TERMS AND CONDITIONS
This website is owned and managed by Illuminated Health Limited (“IHL”, “us”, “we”, “our”).
These Terms and Conditions apply to any and all users of our website, clients and recipients of our services.
By accessing and using this website or our social media platforms (collectively “Website”) and/or by engaging us to provide you with our services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to be legally bound by these Terms, you may not access or use our Website for the purposes of accessing our services.
These Terms relate to the services provided by IHL, represented by Varsha Khatri a qualified nutritionist, senior yoga teacher, Ayurvedic health specialist and a holistic health educator who helps her clients achieve their health goals by combining the science of health and nutrition with yoga.
These Terms must be read in conjunction with our Privacy Notice, which is available on our Website. We are committed to ensuring the security and privacy of your information and our Terms and Privacy Notice explain in more detail the categories of information we collect from you, and the purposes for and the manner in which the information is processed and used.
- Contractual Relation
- These Terms constitute a contractual relationship between IHL and yourself.
1.2 For the purposes of these Terms, IHL and the client shall collectively be referred to as “the Parties” and individually as “a Party”.
- The Parties agree to be bound by these Terms for the purposes of the supply of services by IHL.
- Our Services
- IHL provides the following services:
- One-on-one nutrition and health consultations
- Health courses and programmes which consist of a combination of live group coaching sessions and online courses/modules that you can complete at your own pace within the stipulated course duration
- Yoga with Varsha monthly membership which will give you access to a library of yoga videos and resources
- Functional health testing carried out by private accredited medical laboratories for the purposes of nutrition consultations
- Please note that along with these general Terms, there may be terms and conditions specific to our services. Before signing up for a service we encourage you to read the terms and conditions pertaining to it, as your use of the service will be governed by such terms and conditions.
- Please note that our services can be used by independent adults who are 18 (eighteen) years of age and above.
- If you are seeking services for your children or anyone that is below 18 years of age (“Minors”) you confirm that you are a parent and/or the legal guardian and have the necessary authority to seek assistance for the benefit of the Minor. You agree that you are fully responsible for disclosing any allergies, intolerances, health conditions suffered by the Minor or any medication being taken by the Minor that may be relevant and/or that we must know for the purposes of providing our services for the benefit of the Minor. We shall not be liable for any consequences resulting from your failure to disclose the Minor’s medical history and/or any other health conditions or intolerances.
- Please note that we reserve the right to refuse providing services to you and/or a Minor if we feel that the assistance required is outside the remit of our expertise. We shall not in any way be held liable for refusing to provide services.
- We do not provide any emergency services of care for acute medical conditions or where medical treatment or diagnosis by a qualified physician or medical/healthcare expert are needed.
- We do not, under normal circumstances prescribe any controlled or off-license medication.
- Please note that our consultations do not involve physical examinations. It is therefore crucial that you provide us with accurate, complete and all relevant information, reports, diagnoses, if any and any medical history relating to you (“Your Records”). We do not assume any liability for therapy suggested/nutritional programmes designed on the basis of inaccurate or incomplete information relating to Your Records.
- Our services are in no way intended or designed to replace the services of your NHS (National Health Service) care provider, private General Practitioner (“GP”), hospital and/or any other qualified medical expert/physician or consultant.
- You agree that the services provided by IHL are only supplementary to any medical advice and/or treatment that you are receiving or should receive from your NHS care provider, private GP, hospital and/or any other qualified medical expert/physician or consultant and that our services do not replace, substitute or in any way supersede the above.
- If you were/are on medication or on a course of treatment prescribed by your NHS care provider, private GP, hospital and/or any other qualified medical expert, you agree to inform them about the services and consultations you are receiving from us.
- Your use of our services will be subject to these Terms and shall be construed as your consent to be legally bound by them.
- Enrolment
- Our services are available for purchase via our website:
- https://illuminatedhealth.com/services/
- Once you select the service you would like to purchase you will be prompted to proceed to checkout. Once you have proceeded to checkout you will be prompted to create an account from which you can select our services and make payment.
- If you qualify for a free trial, you may still be prompted to enter credit card details.
