INTRODUCTION

• These are the Terms of Business which govern our sales of our nutrition and fitness programmes as listed on our website.

• They should be read in conjunction with our privacy policy which can be found on our website.

• This constitutes a legal agreement between us and you. Please read it carefully.

• Please note that we do not provide medical advice. When following our Programmes you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.

• We will assess your suitability for our Programmes prior to commencing them and any medical and/or health issues must be declared prior to commencement.  Any withholding of information may be detrimental to your outcome or your health and we cannot be responsible if information is withheld and for any health issues as a consequence of withholding information.

1. INFORMATION ABOUT HOW TO CONTACT US

1.1 Who we are. Emma Sousa - Nutritional Coach & Fitness Advisor, registered at 77 Avondale Avenue, Barnet, EN4 8NB, United Kingdom.

1.2 How to contact us. You can contact us by email at hello@emmasousa.co.uk

1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2. The Programmes

2.1 All the meals contained within our programmes are suggested and no set plans will be given. If you have specific needs for any health issue we can refer you to a dietician for specific dietary requirements.

2.2 Our ethos. The programmes have been created in line with our personal ethos which is sustainability and enjoyment of food.  We are here to guide you and advise you.  We do not guarantee any outcomes after joining one of our programmes.  It is your responsibility to follow advise and adhere to the programme.

2.3 Allergies. You must notify us of any allergy or intolerance and you will be provided with advice on how to remove or replace ingredients using the programme. Please note, however, that you are responsible for all your own food and health choices pertaining to this.

2.4 We are not licensed to prescribe or recommend supplementation or medication.  You should seek advise from a registered medical professional or dietician.

2.5 Fitness training plans. All training plans are for guidance only. They can be modified to accommodate injury or illness as you wish.  You will receive details on the exact structure to follow; meaning the duration, repetition, range and amount of sets. This also includes guidance or correct lifting techniques through video links if this is required. Due to strength being such an individual consideration, weight on the resistance training section will never be specified and this is something you will have to discover through carrying out the exercises.  The exception is with 121/in person training where we will set and monitor weights used.

2.6 You must submit the correct health and personal information before commencing any of our programmes. All your personal information will be kept securely and will not be shared with any third parties.  Please see our privacy policy availalble on our website.

2.7 Photos. As part of the programmes we ask for progress photos as part of the process.  Any photos you provide will need to be taken in swimwear or equivalent so that body composition can be assessed. Please note that we take privacy extremely seriously, and we take all reasonable precautions to ensure that these photos are stored securely. Nevertheless, we recommend that you to anonymize the photos provided to us by, for example, cropping your face (e.g. either taking a photo of your neck down or cropping the image using a photo editing application before you upload it). This will assist us in preserving your privacy should a security breach occur.

2.8 Timing.  Our plans are subject to specific timeframes and except in exceptional circumstances should be completed within the timeframe.  There will be an initial pre-preparation week in order that you get the maximum time out of your programmes. So for example our 8 weeks programme will have a week of preparation post our initial meeting and therefore the programme will run for a total of 9 weeks in most cases.

3. SUPPORT

3.1 We are on hand most times but respectfully request you adhere to certain hours as and where possible.  We understand sometimes this is not possible and evening and weekend calls/whats apps/email is required and we can pre-arrange times to suit both you (The Client) and us (The Service Provider)

(a) Monday to Thursday: 09.00 to 17.00 GMT

(b) Friday: 09.00 to 16.00 GMT

(c) Saturday: Closed

(d) Sunday: Closed

(e) UK Bank Holidays: Closed

(f) Christmas and New Year: because of the nature of the programmes we will continue to work over the holidays but times may be more limited and responses slightly slower than usual.  We continue to support you throughout the year regardless.

4. HOW YOU MAY USE MATERIAL WE PROVIDE

4.1 We are the owner or the licensee of all intellectual property rights in our programmes. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You must not use any part of the content of the programmes for any purpose other than your personal fitness and nutrition.  We ask that you do not share the information with any third parties. All programmes are specifically tailored to you.

5. PROVIDING CONTENT

5.1 We will keep your private information confidential. You may provide us with private information, such as health information and photos, as part of your participation in a programme. We will take all reasonable precautions to ensure that all such information is stored securely and kept confidential. Please also see our privacy policy.

5.2 We may ask your permission to publish the photos. We may contact you to ask permission to publish the photos. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.

6. OUR CONTRACT WITH YOU

6.1 When you purchase one of our programmes a legally binding contract is formed once we have sent you a confirmation email that you have been accepted onto the programme.  You are also agreeing to our Terms & Conditions by joining one of our plans.

