These Terms and Conditions and Conditions govern the relationship between the Parties.
BETWEEN THE PARTIES
Nourishher.byFilipa, 1West Midlands, United Kingdom (‘Filipa Borlinhas’)
- AND-
You are the client, and Your details are set out on the Client Details Form.
Filipa Borlinhas specialises in nutrition and diet counselling for women’s healthy eating, pregnancy, postpartum, PCOS, and endometriosis (the ‘Services’).
You have engaged Filipa Borlinhas to provide the Services. By continuing to work with Filipa Borlinhas after receiving these Terms and Conditions, You accept the Terms and Conditions and agree to the below.
These Terms and Conditions are read in conjunction with the Invoice provided to You at the time of providing these Terms and Conditions (the ‘Invoice’).
(a) Filipa Borlinhas agrees to perform the Services for You, for the Fees, as set out in the Invoice.
(b) Filipa Borlinhas agrees to commence the Services upon acceptance of these Terms and Conditions, and upon payment of the required fees as invoiced to You.
(c) Filipa Borlinhas will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Services (the 'Refund').
(a) You agree to pay Filipa Borlinhas the Fees set out in the Invoice.
(b) The Fees payable to Filipa Borlinhas to perform the Services may be adjusted from time to time as agreed by the Parties in writing (including email) on account of changes in relation to the nature of the Services to be Performed by Filipa Borlinhas.
(c) You agree to make Payment of the Fees upon receipt of Invoices from Filipa Borlinhas, and by the due date on each Invoice.
(d) You agree to make payment of the Fees using Stripe. By completing a booking, you authorise Filipa Borlinhas to securely process and store your payment details through Stripe’s encrypted system, and to charge your chosen payment method to confirm future appointments up to one week in advance.
(e) Payment is due within 7 days of the date of any invoice. After the 7-day period any outstanding sums become an unpaid debt. Filipa Borlinhas reserve their right to seek statutory interest on any unpaid debts, and is entitled to charge You interest at the rate of 5% per annum, calculated daily.
(f) You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by Filipa Borlinhas for steps taken to enforce payment Terms and Conditions will be recoverable and payable by You.
(g) You acknowledge and agree that Filipa Borlinhas is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
(h) If applicable, unless otherwise stated, all amounts are listed in Pounds Sterling (GBP). No VAT is charged as the business is not registered for VAT.
(a) Filipa Borlinhas will maintain Registered Dietitian status.
(b) You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Filipa Borlinhas’s relationship with you, its educational materials and interactions with you. As such, you agree that Filipa Borlinhas is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
(c) You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
(d) You agree to release and discharge Filipa Borlinhas from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Filipa Borlinhas.
Clients must provide accurate and complete information regarding health history, medications, symptoms, and lifestyle.
Clients should consult with their physician or other healthcare providers regarding any medical concerns.
Clients must inform the Dietitian of any changes in health status.
The Dietitian does not diagnose medical.
The Dietitian does not interpret lab results for medical purposes or provide medical treatment.
The Dietitian does not prescribe medications.
The Dietitian does not perform surgical, invasive, or high-risk procedures.
The Dietitian does not replace the care or advice of other licensed healthcare professionals.
(a) Bookings for the Services must be arranged by contacting Filipa Borlinhas directly, either via Instagram direct message or by email to [email protected]. Upon receiving your enquiry, a schedule of available appointment times will be provided, and you may then select and confirm your consultation from the options offered, on the client booking system (the ‘Booking System’).
(b) You must notify Filipa Borlinhas of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following (‘Cancellation Policy’).
(c) Should You wish to reschedule or cancel a booking for any reason, a minimum of 2 days’ written notice must be provided to [email protected]. If You request to reschedule or cancel within 2 days of Your appointment, You will be required to pay a cancellation fee equal to 50% of the consultation fee. Payments made in advance via Stripe will be refunded at 50% of the original amount, with the remaining 50% retained as the cancellation fee.
(d) In the unlikely event that Filipa Borlinhas needs to cancel or reschedule your appointment, you will be notified as soon as reasonably possible via email or direct message. You will be offered an alternative appointment time at no additional cost. If no suitable alternative time is available, any fees paid in advance for that appointment will be fully refunded via Stripe. Filipa Borlinhas will not be liable for any additional costs, losses, or expenses incurred as a result of the cancellation.
(e) Filipa Borlinhas may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
(a) Filipa Borlinhas will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Filipa Borlinhas makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
(b) The Services do come with guarantees that cannot be excluded under the UK Consumer Rights Act 2015. For major failures with the Service, You are entitled to cancel Your Service contract with Filipa Borlinhas and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the UK Consumer Rights Act 2015 and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
Communication with clients will be via email, direct message on Instagram, or through the messaging service on Nutrium unless otherwise agreed in advance. Electronic communications are not totally secure and I cannot be held responsible for damage or loss caused by viruses. My usual business hours are 9:30am until 3pm, Monday to Friday. Outside of these times responses to any communications may not be read or responded to. Please be aware that as part of the content strategy for my business, social media posts may be uploaded to social channels outside of these hours.
Services are provided to you with reasonable care and skill. Forseeable risks which could arise include not achieving desired health or weight outcomes, adverse reactions to dietary changes, misunderstanding or incorrect implementation of advice, reliance on our services instead of professional medical care, or technical issues with online consultations, communications, or payment/booking systems. I will take all steps to avoid such an occurrence and any liability to you is limited to the amount of any fees paid.
Filipa Borlinhas’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
There will not be no liability to you for any delay or failure to perform our obligations if the delay or failure is caused by circumstances outside my reasonable control.
(a) All obligations of confidence set out in these Terms and Conditions continue in full force and effect after the completion of the Services.
(b) Filipa Borlinhas may disclose Confidential Information to its agents, employees or servants, authorised health service providers and for the purposes of practice research and quality assurance and improvement with Your prior consent.
(c) Subject to 8(b), these Terms and Conditions prohibit the disclosure of Confidential Information by both Parties with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other Party has consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of the other Party.
We are committed to protecting your data. Our privacy policy is available at [INSERT LINK TO YOUR PRIVACY POLICY]. Your privacy and the protection of your personal data is important to me, here is a summary how it will be handled:
Apart from as outlined below, your data will only be used and processed in connection with the performance of the services listed above;
Your personal data will be kept confidential and will never be shared with unconnected third parties. It will be shared with third parties such as an accountant to allow them to perform accountancy functions;
Your data will be kept secure at all times and only stored electronically on devices which are password protected;
In order to ensure that the data held is accurate, all data will be obtained from you directly;
Your data will be stored for the minimum number of years following completion of the services to allow compliance with insurance obligations; and
All data collected will be limited to that which is necessary to allow the services to be performed.
(a) If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) A party to these Terms and Conditions claiming a dispute (the Dispute) has arisen under these Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘the Notice’).
(c) On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
(d) If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator.
(e) It is agreed that mediation will be held in Victoria, with the venue to be agreed.
(f) The parties agree to be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
(g) All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
(h) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
These Terms of Business are my/our standard terms and conditions of business and should at all times be construed in accordance with the laws of England & Wales.
The courts of England & Wales will have exclusive jurisdiction in relation to any claim, or dispute arising out of this engagement or any matter arising from it.
Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
Both You and Filipa Borlinhas confirm and acknowledge that these Terms and Conditions and the Invoice constitute the entire agreement between You and Filipa Borlinhas and shall supersede and override all previous communications, either oral or written, between the parties.