- You can pay via debit or credit card. Please note that we use Stripe as our payment platform. All details entered by you are collected and processed by Stripe for the purposes of facilitating payments. We encourage you to read Stripe’s terms and conditions (https://stripe.com/legal/end-users) and privacy policy (https://stripe.com/en-gb/privacy) to learn about how payments are facilitated and how your personal data is collected and processed by Stripe.
- Once you have purchased a service, you will receive an email explaining the next steps (depending on the service you have purchased).
- Online consultations are available to clients in the UK and overseas. Please note that all overseas clients will be bound by these Terms as well as our Privacy Policy, which is compliant with the General Data Protection Regulations 2016/679 (“GDPR”), the UK GDPR and the UK Data Protection Act, 1998.
- Should you have any questions about booking your consultation as part of the service purchased on our website, please email us at varsha@illuminatedhealth.com.
4 Data Collected
- All information collected and supplied by you to IHL will be treated as confidential and only processed to provide our services to you or as described in this section and in our Privacy Policy. Please take the time to read these as they are integrated into these Terms and include important terms that apply to the collection, storage, and use of your Personal Data.
- For the purposes of Data Protection Laws, the Data Controller is IHL. When you purchase a service from us, we may ask you to fill out a health questionnaire. The health questionnaire will identify you and may ask you to share certain sensitive personal information such as details about your health and/or medical history. By filling out and submitting the health questionnaire you consent to your Personal Data being processed by us for the purposes of providing services best suited to you.
- The primary purpose for which we will collect and use your Personal Data is to provide our services to you and/or for the conduct of our operations. In addition, your Personal Data, or, where you are unable to access our services directly by reason of being a Minor or by reason of being a person who is physically and/or mentally incapable of doing so, the Personal Data of your legal guardian/ caregiver/emergency contact will be collected and used for the purposes of due diligence and identity verification.
- Our Privacy Policy outlines the details of the Personal Data we need to collect for due diligence and identity verification of the legal guardians and/or emergency contacts who approach us for the benefit of clients who are Minors and/or who are physically and/or mentally incapacitated and therefore not able to use our services directly.
- We may make audio and video recordings of your sessions and/or appointments with us (“Appointment”) for clinical governance purposes. We assure you that all such Personal Data will be treated as confidential and will be held strictly in accordance with, and as long as required, under Data Protection Laws and our internal policies and procedures.
- Whilst IHL encourages you to inform your NHS care provider/ GP/ any other qualified physician or medical expert of any health concerns you may have discussed with us, we will not share information with your NHS care provider/ GP/ any other qualified physician/medical expert unless we have your express written permission to do so or where there is an overriding public interest or a duty of care towards you or otherwise in disclosing the information without your consent. This is in accordance with the General Medical Council’s guidance which may from time-to-time change.
- We may share aggregated anonymised data with third parties in order to monitor our services and to ensure consistent quality and safety relating to the services provided to clients.
- We will generally share your information/Personal Data with persons nominated as your ‘Emergency Contact’ or where an ‘Emergency contact’ has not been nominated, with the next of kin, if you have expressly asked us to do so, or in cases of emergencies and where the interests (health) of the client over-ride our obligation of confidentiality. For such circumstances it shall be deemed that the client has consented to their information being shared with the Emergency Contact or next of kin. You can also name other people, with whom you would like us to share information about you, in which case we will carry out a due diligence on such persons and request them to submit relevant personal information for the purposes of the due diligence. We make best efforts to ensure that information provided to third parties, over the telephone or otherwise is restricted to those you have named, and we share this information on a need-to-know basis only and subject to a satisfactory due diligence. Sometimes this means refusing to disclose information about you to someone who feels they should know about your treatment and progress. Please make your family and friends aware of this. For the purposes of our Privacy Policy and these Terms “need to know basis” means that the recipient shall be given such information about you only if to do so is in your best interests and particularly where your health and safety over-ride our obligation of confidentiality.
- For the purposes of these Terms and our Privacy Policy:
- “Data Protection Laws” shall refer to the UK GDPR, the UK Data Protection Act 1998, the GDPR and any/other data protection legislation that applies to IHL
- “Personal Data” shall have the meaning given to it under Article 4 of the GDPR, i.e., ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’)
An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
- “Data Controller” shall have the meaning given to it under Article 4 of the UK GDPR, i.e., “controller” means the natural or legal person, public authority, agency, or other body, which alone, or jointly with others, determines the purposes and means of processing personal data
5 Payment and Terms of Payment
5.1 Our fee for consultations, programmes and other services are displayed on our website.
5.2 Payment for services may be made upfront by following the enrolment procedure outlined in paragraph 3, i.e., at the point of checkout.