6.2 We may refuse to work with you for medical reasons.  Should there be cause for concern we may request written permission from your doctor or a medical professional before commencing work with you.  

6.3 If you commence one of our workout programmes you confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.

6.4 Because of the nature of the way our programme are structure we can work with clients from around the world.  We are however based in the UK and therefore follow UK guidelines and laws and this should be taken into consideration upon commencement of any programme with us.

7.5 Our programmes are primarily aimed at women. We do accept that men may want to work with our programs, however, we do not permit men in our Facebook Groups as they are a safe space for our female clients.

8. PROVIDING THE PLAN

8.1 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the programme to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the programme late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.2 We may have to temporarily suspend the supply of a programme if either you (The Client) or Us (The Service Provider) falls ill or has a family bereavement which means either party cannot attend meetings, calls etc. within reason.  This should be a temporary suspension and a timeframe should be agreed between the two parties.

8.3 Your rights if we suspend the supply of plan. We will contact you in advance to tell you we will be suspending supply of the programme, unless the problem is urgent or an emergency. If we have to suspend the provision of the programme for longer than one week in any 90 day period we will add the remaining time onto the end of the programme or adjust the price so that you do not pay for the full programme if the first option is not available to you due to your ongoing commitments. You may contact us to end the contract for a programme if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the programme in respect of the period after you end the contract.

8.4 We may also suspend supply of the programme if you do not pay. If you do not pay when you are supposed to and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of any elements of the programme until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the programme. 

9. YOUR RIGHTS TO END THE CONTRACT

9.1 Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.

9.2 If you have opted to pay by instalments: you may not terminate the plan after the 14 day cooling off period. Your payments will be collected on a monthly basis, from the date of purchase until the program is paid in full.

(a) If you have just changed your mind about the programme you may request to cancel your membership within 14 days of the order;

(b) If you have opted to pay by monthly instalments: you may not terminate the plan after the 14 day cooling off period.Your payments will be collected on a monthly basis, until the full amount has been paid.  We reserve the right to use our discretion when offering refunds/cancellation of programmes;

(c) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;

(d) If you are ill or injured and cannot complete the programme midway through it, we can suspend or delay the programme until you are back to full health.  Any part refunds due to not being able to complete the programme are at our discretion.

9.3 Ending the contract because of something we have done or are going to do. If:

(a) we have told you about an upcoming change to the programme;

(b) we have told you about an error in the price or description of the programme you have committed to and you do not wish to proceed;

(c) you have a legal right to end the contract because of something we have done wrong, you may end the contract and we will refund you in full for any cycles of the programme which have not been provided.

Please note instalment payments are at the discretion of Us and we reserve the right to request payment in full upfront.

9.4 HOW TO END THE CONTRACT WITH US

10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:

(a) Email. Email hello@emmaosua.co.uk

(b) Online. Complete the ‘Contact’ form on our website and we will contact you.

(c) By post. Or simply write to us at 77 Avondale Avenue, East Barnet. Herts EN4 8NB

10.2 Where applicable, we will refund you the price you paid for the programme. 

10.3 If your refund is authorised. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.

11. OUR RIGHT TO END THE CONTRACT

11.1 We may end the contract if you break it. We may end the contract for a programme at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the programme; or

(c) in respect of a programme if you are suffering an illness, injury or condition that we deem out of our scope of practice.

12. IF THERE IS A PROBLEM WITH THE PRODUCT

12.1 How to tell us about problems. If you have any questions or complaints about our services, please contact us by writing to us at hello@emmsousa.co.uk

12.2 Summary of your legal rights. We are under a legal duty to supply programmes that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the programme. Nothing in these Terms of Business will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says digital content, if applicable, such as the 30 Day Plan Based Challenge, must be as described, fit for purpose and of satisfactory quality:

• if your digital content is faulty, you are entitled to a repair or a replacement

• if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

• if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation

13. PRICE AND PAYMENT

13.1 Ways to pay. Goods must be paid for in advance. Programmes may be paid for by a one off payment or payment plan option or payable by monthly instalments until the program is paid in full, if agreed by us prior to commencement.  An administration fee or equivalent may be payable to set up the instalments option and this fee will be non-refundable.

13.2 Where to find the price for the Programme.  The fee for the Programme is the following two options: 1 payment (due today) or instalments. If you select instalments (subject to our prior agreement), you will pay the first instalment today, and an additional monthly payments from the date of purchase until the program is paid in full. If you choose to pick this option, you are responsible for all payments unless a refund is requested according to the terms further outlined below. The fee for a Service is a recurring charge that will be as quoted on our site from time to time, except in cases of obvious error.

