic copy of these results for the attention of our medical team. Blood test may be requested frequently (every 3 months) in the initial period.

8.8 Failure to comply with the above clauses may result in adverse effects, for example hypoglycaemia (low blood sugars) and hypotension (low blood pressure) as well as possible side-effects from other medications. Any ill-health resulting from a failure to provide the medical team with relevant information will not be the responsibility of the medical team. The medical team are only accountable for managing health conditions directly related to the clinic (Type 2 Diabetes, fatty liver disease, hypertension and obesity).

8.9 We do not offer nutritionist or dietetic support. Specific advice on tailored eating plans as well as advice on supplements will not be given to participants in this programme. Whilst we share recipes we do not hold any liability for adverse reactions, effects, or consequences resulting from the use of these recipes.

9. Personal Data

9.1 We process information about you as set out in our Privacy Policy.  By using our site, you consent to the details contained within the Privacy Policy.

10. Your Obligations to us

10.1 You will be expected to interact in a courteous manner and are encouraged to be respectful of others in a group situation. Warnings may be given if this is not upheld. Failure to comply with these recommendations may mean that your rights to attend the clinic or participate online may be withheld. These rules will also apply to comments posted on the website, and any offensive comments may be removed.

10.2 Please allow up to 7 working days for specific queries to be dealt with. 

10.3 You understands and accept that engagement in this Programme and acceptance of the Services is not a substitute for counselling or other therapy services. In the event that you are currently undergoing medical or other professional help concerning your mental or physical health then you should inform your practitioner of the existence of this programme/agreement and the extent of the Services being provided and inform us if appropriate and relevant.

10.4 In the event you have any concerns as to any aspect of the programme you agree to notify us by email as soon as possible. You agree that upon receipt of notification of such concerns that the team will use all reasonable efforts to work with you to resolve your concerns.

10.5 You agree and understand that participation in the Programme does not guarantee results or success. As part of the Programme you will have access to information, resources, people and support all designed to benefit your health and wellbeing but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.

10.6 You accept and understand that any materials and information provided during the course of the Programme and delivery of the Services is for general information purposes only and does not constitute individual medical advice.

10.7 All information I learn about other group members is confidential. I agree that I will not record or share any information about other members of the group in conversations outside the group, or on any form of social media/ public forum.

11. Cancellation Policy

11.1 It is your responsibility to notify us at least 24 hours in advance of the scheduled session to cancel. If an appointment is missed or cancelled within this period, we are not able to offer this appointment to other patients.

11.2 We attempt to be available during the times our patients require.  We recognise that unanticipated events occur. However, out of respect for both our practitioners and our patients who are trying to rearrange their busy schedules, we try to encourage patients not to cancel appointments last minute or not arrive for a scheduled appointment.

11.3 If The Lifestyle Clinic cancel a session (or part of) for any reason we will endeavour to give you as much notice as possible. If we need to cancel a part of a session for any reason we will offer to reschedule as soon as possible or offer a pre-recorded session if not. No refunds will be offered except in extenuating circumstances. No additional compensation will be offered in relation to additional costs incurred by you in relation to attending a booked session which has been cancelled by us.​

11.4 Cancelling a Group Consultation. Due to the nature of our programmes (group consultation) the clinic itself will go ahead and a recording of the session made available afterwards.

11.5 Cancelling and Individual Appointment. For patients that have individual appointments they may cancel or reschedule an appointment without charge prior to 24 hours in advance or by the end of business hours (6:00pm), the day before the appointment. We will only allow rescheduling of a single appointment up to three times before we would consider this a full cancellation. The only exception to our cancellation policy is emergency hospitalisation.

11.6 Missed Appointments. Out of consideration and respect, if you do not attend for a scheduled appointment and do not provide any type of advanced notice, you will be charged the full price of the scheduled visit.

12. Our obligations to you

12.1 We guarantee you the course is of satisfactory quality and reasonably fit for the purpose intended, for which you purchased it.

12.2 Due to the nature of lifestyle changes, your success is dependent on various factors over which we have no control, we do not guarantee any particular results.

12.3 We will strive to ensure that all information that we present is correct and up-to-date but we will not be liable for any claims arising from such information being incorrect or out-of-date.

12.4 You agree that your personal data will be processed by and on behalf of us as part of us providing the Course to you and consent to us using it in accordance with our Privacy Policy.

13. Copyright

13.1 We are the owner of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Course (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials to you or to any other person.

13.2 You may not copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way, any of the Materials included in the Course.

13.3 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

13.4 You must not use any part of the materials on our site for commercial purposes. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

14. Liability

14.1 We shall not be liable for any loss, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into this programme.

14.2 Our total liability shall in all circumstances be limited to the price paid by you for the programme.

14.3 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

14.4 We shall not be not liable for additional costs incurred by you as a result of changes in - the course, or printing of any of the Materials or blood glucose machine and/or testing strips.

14.5 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.6 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a)    fraud or fraudulent misrepresentation;

(b)   death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

15. Circumstances beyond our control

If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms: you will be notified as soon as reasonably possible; and the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.

 

16. Booking Policy

16.1 Individual Appointments. A link to access the relevant practitioner’s diary will be given to allow you flexibility in choosing dates and times. We try to be offer as many dates as possible and endeavour to be able to pre-book up to one month ahead.

16.2 The minimum booking time is within 72hrs.

16.3 Large group sessions: No prior booking will be required for these. Links will be provided before the session.

16.4 Small group sessions: These will be fixed dates and times and will be sold as a set amount of sessions (eg six). Please ensure that you can attend these sessions prior to booking as we are not able to refund once these sessions have been commenced. You will be notified of these dates on the website.

17. Miscellaneous

We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

This contract is only between you and us. No other third person shall have any rights to enforce any terms.

Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.

18. Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy Page (https://www.thelifestyleclinic.co.uk/pages/privacy-policy)

 

Contact Us

Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to The Lifestyle Clinic, PO Box 233, Llanelli, SA15 9EX or [email protected]

Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.