5.3 Payments may be made online using the Stripe payments platform. Please note that STRIPE is a third-party payment platform that we use only for the purposes of receiving and processing payments. We encourage you to read Stripe’s terms (https://stripe.com/legal/end-users) and privacy (https://stripe.com/en-gb/privacy). In addition, please note that Stripe is the registered proprietor of its Trade Mark and other Intellectual Property Rights to its website and any content published thereon. IHL claims no rights of ownership to the Intellectual Property relating to any third-party website and/or any content displayed or published on such websites.
5.4 Corresponding receipts relating to payments made by you will be generated and emailed to you for your records.
5.5 Specific Payment Terms – For specific payment terms please read section 6 that outlines terms relating to each of our services.
- Specific Terms
- Single Consultations
- Scheduling your consultation-In order to schedule a single consultation please write to us at varsha@illuminatedhealth.com
- Payment-A single consultation must be paid for upfront prior to the consultation, and this can be done by following our online purchase procedure
- Rescheduling your consultation
- You may reschedule your consultation by giving us a written notice (via email at varsha@illuminatedhealth.com) up to 48 hours prior to the originally scheduled consultation (“Notice Period”)
- When you write to us to reschedule your consultation within the Notice Period, you will be sent a link with available slots to choose from. The same consultation cannot be rescheduled on more than 2 (two) occasions.
- It is due to the nature of our commitments to all our clients enrolled in various programmes offered that we request you to send us rescheduling requests within the Notice Period. Therefore, if you do not send your request to reschedule within the Notice Period or try to reschedule the same consultation on more than 2 (two) occasions, the consultation will be deemed forfeited and no refund will be made.
d. Cancelling your consultation
- You can cancel your consultation by giving us a written notice (via email at varsha@illuminatedhealth.com) within the Notice Period, i.e., up to 48 hours prior to the originally scheduled consultation
- The entire consultation fee will be refunded if a request for cancellation is made within the Notice Period. The refund will be made on the same debit/credit card or by the same payment method used by you to pay the consultation fee
- For the reasons cited above if you do not send your request to cancel your consultation within the Notice Period, the consultation will be deemed forfeited and no refund will be made
- Recording Sessions
- Coaching sessions may be recorded (audio and video) for governance, feedback, quality control and monitoring and reference purposes.
- Recordings of a 121 consultation if made will be shared only with you, as we believe that having access to your sessions could be beneficial for your progress. We assure you that all such Personal Data will be treated as confidential and will be held strictly in accordance with Applicable Data Protection Laws.
- 1-2-1 programmes
- Scope-We offer 1-2-1 programmes which include consultations, recipes, and meal plans amongst other bespoke support. For more details on what the programmes include, please look at our packages offered by visiting – https://illuminatedhealth.com/nutrition-consultations/
- Scheduling your consultations
- Since these are longer programmes, 1-2-1 consultations are spread over several weeks
- In order to schedule your consultations, you will be sent a link with available slots to choose from. If you can’t find a slot in the calendar, please write to us at varsha@illuminatedhealth.com so that we may be able to schedule a session at a mutually agreeable date and time
- Payment
- You can pay upfront for the 1-2-1 programmes by following our online purchase procedure
- Alternatively, you can enquire about our payment plans by writing to us at varsha@illuminatedhealth.com
- If you are on a payment plan and fail to pay an instalment by the due date or in accordance with the payment plan, you will receive a friendly reminder requesting you to make the outstanding payment within the following 7 (seven) calendar days (“Grace Period”). In the event a payment is not made within the Grace Period, we shall charge a late payment fee at 5% of the outstanding instalment amount, and to cease providing any further consultations, sessions, or support of any kind until such payment is made
- Please note that our discontinuation of services resulting from your default in payment does not exempt you from paying the outstanding programme fee including any late payment fees that have been applied
- Rescheduling your sessions
- You may reschedule your consultations/sessions by giving us a written notice (via email at varsha@illuminatedhealth.com) within the Notice Period, i.e., up to 48 hours prior to the originally scheduled consultation
- When you write to us to reschedule your consultation within the Notice Period, you will be sent a link with available slots to choose from. All sessions must take place within the programme term. For example, if it is a 6 (six) months’ programme all sessions including rescheduled sessions must take place within 6 (six) months, i.e., prior to the conclusion of the programme
- Unfortunately, any sessions not used during the programme term will be deemed forfeited, and no refunds will be made.
