Terms and Conditions
1.1 THE PLAN(S)
All the meals contained within all the company’s meal plans are pre-set and therefore new recipes will never be created upon request. Whilts our various social media accounts promote and showcase recipes from the plan, we also post up and coming recipes that may appear later on The Fine Diet as well as recipes that won’t.
The set meals will be tailored in line with the company’s own unique formula – this formula is confidential to the business and will never be disclosed.
We are able to cater for any allergy and intolerances through our swaps function, that will allow you to choose alternative ingredients to use in place of any ingredient you are unable or unwilling to consume. It is your responsibility to ensure the swaps you choose are in line with your allergy requirements, we cannot do these swaps for you.
It is important that you fully understand that the advice given from The Fine Diet Limited is followed at your own risk and responsibility. If you have any concerns about the suitability of the ingredients used within our plan(s) to your own circumstances you must ensure that both you and your GP or physician are comfortable with them.
Our approach to calculating what we believe is optimum for each client is unique and by signing up to the company’s online plans you are trusting this approach and whilst feedback is appreciated – disagreeing with our methods based on other professional’s points of view will not result in any aspect of the plans being re-designed or warrant a refund.
We provide instructional videos on a range of training exercises that you may choose to undertake whilst running the plan, however, it is not compulsory. This also includes guidance on correct lifting techniques. Due to strength being such an individual consideration, weight on any resistance training sections will never be specified and this is something you will have to discover through carrying out the exercises.
If you wish to carry out your own training you can do so, but you must provide us with the calorie expenditure where indicated within the plan. Failure to do this means we are unable to assess the total calories you need to consume to be able to reach your goals and we cannot, therefore, be held responsible for any problems you encounter whilst running the plan.
Please ensure you complete the questionnaire fully and as accurately as possible. We ask for both the completed questionnaire as well as, ideally, clear body shot photos before a plan can be created. For our best advice, the pictures should be taken in swimwear or equivalent so that body composition can be assessed, although clothing that clearly shows your body shape is also acceptable. If you do not wish to provide pictures, you can indicate this when completing the initial questionnaire.
Once your chosen plan begins you will be in complete control of the results. In order to achieve the best results from the plan you need to stick to our recipes 100%, this includes portions, following any training you have selected, alcohol consumption and with eating out.
However, you are free to eat whatever you like, but we can only provide the correct advice and calorie guidance if you provide us with a full and accurate description of the food you have consumed, by providing calorie information for any other meals you have eaten away from the plan. It should be noted that our meals are designed to provide you with a balanced diet, full of essential nutrients, designed to not only help you lose weight but also to be in good health. If you choose not to eat these recipes we cannot be held responsible for any issues arising from your chosen diet.
Although we will provide you with a guide as to the level of calories we believe to be perfect for your needs along with a breakdown of the macronutrient content of each meal, due to rounding and other issues relating to the brand of ingredients you choose, there is no guarantee that these figures will exactly match the calories and macronutrients within the set recipes within your plan.
It is not the responsibility of the company to chase you for any information. The only way to submit results is through The Fine Diet application. You will need to submit your updated weight and pictures through this so that your progress can be assessed and the relevant changes made to your pre-set meals. It is only when the company receives all this information that these changes can be made.
1.2 OFFICE HOURS
Our admin team are on hand to answer any administrational questions or queries from:
Monday through to Friday – 09.00 to 17.00 GMT
Saturday and Sunday – closed
UK Bank Holidays – closed
Christmas and New Year – office closure will be made available 2 weeks (14 days in advance).
In the event of staff training and office closure you will be notified 2 weeks (14 days) in advance.
Please note, revisions to your plan through the submission of results via The Fine Diet application will not be affected by the above opening hours.
The selected payment will be applied to your chosen method on confirmation. Any subscriptions will automatically renew unless cancelled within 24-hours before the end of the current period. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused, your membership will be terminated and you will no longer be entitled to the benefits provided by this. You can reinstate your membership by setting up your payment again. We do not accept payments made directly to ourselves.
Where relevant, any promotions we run that reduce the price for a limited time only, when the promotion ends the price will revert back to the standard level for both new and current subscribers.
Should you not reinstate your account within 13 months of the last payment being made, your account will be closed and all personal information be deleted.
Our company does not act as medical advisers or doctors. You MUST consult your doctor before beginning ANY of our plans or exercise programs, no exceptions. You MUST consult your doctor immediately in the event or illness or injury and follow their direct advice which could mean stopping the plan altogether. You are using the chosen plan at your own risk and The Fine Diet Limited is not responsible for any injuries or health problems you may experience or even death as a result of using The Fine Diet Plan.
The Fine Diet Plan is almost always suitable for all. However, if you either suffer from, or are currently receiving treatment as detailed below, we are unable to take you on as a client due to health and safety limitations.
- Gastric Band
- Heart Disease or suffered from a Heart Attack
- Lung Disease
- Liver Disease
- Kidney Disease
- Organ Disease (other)
- Thyroid condition not currently controlled by medication
However, with regards to some conditions, we can take you on as a client once you are in full remission and have the all clear from your doctor.
In addition, should you have recently given birth or are breastfeeding, we insist you discuss the plan in full with your doctor before purchasing.
Of course, should your circumstances change or you wish to discuss the issues in more detail please get in touch with us at firstname.lastname@example.org and we will be happy to help.
