Terms and Conditions
These are the terms and conditions which govern the sale of our services and programs. They should be read alongside our privacy policy and disclaimer which can be found on our website (link in the footer).
By entering and using this website www.sujatadin.com, and/or using the blog, emails, programs, services and/or products, all visitors are bound by these Terms and Conditions below. Thus, if you do not agree to the terms and conditions, stop now, as I kindly request that you do not use the website, blog, emails, programs, services or products.
These Terms and Conditions are the standard terms which apply:
to provision to customers of any Services (as “Services” is defined in Clause 1 below) by Sujata Din Private Limited, Company Number 10350152 whose registered office is at Birchin Court, 20 Birchin Lane, London, EC3V 9DU United Kingdom; and
where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” |
means any business, trade, craft, or profession carried on by You or any other person/organisation; |
“Consumer” |
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer who receives Services; |
“Data Protection Legislation” |
means the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) as amended or replaced from time to time |
“Regulations” |
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
“We/Us/Our” |
means Sujata Din Private Limited whose place of business and contact address is the same address as above |
“Services” |
means any and all of the programs, services, products and other goods and materials which we provide/use; and |
“You/Your” |
means an individual who is a visitor the website, customer or client |
2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1. “these Terms and Conditions” is a reference to these Terms and Conditions; and
2. a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
3. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
4. Words signifying the singular number shall include the plural and vice versa; and
5. References to any gender shall include the other gender.
2. Appointments
1. The Services which We offer are only available by appointment. You may book an appointment by email or phone;
2. Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request for a particular appointment, will there be a binding contract between You and Us.;
3. When You book an appointment, We may require You to pay Us a deposit some or all of which We will be entitled to keep as set out in sub-Clause 2.7 below if You later cancel the appointment without giving Us prior notice of at least 24 hours. Deposits shall be equal to no more than 50 % of the price of the Services required;
4. We will not reserve or guarantee any particular date and/or time which You request for any Services unless You book an appointment for that time/date;
5. If You know You are going to be late for an appointment, You should contact Us to tell Us. If You arrive or start the consultation later than 15 minutes after an appointment time, We will try to provide the Services You have booked but if We decide that We cannot, the appointment will be treated as cancelled without notice by You and, if We then decide to make a charge for that appointment cancelled without notice, sub-Clause 2.7 below will apply;
6. You may cancel an appointment without charge if You give Us at least 24 hours’ prior notice of the cancellation, and if You do so We will refund to You any sum (including, but not limited to any deposit) You paid in advance;
7. If You do not give Us at least 24 hours prior notice of cancellation of an appointment, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but not more than 50% of the full price of the appointment. We will be entitled to deduct that charge from any sum (including, but not limited to any deposit) You paid in advance, and We shall refund the balance to You;
8. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an appointment without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 2.5 and 2.7;
9. We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:
An event outside of Our reasonable control continues for more than 1 day; or
We find that you are not a “Consumer” (as defined in Clause 1 above);
If We cancel an appointment in such circumstances We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment;
10 We will use all reasonable endeavours to start the Services at the appointment time which You have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 15 minutes, or, if at any time before or after You arrive for an appointment We notify You that there will be a delay of at least that time, You may cancel the appointment and We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment; and
3. Fees and Payment
www.sujatadin.com may offer goods or services (“product”) for sale on behalf of Sujata Din Private Limited. By placing an order through www.sujatadin.com you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability. Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Sujata Din Private Limited will not be responsible. In order to contract with Sujata Din Private Limited through www.sujatadin.com you must be over 18 years of age and possess either an account with Paypal or a valid credit or debit card issued by a bank acceptable to us or make payment to our bank account. Sujata Din Private Limited and www.sujatadin.com retain the right to refuse any request made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the bank account, Paypal account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s). All prices advertised are subject to such changes.
While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Please note once an online product you have purchased has been delivered to you, no refunds will be made available.
Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
You must pay in accordance with Our Price List for all Services before the appointment;
You may pay Us for Services using cash, bank transfer, Stripe or Paypal. We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book an appointment and the date of the appointment, the price increase will not apply to Your appointment for those Services on that date. All prices of Services shown in the Price List are inclusive of VAT.
4. Eligibility
You confirm that, in connection with your request(s) to receive any Services from Us, You are and will be a “Consumer” as defined in Clause 1 above;
We will not provide certain treatments to You if You are aged under 18 unless You have parental consent. We may require evidence of Your age for that purpose;
5. Third Party Resources
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Sujata Din Private Limited or www.sujatadin.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Use of the Site and Intellectual Property
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Unless otherwise stated, copyright of all articles, blogs, information and materials found on www.sujatadin.com belongs solely to Sujata Din Private Limited. You may not reproduce or redistribute the articles, blogs, information, and materials found on www.sujatadin.com without the express written permission of Sujata Din Private Limited. Furthermore, the Site contains intellectual property owned by Sujata Din Private Limited. including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Sujata Din Private Limited name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer to access our site and should use your own virus protection software. You should not misuse our site by knowingly introducing viruses or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server, computer or database connected to the site.
7. Limitation of Liability
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, Sujata Din Private Limited can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of www.sujatadin.com or your relationship with Sujata Din Private Limited.
1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
2. We provide or sell all Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
3. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation;
4. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
1. the Consumer Rights Act 2015;
2. the Regulations;
3. the Consumer Protection Act 1987; or
4. any other consumer protection legislation
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
8. Changes to Terms and Conditions
The owners and operators of www.sujatadin.com may revise these Terms and Conditions from time to time so please check back regularly to ensure you are familiar with the current version. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
9. How We Use Your Personal Information (Data Protection)
1. In so far as the Services involve Us in collecting, using, or holding or otherwise processing any data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Legislation and Your rights under that Data Protection Legislation and these Terms and Conditions;
2. We may use Your personal information as follows:
to provide Our Services and market our services to You;
to process Your payment for the Services;
We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
10. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
11. Information
As required by the Regulations:
all of the information described in Clause 10; and
any other information which We give to You about any Services which You take into account when deciding to make a booking or when making any other decision about the Services;
will be part of the terms of Our contract with You as a Consumer
12. Complaints
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint, please raise the matter with Sujata Din who can be contacted at sujata@optimum-nutrition.org
13. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
14. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
15. Law and Jurisdiction
1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Entire Agreement
These Terms and Conditions, along with Disclaimer and Privacy Policy posted on www.sujatadin.com constitutes the entire agreement between you and Sujata Din Private Limited pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by Sujata Din Private Limited. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Sujata Din Private Limited. The subject headings of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.