- Recording Sessions
i.Coaching sessions may be recorded (audio and video) for governance, feedback, quality control and monitoring and reference purposes.
ii.Recordings of a 121 consultation if made will be shared only with you, as we believe that having access to your sessions could be beneficial for your progress. We assure you that all such Personal Data will be treated as confidential and will be held strictly in accordance with Applicable Data Protection Laws.
- Group Programmes/Coaching
- Scope- From time to time we offer group coaching programmes. If you have signed up for a group coaching programme, you will have access to group coaching sessions and online course materials which you can study at your own pace.
- Group Coaching schedule
- Group sessions will take place once a week until the conclusion of the programme
- Dates for the weekly group coaching sessions will be announced in advance
- Although there are no cover-up sessions nor the option to re-schedule if you miss a session, group coaching sessions are recorded, and recordings are available on replay within 24 (hours) after a session has ended. Please note that occasionally a recording may be disrupted due to technical faults and/or other operational errors, in which case IHL shall not be held liable. Should you have any questions in relation to accessing the recordings of a session please write to us at varsha@illuminatedhealth.com requesting for access to the session recording
- As part of the group coaching programme, you will also have access to online course materials which you can study at your own pace
- Payment
- You can pay upfront for the group coaching programmes by following our online purchase procedure
- Alternatively, you can enquire about our payment plans by writing to us at varsha@illuminatedhealth.com
- If you are on a payment plan and fail to pay an instalment by the due date or in accordance with the payment plan, you will receive a friendly reminder requesting you to make the outstanding payment within the following 7 (seven) calendar days (“Grace Period”). In the event a payment is not made within the Grace Period, we shall charge a late payment fee at 5% of the outstanding instalment amount, to revoke access to the online course materials and to cease providing any further consultations, sessions, or support of any kind
- Please note that the revocation of access and/or our discontinuation of services resulting from your default in payment does not exempt you from paying the outstanding programme fee including any late payment fees that have been applied
- For any bonuses that have been offered when enrolling in a group course or group coaching programme will also be revoked if payments are not made. Some bonuses that are offered as a free trial will require a credit card in order to sign up.
- Recording Sessions
- i.Coaching sessions, particularly group coaching sessions are recorded (audio and video) for governance, feedback, quality control and monitoring and reference purposes.
- Recordings of group sessions are shared with every member of the group programme. By enrolling yourself and participating in a group programme you consent to the sessions of the group programme being recorded and the information recorded therein being accessible to fellow group members.
- You warrant that you will not misappropriate, misuse or do anything in relation to another person’s Personal Data that in any way breaches Data Protection Laws.
- Yoga With Varsha (Library of online yoga classes and resources)
- Scope- If you become a monthly member of ‘Yoga With Varsha’ you will have access to our library of online yoga classes and resources, which you can access on demand.
- Online yoga classes
- You will have access to pre-recorded yoga classes which you will be able to access on demand. Live yoga classes (whether in-person or virtual) are not included in this membership
- Please note that by signing up to the Yoga With Varsha membership, you agree that you understand that you will perform the classes by yourself, and without Varsha’s supervision. Should you have any medical conditions or health concerns or if you are uncertain about the safety of certain poses for you, you should not practice our yoga videos without professional advice, guidance and/or supervision
- Our library may also include resources on meditation and/or breathwork. Please note that that by signing up to the Yoga With Varsha membership, you agree that you understand that you will perform the breathwork sessions by yourself, and without Varsha’s supervision. Should you have any medical conditions or health concerns or if you are uncertain about the method and/or safety of certain breathing exercises for you, you should not practice our breathwork sessions without professional advice, guidance and/or supervision
- Payment
- Yoga with Varsha is a monthly membership, from which you can unsubscribe at any time. Membership fee is charged on a monthly basis, or it can be paid upfront as an annual fee.
