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KIDNEYWISE MEAL PLANS

STANDARD TERMS & CONDITIONS

 

  1. Background

 

These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which We may supply digital content (the Content) via our website at https://kidneywise.co.uk/.  By downloading the Content, you agree to comply with and be bound by these Terms and Conditions (T&Cs). If you do not agree to these T&Cs, You may not download any Content.

 

  1. Parties

 

2.1  We are Neli Ltd, trading as KidneyWise, a company registered in England and Wales with company registration number 13045824 (‘we / us / our’).  Our registered office is at 128 City Road, London, EC1V 2NX.  You can contact us by email at hello@kidneywise.co.uk.

2.2   For the purposes of these T&Cs, ‘you’ means the person or organisation to whom we are supplying the Content under the terms set out in these T&Cs.

 

  1. Our contract with you

 

Our Site will guide you through the process of purchasing our Content.  No part of Our Site constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer which we may accept, by sending you an email confirmation, at which point a contract will come into existence between you and us.  These T&Cs will be incorporated into that contract.  In the unlikely event that we do not accept your order, we will explain why in writing, and will refund any payment made by you.

 

  1. The Content

 

4.1  We shall make all reasonable efforts to ensure that the general description of the Content which appears on Our Site corresponds to the actual Content that will be provided to you.  However, we reserve the right to update and / or change the precise nature and contents of the Content from time to time.

4.2  Access to the Content will be provided to you, by email to the email address you have provided, immediately we have accepted your order and you have made payment.  By placing your order, you understand that access to the Content will be provided immediately, and you will lose any right to cancel the contract or obtain a refund, save as set out in Clause 5.1

4.3  In the unlikely event that you experience a delay in receiving the Content, please contact us as soon as possible at  hello@kidneywise.co.uk so that we can resolve this.

4.4  We reserve the right to terminate or restrict your right to access or use the Content if you breach the contract between us.

 

  1. Your rights to terminate the contract and obtain a refund

 

5.1 You may terminate the contract immediately and obtain a refund if:

(a) the supply of the Content is or may be significantly delayed because of events outside our control, for technical reasons, or because we are updating the Content, in each case for a period of more than 14 days; or

(b) you can show that the Content is defective: for example if we supply a different product to the one described at point of sale, or the Content is not of satisfactory quality or is not fit for purpose.

5.2 If you have the right to end the contract under Clause 5.1, or have any questions or complaints about the Content you purchased, please contact us by email at  hello@kidneywise.co.uk.

 

  1. 6. Price and payment

 

6.1 The price for supplying the Content to you will be the price indicated on Our Site at the time you place your order.  We make all reasonable efforts to ensure that the prices shown on Our Site are correct.  We may change the pricing of the Content from time to time, however any such changes in pricing will not affect an order you have already placed.

6.2 We accept payment for the Content via the payment gateway on Our Site.  You will be required to pay for the Content before you are given access to it.

 

  1. Our intellectual property

 

7.1  All Content supplied by us is our property (or the property of our licensors, as appropriate) and is protected by copyright and other intellectual property laws.  All intellectual property rights subsisting in our Content shall at all times remain our exclusive property (or the property of our licensors, as appropriate).  Nothing in these T&Cs shall vest in you any rights in the Content or any other material provided by or belonging to us (or our licensors, as appropriate). 

7.2  When you pay us to supply our Content, we will grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use the Content solely for your use.  The licence granted to you does not give you any rights in the Content (including any material that we may licence from third parties). 

7.3  You may not, at any time copy, record, reproduce, modify, rent, sell, publish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Content (or any part of it) or make Content (or any part of it) available to any other person.

7.4 You may not remove any copyright or proprietary notices from the Content.

 

  1. Limitation of liability

 

8.1 If we breach our contract with you, we are responsible for loss or damage you suffer that is a foreseeable result of that breach.  We are not responsible for any loss or damage that is not foreseeable. 

8.2 This clause 8 does not limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation.

8.3 If defective Content supplied by us damages a device or digital content belonging to you, we will either repair the damage or pay you compensation, provided you can show that this damage was due to our lack of skill and care. We will not be liable for damage which you could have avoided by following our instructions, or for damage which was caused by you.

8.4 We shall not be liable to you for any loss of profit, loss of business, interruption to business, loss of business opportunity or any other indirect, special or consequential loss or damages, however this is caused.

8.5 We make reasonable efforts to ensure the accuracy and quality of our Content at the time it is delivered.  However, we do represent or warrant (expressly or impliedly) that the Content is accurate, complete, up-to-date or error-free.  We are under no obligation to update the Content after it has been provided to you.  We shall not be liable to you for any inaccuracy or error in the Content, or for any reliance You place on it.

8.6 We do not represent or guarantee that the Content is suitable for your use.  It is your responsibility to ensure that the Content is suitable for your purposes, and you download and use it at your discretion. 

8.7 Subject to the remainder of this Clause 8, our total liability to you under the contract between us shall be limited to the price you paid for the Content we supply to you.

 

  1. Data Protection

 

We will only use your personal information in accordance with our Privacy Notice, which appears on Our Site.

 

  1. Other terms

 

10.1  You acknowledge that you have not relied upon any statement, representation, warranty or assurance made by us on our behalf that is not set out in these T&Cs, and accordingly you shall have no claim for any innocent or negligent misrepresentation or negligent misstatement.

10.2 We may transfer our rights and obligations under these T&Cs, for example if we sell our business.  The transfer will not affect your rights under the contract between us.  You may not transfer your rights or obligations under the contract to any other person.

10.3 The contract is between you and us. No other person shall have the right to enforce any of its terms, and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

10.4 Each of the terms contained in these T&Cs and in the contract between us operates separately. If any court decides that any of them are unlawful, the other clauses will remain in full force and effect.

10.5 The contract between us is governed by English law.  You and we agree that the English courts shall have exclusive jurisdiction over any dispute arising out of or in connection with that contract.

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