(a) Please note that if you choose the installment option Emma Sousa - Nutritonal Coach & Fitness Advisor retain the right to suspend access to any programme or service if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the Plan or Service may be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account.

(b) We reserve the right to collect all monies due or overdue either in lump sum or instalments for the programme or part programme already completed. However, we will always work with a customer to help them to pay off an outstanding debt if communication lines remain open.Should you have any account questions you can email emma_sousa@aol.com at any time.

13.3 All prices quoted are inclusive of VAT

13.4 We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused by Stripe, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method. If the funds have not been received within five days of the due date, a £15.00 admin fee will be charged. At this stage, the programme  will go on hold until the balance is paid. If payment is not received within five working days, a further email will be sent advising you that if outstanding funds are not received we reserve the right to pass your details over to our chosen debt collection agency to enable us to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.  In the case of suspension you will forfeit the time of suspension and it will not be extended to the end of your programme except under certain circumstance and at our discretion.

13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. 

13.6 We are not liable for any charges that your bank may add to transactions.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

14.1 We do not provide medical advice. When following a fitness or coaching programme you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.

14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.3 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; for breach of your legal rights in relation to the programmes; and for defective programmes under the Consumer Protection Act 1987.

14.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.5 We are not liable for business losses. We only supply the programmes for domestic and private use. If you use the programme for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. HOW WE MAY USE YOUR INFORMATION

15.1 How we will use your personal information. Please see our privacy policy on the website.

16. OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.

16.3 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.

16.4 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.

16.5 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 of Business, 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. For example, if you miss a payment and we do not chase you but we continue to provide the programme, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by UK law and you can bring legal proceedings in respect of the  programme in the English courts.  The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.

16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

17. OUR COMMUNITY GUIDELINES

17.1 Our online Communities in both our Facebook groups as well as any Apple and Android apps we may introduce are exclusively for women who want to learn more about any of our programs. When posting or commenting in one of our Communities, you agree to comply with these Community Guidelines, in addition to Facebook’s Terms of Use (available at https://www.facebook.com/terms) and Community Standards (available at https://www.facebook.com/communitystandards/). Both ourselves (The Service Provider) and Facebook have the right to remove any content or members that breach these terms.

17.2 Membership in the communities is a privilege and separate from any program purchase. It is for program support and advice, not for complaining and disputes. For any account questions or complaints, email hello@emmasousa.co.uk

17.3 Be kind and courteous. Our communities were established to create a welcoming environment and offer support. Treat everyone with respect. Healthy debates are natural, but kindness is required. In order to support the positive atmosphere of this group, we will remind members twice regarding rules. A 3rd violation will result in removal from the group.

17.4 Be respectful of the vegan community. We have many different food lifestyles in our communities, but we ask to keep conversations to vegan/plant based foods.  If you require advise on non-plant based foods then please message us direct via email.

17.5 No coaching, lives or instructional videos. We encourage members to join in with the discussion in the groups but to refrain from giving unsolicited advice.  There is a strict no advertising policy and no private messaging fellow members in order to obtain them as clients

17.6 Respect everyone’s privacy. Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What’s shared in the group should stay in the group.  Under no circumstances should any content be shared outside of the group.

17.7 No spam, social media or website links. We ask that you respect that this group is for our program content only. Please keep posts relevant to our/your programs. Do not share links or companies unaffiliated with us. If we feel your posts are irrelevant to the group, or in any way promoting yourself for followers or clients, they will be removed.

17.8 No activism. We are an inclusive community. We prefer to keep things program based and educational and relevant to fitness and nutrition.

17.9 No medical advice to be requested or given. Please respect that the Facebook groups are for support and advice in relation to programs only. Do not ask for medical advice, as we are not medical providers. Do not attempt to give any medical advice, as you are not a medical advisor. If you feel you need help with a medical issue, please reach out to your own local medical provider as soon as possible.

18.0 No posting program details. All programmes are bespoke and tailored to you and therefore in order not to cause confusion we respectfully ask that you do not share programme content on the Facebook platform.

19.1 We reserve the right to remove any post or comment in our online communities at our discretion. If you see a post or comment in one of our communities that violates our guidelines, please report it to the group administrators by sending a screenshot or link to the post. If you see content or receive a private message from one of our community members that violates our guidelines, please report it to us at hello@emmasousa.co.uk