- Unless you notify us, the monthly fee or the annual fee, as the case may be, will be charged automatically
- Should you wish to unsubscribe from the monthly membership, please write to us at varsha@illuminatedhealth.com
- If you have set up a payment method and at any point subsequently request to unsubscribe from the membership, we will stop charging you the membership fee from the month following the month in which you submitted your request to unsubscribe, and from this point onwards you will cease to have access to the library. For example, if you submit your request to unsubscribe on the 20th of October 2022, we will stop charging you with effect from the 1st of November 2022.
- If you have paid the annual fee upfront, we will stop charging you the membership fee at the end of the annual membership. You will continue to enjoy access to the library until the end of membership.
- For any questions about unsubscribing to Yoga With Varsha please write to us at varsha@illuminatedhealth.com.
- Functional Testing
a. Scope
- Sometimes we may make recommendations of third-party providers (“Test Provider(s)”) for private investigations and functional tests such as vitamin and mineral analysis, comprehensive stool analysis, genetic tests, blood tests and/or tests to help identify nutritional imbalances, food intolerances, organic acids, hormone levels, food/ gluten intolerances or sensitivities and/or the presence of any underlying conditions
- These functional tests are for the purposes of nutrition consultations only, and not for the purposes of a medical diagnosis and/or a medical consultation
- Please note that should you request for our functional health testing service, it will be carried out by private accredited laboratories with whom we may work on a fee sharing basis
- Please note that a nutrition consultation is required before being recommended any of the functional tests
- Functional testing is available in the following key areas only:
- Digestion
- Immunology
- Nutritional
- Metabolic
- Endocrinology
b. Scheduling a Functional Health Test
- You can enquire about or book yourself in for a specific functional health test by calling us on 01895602695 or by emailing us at info@illuminatedhealth.com
c. Payment
- Payments for functional health tests shall be made to us, or on some occasions we may ask you to make payment directly to the laboratory
- Please note that we may work with private laboratories on a fee sharing basis, which is an internal arrangement between us and the affiliate laboratories, and will not in any way affect the price payable by you to the laboratory
- Nutrigenomics Testing
- Please follow this link here for full Terms and Conditions
- Disclaimers
- If in a nutrition consultation it is established that you need to undergo a specific functional health test, you may choose to get the test done through our laboratories. However, this is entirely optional and alternatively at your sole discretion you may choose any other test provider
- You acknowledge that you are solely responsible for arranging, undertaking and paying for such tests. The processing time of tests may vary according to the test provider used by you and we cannot influence this directly. We cannot guarantee the availability of services from test providers and shall therefore not be liable for any acts or omissions of the test providers
- By requesting a referral to a test provider, you authorise us to share your basic identification data with the selected test provider for the purposes of verifying your identification on arrival for your referral appointment. We will take all reasonable steps to protect your Personal Data in accordance with our Privacy Policy. Where you pay the test provider directly, the test provider will collect and process your payment information, and we therefore encourage you to read the test provider’s privacy policy to learn how they collect and process your Personal Data
- We are not responsible for the processing and storage of the Personal Data that you submit to third party test providers. You should therefore read the privacy policy of any third-party test provider that you use and submit your personal information to
- Referrals
- Subject to your consent we can suggest or provide referrals to specialists where such a referral is clinically appropriate and suitable. We will always make best efforts to ensure that the most appropriate referral and recommendation is made where necessary.
- Our referrals may or may not specify a named individual consultant. Referrals may be made on an ‘open referral’ basis specifying the appropriate medical specialty. Where a specific referral is made, we may benefit from a commission. Any commissions made are part of an internal arrangement between IHL and third-party providers, and shall in no way affect fees payable by you.
- 7.3 We may also make referrals to third-party suppliers such as, without limitation suppliers of supplements. Where we refer you to a specific supplier we may benefit from a commission. Any commissions made are part of an internal arrangement between IHL and the third-party supplier, and it shall in no way affect the price payable by you.
- Any referrals made by us will be to serve our clients’ best interests and to prioritise our clients’ health.
- Follow-ups
- Follow-up sessions may be suggested on a case-by-case basis. We will recommend and encourage such number of follow-up sessions as we deem necessary to bring you closer to your health-related goals.
- We can only make recommendations in relation to follow-up sessions. However, booking a follow-up consultation lies at your sole discretion.