When following The Fine Diet plan you are doing so responsibly with your own guidance and take full responsibility for the effects on your body which you may experience along the way.
As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and any of the plans from The Fine Diet Limited are no exception.
It is possible that you may become injured doing the exercises detailed with The Fine Diet Plan, especially if they are done with poor form. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks also exist for those who are currently in good health right now.
In registering for The Fine Diet Plan, you warrant to us that the following statements are true and accurate in all respects unless you have specifically informed The Fine Diet Limited to the contrary in writing:
- you are 18 years of age or older;
- you do not have any sort of heart condition and you have never sought medical advice in relation to heart-related symptoms;
- you have never suffered from chest pain, either when engaging in physical activity or otherwise;
- you are not, and have not previously, taken medication for any heart condition or blood pressure;
- you do not have a history, or family history, of cardiac illness or blood pressure problems;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have any symptoms which could be made worse by a change in your physical activity;
- you do not know of any other reason why The Fine Diet Plan may increase your risk of physical illness;
- you have not been diagnosed with, nor have reason to believe that you may be suffering from any of the ailments or illnesses listed above;
- you are not pregnant, have recently given birth or are breastfeeding.
You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
The Fine Diet Limited maintains the correct and appropriate insurance with a reputable UK Insurer, we ensure our policy is renewed on an annual basis and details of our cover can be provided upon written request. Any and all potential claims need to be made in writing and a company representative will respond within 30 days.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) THE FINE DIET LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:
- (A) THE USE OF AND/OR ACCESS TO, OR THE INABILITY TO USE AND/OR ACCESS THE FINE DIET APP OR WEBSITE;
- (B) THE USE AND/ OR ACCESS OF ANY CONTENT OR OTHER MATERIALS ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE FINE DIET WEBSITE OR APP;
- (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE FINE DIET WEBSITE OR APP;
- (D) UNAUTHORISED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE FINE DIET WEBSITE OR APP;
- (F) ANY EVENT REASONABLY BEYOND THE CONTROL OF THE FINE DIET LIMITED; AND
- (G) ANY OTHER MATTER RELATING TO THE WEBSITE OR APP. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF THE FINE DIET LIMITED, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE FINE DIET PLAN. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FINE DIET PLAN, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE FINE DIET PLAN.
1.5 DATA PROTECTION ACT 1998
The Fine Diet Limited and its technology partners may use your personal information to provide products and associated services you request, to administer your account and to contact you for feedback on your use of such products and services. If you provide your email address when you register with us or buy from us, you are consenting to receiving marketing and promotional emails from The Fine Diet Ltd. We will not send unsolicited marketing material to you. All information supplied will be held by The Fine Diet Limited and its technology partners and will remain secure and confidential. Your details will only be used for research purposes and will not be passed on to any third parties or used for marketing purposes in accordance with the Data Protection Act 1998.
The data will only be disclosed to employees of The Fine Diet Limited and its technology partners to enable them to produce your plans and for the purposes of anonymised statistical analysis. The data will be kept securely for as long as you are our client.
All information provided by yourself, including personal details, pictures, measurements etc is all held securely and can only be accessed by employees of The Fine Diet Limited, through our password protected admin system, and also by yourself, through your secure, password protected mobile application.
Should you close your account, or your account become closed due to non-payment, your information will be held for a period of 13 months from the date of the last payment and will then be deleted.
1.6 INTELLECTUAL PROPERTY
You acknowledge that the Content may contain information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials that are the property of The Fine Diet Limited and/or our licensors and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such Content or are licensed to use such Content (including the selection co-ordinating, arrangement and enhancement of such Content). All trademarks appearing in the Content are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Since The Fine Diet Limited is offering non-tangible, irrevocable goods we do not issue refunds once the order is completed and you have been given access to our mobile application.
As a customer you are responsible for understanding this when purchasing any product from our site and, in the unlikely event of the meals not being to your liking, taste or falling in line with personal circumstances, be that lifestyle or financial, this would not warrant a refund.
However, we realise that exceptional circumstances can take place with regards to both the character of the product we supply and your personal life.
Should you have purchased your plan through the Google Play store or via our website, we may consider requests for a refund for the following reasons:
1- Product not-as-described and as detailed above in our terms and conditions: such issues should be reported within 3 days from the date the product is received. Clear evidence must be provided proving that the purchased product is not as it is described either on the website and or in our terms and conditions. Complaints which are based merely on the customer’s false expectations or wishes do not qualify for a refund.
2- In the event of serious debilitating illness or injury. Confirmation of this in the form of a doctor’s note or medical certificate will need to be provided before consideration.
In addition, should your account be closed due to breaking any of our codes on respecting fellow users due to rude, derogatory or unsuitable comments or actions, and you have made a payment for the year, which has more than 30 days still to run, we will refund you 1/12th of the annual payment made for each full calendar month remaining. If you have made a monthly payment and your account is closed, no refund will be payable.
If you purchased your plan through Apple’s Store, you will need to contact iTunes directly to request a refund, which is subject to their terms and conditions.
If you have a serious complaint our customer care team are on hand to support and resolve, please direct your correspondence to John Burrows at email@example.com.
1.9 GOVERNING LAW
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or The Fine Diet Plan shall be governed by and construed in accordance with the law of England and Wales.
You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation or any other matter between you and The Fine Diet Limited.