- Should you wish to book a follow-up appointment, you can do so by following the same procedure that was followed for making your previous appointment(s) with us.
- Non-Assignment
- You cannot transfer or assign your membership or session purchase to another person. Should you wish to discuss transferring or assigning your membership or session purchase to someone else please write to us at info@illuminatedhealth.com .
- You warrant that you will not give access to your IHL account to any other person, and that in the event it comes to IHL’s notice that your login credentials were shared with another individual for the purposes of receiving IHL’s Services, we will, without any liability cease to provide consultations and will revoke access to any online material. In this case you will be not be entitled to any refund, but will be liable to pay any outstanding fees payable.
10 Disclaimer and Limitation of Liability
10.1 Disclaimer- Our website does not provide medical advice and our Services are not intended to be a substitute for professional medical advice.
- The contents of our Website such as text, graphics, statistics, images, blogs, and any other content made available through our Website (“the Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
- Our services do not constitute professional medical advice and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Our services can only be supplementary to any professional medical advice, diagnosis, or treatment that you may need to seek. We always encourage you to seek the advice of your NHS care provider, General Practitioner, or any other qualified health professional in relation to any questions you may have regarding a medical condition.
IHL therefore assumes no liability if users of our Website rely on informative articles and/or Content published and made available on our Website.
10.2 Please note that Ayurveda is not a substitute for modern medicine
10.3 Signing up for our consultations and/or programmes does not guarantee a specific outcome. Every individual responds to lifestyle changes differently, and therefore the results of our previous and/or existing members by no means guarantee the same results for you
10.4 Your progress and outcomes are dependent on how you implement the lifestyle changes recommended in our consultations and/or programmes. IHL will not be held liable for slow results or no results resulting from the inconsistent implementation or your failure to implement the tips and lifestyle changes recommended in our consultations and/or programmes
10.5 You agree that when you sign up for our services you will make full disclosure of any underlying health conditions and/or allergies or intolerances that you suffer from so that we may be able to adjust our services accordingly
10.6 Prior to signing up for our services, you shall inform us if you are pregnant or are planning to conceive in the near future so that we may be able to adjust our services accordingly. Each pregnancy is different and therefore when we recommend any meal plans or lifestyle changes to you during your pregnancy you shall inform your doctor/mid-wife to ensure that implementing such changes are safe for you
10.7 Please note that at IHL we understand that each individual’s body and capacity are different. We therefore repeatedly tell our clients to follow the programme that they’ve signed up for at their own pace and to implement the teaching of the programmes/consultations offered by us to the best of their abilities. Please do not force yourself to do anything. We advise you to listen to your body and refrain from overdoing any particular diet or lifestyle change.
You agree that IHL will not be liable for any consequences resulting from your implementation of the teachings shared and/or guidance given in our programmes and/or consultations.
- Breathwork and Yoga
- You agree that when you sign up for yoga classes, you warrant that you do not suffer from or have knowledge of any underlying medical or physical condition or injury (“Pre-existing Health Condition”) that might make you more susceptible to any risk of injury or you have disclosed any such Pre-existing Health Condition to us.
- We reserve the right to refuse your participation in the programmes on grounds of your Pre-existing Health Condition. In the event of refusal, we will justify the grounds of refusal of your participation and offer a monetary refund of the fees if any advanced has by you to IHL.
- You understand that following instructions with regards to technique is particularly important when you participate in our yoga and breathwork programmes online or by means of an audio or video in which cases in-person supervision by a practitioner is not available. You warrant that you will follow all the instructions and never attempt an exercise that is beyond your degree of exertion, and will not hold IHL, the practitioners, its officers, director or employees liable or responsible for any risks, conditions, injuries or damages, known or unknown, which you might incur or aggravate as a result of your participation in the online yoga and/or breathwork programmes.
- You understand that the risks associated with the online yoga sessions may include exertion, causation or aggravation of a physical injury or medical condition including injuries suffered as a result of your failure to follow instructions, inadequate instructions or warnings, slipping from slippery surfaces such as mats or floors, and the like. You are fully aware of and accept the risks and hazards involved, and agree to assume full responsibility for any risks, conditions, injuries or damages, known or unknown, which you might incur or aggravate as a result of your participation in the online yoga sessions.
- Limitation of Liability
- You agree that you are voluntarily participating in consultations, programmes and services offered by IHL, being fully aware that implementing the teachings recommended in our services may result in lifestyle changes and consequently certain physical, emotional and/or psychological changes. In consideration of being permitted participation in the consultations, programmes and other services offered by us, you agree to assume full responsibility, and knowingly, voluntarily, and expressly waive any claim that you might have against IHL for any risks, injuries, or damages, known or unknown, which you might incur as a result of participating in the services offered by us.
- You warrant that you have fully informed us of any underlying health or medical conditions that you have and/or surgeries you have had, and will fully inform us if you develop any underlying health or medical condition that would prevent your participation in any of the services offered by us. You agree that IHL will not be responsible or liable in any way if you fail to fully inform us of your underlying health or medical conditions and/or if you continue to participate in the services offered by us despite your medical or health conditions.
- You warrant that you will fully inform us if you are pregnant regardless of whether you have any pregnancy related conditions or not. You understand that programmes and consultations may be altered for pregnant individuals with the objective of mitigating any risk that a pregnant individual may be subject to, which is why you assume the responsibility of informing us of your pregnancy. You agree that IHL will not be responsible or liable in any way if you fail to inform us of your pregnancy.
- IHL’s services are designed specifically for its clients, and you shall refrain from sharing your meal plans, diet chart, health programme etc. with third parties. We shall not be liable for any consequences suffered by third parties who have relied on IHL’s health programmes that were designed for you.
- You agree that we may refuse your participation in the programmes and/or services offered by us on grounds of your medical history and/or pre-existing or underlying health conditions. You agree that we need not justify our refusal of your participation in our programmes and/or consultations.
- If we refuse your participation in our programmes, consultations and/or other services except for a monetary refund of the fees if any advanced by you to IHL, you have no claim against us, our affiliates, officers, directors, agents and/or employees with regards to our refusal to allow you to participate in the programmes and/or consultations.
- We do not warrant that our services, information, content, or other services included on or otherwise made available to you through IHL’s services, servers or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our services, or from any information or content and/or services, included on or otherwise made available to you through IHL’s website or services, including, but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.
- IHL will not be responsible for delays outside our control. If our supply of the service is delayed by an event outside our control such as a Force Majeure event, 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 supply of service to you or to cancel an appointment and receive a refund for any appointments you have paid for but not received.
- Our clients are not permitted to use our programmes for the treatment of third parties. Should you use the programme prescribed to you by IHL, for the treatment of third parties we will not be held liable for the consequences thereof. Any information provided to you as part of our programme is unique to you and the same programme may not work for someone else. Therefore, should you apply the teachings of our programme on third parties we shall not be held liable for the consequences thereof.
- Intellectual Property
11.1 Please note that all the programmes designed by IHL and all the content relating to it as well as all the Trade Marks, logos and Content published on IHL’s Website is the sole and exclusive property of IHL.
11.2 Users of the Website may refer to the Content for reference and information purposes only. However, users are not permitted to reproduce, publish, distribute, or communicate to the public our Content. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights, entitling us to seek remedies available at law and equity.
11.3 You agree that we own all Intellectual Property Rights to the information provided to you through our programmes and you shall not reproduce, publish, distribute, or communicate our programmes and/or content relating to it to third-parties. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights, entitling us to seek remedies available at law and equity.
- 11.4 For the purposes of these Terms ‘Intellectual Property’ refers to creations of the mind such as without limitation, inventions, innovations (whether patentable or not), patents, utility designs, Trade Marks, service marks, goodwill, copyright, Confidential Information, know-how, software, database rights and all embodiments or fixations thereof and related documentation, registrations or pending applications for registration anywhere in the world.
12 Confidential information
12.1The Parties hereby acknowledge that during the course of a programme/consultation/appointment or during the course of a dealing, the Parties may be given access to each other’s Confidential Information and data relating to each other or each other’s businesses. For the purposes of these Terms, “Confidential Information” shall mean any non-public information shared by one Party with another save and except the exceptions outlined in paragraph 11.2.
For the purposes of this Agreement the Party to whom the Confidential Information belongs shall be referred to as the “Disclosing Party” and the Party to who the Confidential Information is disclosed shall be referred to as the “Receiving Party”.
A Party’s Confidential Information may include without limitation creative content, announcements not yet in the public domain, projects in the pipeline, contracts, research development, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyright, Trade Marks, trade secrets, customers’ lists, suppliers’ lists, markets, marketing strategies, finances disclosed either directly or indirectly in writing, orally or visually by the Disclosing Party.
12.2 Confidential Information does not include information which:
(i) is or comes into the public domain without the breach of these Terms by the Receiving Party
(ii) was in the Receiving Party’s possession prior to the receipt of such information by it from the Disclosing Party and obtained from a source other than the Disclosing Party without any restriction on disclosure
(iii) Is acquired by the Receiving Party from a third party without any restriction on disclosure
(iv) developed independently by the Receiving Party without using the Disclosing Party’s Confidential Information
12.2 Obligations of Non-Disclosure and Non-Use
Unless otherwise agreed to in advance and in writing by the Disclosing Party, the Receiving Party will not, except as required by law or under a court order, use the Confidential Information for any purpose other than for the purposes of this Agreement. In addition, neither Party will disclose the Confidential Information belonging to the Disclosing Party to any third party nor use it for the benefit of themselves or of any third party.
IHL may disclose the client’s Confidential Information to its employees, independent contractors, free-lancers, consultants, partners, or co-workers (as applicable) on a “need to know basis” only which means that IHL may disclose the Confidential Information only to those of its employees, independent contractors, freelancers, consultants, partners, or co-workers who need to know such information for the performance of services and/or for the conduct of our business.
13. Remedies
13.1 In the event you breach your obligations relating to non-assignment (paragraph 9), Intellectual Property (paragraph 10), Confidentiality (paragraph 11), and/or any other obligations outlined in these Terms and Conditions you shall indemnify IHL against any losses, claims and expenses (including legal expenses) arising from or as a result of your breach.
13.2 Notwithstanding IHL’s right to indemnification as outlined in paragraph 13.1, IHL shall seek legal and/or equitable remedies available to it.
14 Force Majeure
14.1 Force Majeure means any event or combination of events or circumstances beyond the control of a Party which cannot:
(a) by the exercise of reasonable diligence, or
(b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party’s ability to perform its obligations under this Agreement.
A Force Majeure event shall include acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restrictions, lockdown, government sanctions, labour dispute, labour shortage, power shortage, shortage of raw material, lack of access to any equipment or materials, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency and/or any other analogous event.
14.2 IHL shall not be held liable for any delay or failure to offer services as a result of the Force Majeure event. If IHL is unable to provide or continue to provide services on account of a Force Majeure event, we will refund fees in accordance with paragraph 9.8 (h), i.e., for consultations and/or sessions that were not completed.
- 15 Feedback
15.1 IHL welcomes all feedback, and you can contact us by phone (our contact number is available on our Website) or by emailing us at info@illuminatedhealth.com
- Although we strive to provide our clients with the best possible experience, in the event you are dissatisfied with our services we will always endeavour to resolve the issue quickly and easily.
16 Contact IHL
16.1 Please submit any questions you have about these Terms or your Appointment by emailing us at info@illuminatedhealth.com
17 Severance
17.1 If any provision or part provision of these Terms is or becomes invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision or part provision shall be severed from these Terms. Any modification to, or severance of a provision or part provision under these Terms shall not affect the validity and enforceability of the rest of these Terms.
The remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 Governing Law and Dispute Resolution
18.1 These Terms shall be governed by and construed in accordance with English law
18.2 While we do not anticipate this and will always strive to make our clients happy, in the event of any dispute arising from or as a result of these Terms, the Parties agree to resolve it by amicable settlement. Should all efforts at amicable settlement fail (such efforts lasting for at-least 30 days from the date on which the grievance or dispute arose) the Parties shall refer the dispute to a mutually appointed mediator, the costs of which shall be borne equally by the Parties. The Parties shall uphold the settlement reached at the conclusion of mediation. Should mediation fail, the courts of England and Wales shall have jurisdiction over any disputes arising under the Agreement.
19 Entire Agreement
19.1 These Terms contain the entire agreement between the Parties relating to the subject matter and at the time of dealing with us supersede any previous agreements, arrangements, undertakings or proposals, oral or written.
IHL reserves the right to vary these Terms and we request you to refer to these Terms at regular intervals to ensure that you stay completely updated.