Terms and conditions

Detailed below are the terms of use of the #itsfine website and should be read in conjunction with our Privacy Policy and Cookies Policy, both available on the website. They constitute a legal agreement between us and, as such, should be read carefully. They may change in the future, so you should ensure you check them regularly.

By using the site, you confirm your agreement to these terms along with those detailed in the Privacy and Cookies policies. Should you have any issues with these, you should refrain from using our site.

HOW TO FIND OUT MORE ABOUT US

The Fine Dieting Company Limited & The Fine Diet Limited (the ‘Businesses’) are companies incorporated in England & Wales with company numbers 10979825 & 10942416 respectively. Our registered office is at Canada House, First Floor 20/20 Business Park, St Leonards Road, Maidstone, Kent ME16 0LS.

You can contact us by writing to the above address or by emailing info@itsfine.co.uk

MORE ABOUT OUR SITE

Our site is made freely available, although we cannot guarantee that the site and the content within it will always be available. We reserve the right to change, withdraw, suspend or restrict any and all of the content made available here. We will do our best to give notice to any changes we make to the website.

It is the responsibility of the person or persons whose internet connection is used to access our site to ensure that those accessing it are aware of the terms applicable to its use and also to comply with them.

Our site is designed for use within the United Kingdom and may not be appropriate for use in other countries.

We own all material and content provided on the site, including all intellectual property rights. They are protected by copyright laws and treaties all around the world and all such rights are reserved.

Use of any content from this website can, therefore, only be done so after obtaining authorisation in writing from ourselves. Any breach in these terms will result in your right to using this website ceasing and the return or destruction of any copies of the materials you have made.

This website is intended for general information only and the material provided does not constitute advice. We would strongly recommend you obtain professional advice before following any of the information provided on this website.

We make all reasonable efforts to ensure the information we provide is both accurate and up-to-date. However, we cannot provide any guarantee, whether expressed or implied, to this effect.

EXTERNAL WEBSITE LINKS

Should we provide any links to external or third-party websites, these are done so for information only. They are not to be viewed as endorsements or approval to the products or information provided by them.

In addition, we have no control over the information provided by these external or third-party websites.

USER-GENERATED CONTENT

We cannot be held responsible for any inappropriate material uploaded by other users of the site. This includes comments made within any interactive parts of the site. Any views expressed by others do not represent the views of the company.

If you wish to complain about information or materials uploaded by other users, please contact info@itsfine.co.uk.

LOSS OR DAMAGE SUFFERED BY YOU

Notwithstanding anything to the contrary in these terms, 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 and for fraud or fraudulent misrepresentation.

This site is provided for domestic and private use and you agree not to use it for any commercial or business purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, shall be limited to £250.

If defective digital content that 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.

VIRUSES

There is no guarantee that our site is secure or free from bugs or viruses. It is your responsibility to configure your information technology, computer programmes and platform to access our site, which should be done in conjunction with your anti-virus software.

Knowingly and maliciously introducing viruses, trojans, worms, logic bombs or other material that is technologically harmful is considered a criminal offence and will be reported to the relevant authorities. In addition, attempting to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or attacking our site via a denial-of-service attack or a distributed denial-of service attack wold also be considered a criminal act. Any such act would be a breach of the Computer Misuse Act 1990 and would be reported to the relevant law enforcement authorities, who we will co-operate with fully by disclosing your identity to them. In addition, your right to use our site will cease immediately.

EXTERNAL USE OF OUR SITE

Provided it is fair, legal and does not tarnish or take advantage of our reputation, we are more than happy for you to publish a link to the homepage of our website. You must not establish or suggest any relationship (association, approval or endorsement) on our part, unless we have given prior permission to do so. In addition, you should not establish or suggest a relationship on any website that is not owned by you.

We reserve the right to withdraw these permissions to link at any time and without warning.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction the exception being that if you are a resident of Northern Ireland where you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

FINE DIETING, FINE DIET, THE FINE DIET KITCHEN, #ITSFINE are trademarks of The Fine Dieting Company Limited. You are not permitted to use them without our prior written approval.

FREE #ITSFINE PLAN FOR A YEAR – MAIL OUT COMPETITION

This competition is open to people aged 18 and over as of Wednesday 3rd April 2019 who downloaded the #itsfine Plan and signed up.

Only submissions made via the Start Survey button on our mail out and through Survey Monkey will be accepted.

The opening date of the competition is Wednesday 3rd April 2019 and will run monthly thereafter. All dates and times are UK dates and times.

To enter this competition you will need to do the following:

Open the email 

Press Start survey

Complete the survey and submit

Sign up to any paid subscription with the app for at least 1 month

One successful winner will receive the #itsfine Plan FREE for a year and be announced via email.

The prize is non-exchangeable and is not redeemable for cash or other alternatives.

#itsfine accepts no responsibility for any costs associated with the prize and not specifically included in the prize.

Contestant notification and prize fulfilment process is as follows:

The contestant will be notified by email no later than the second working day of each month.

The contestant emails to acknowledge and to provide detail.

If the contestant rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winners’ prize will be forfeited, and Fine Dieting shall be entitled to select another winner.

Any entrants with an affiliation to Fine Dieting or related companies will be disqualified.

Fine Dieting shall use and take care of any personal information you supply to it as described in its privacy policy (https://www.itsfine.co.uk/privacy-policy.html), and in accordance with data protection legislation. By entering the competition, you agree to the collection, retention, usage and distribution of your personal information in order to process and contact you about your competition entry, and for the purposes outlined elsewhere in these Terms and Conditions.

Fine Dieting accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the competition or accepting the prize. Nothing in these Terms and Conditions shall exclude the liability of Fine Dieting for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.

Fine Dieting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this competition with or without prior notice for any reason whatsoever, including due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Fine Dieting in all matters relevant and/or related to this competition is final and binding and no correspondence will be entered into.

Fine Dieting shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.

The competition will be governed and construed in accordance with the laws of the United Kingdom. Entrants to the competition submit to the exclusive jurisdiction of the courts of this country.

All personal data collected as a result of this competition (contestant’s name, Instagram handle and mobile number) will be collected via the Instagram channel and stored by Fine Dieting & its event partners for a maximum of 1 week, before being deleted in accordance with the GDPR. All personal data will be collected purely for the means of entering the competition and will not be used for any further marketing.

Promoter: The Fine Diet Limited

Company No. 109424416

 

#ITSFINE PLAN 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.

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 unable to cater for allergies and intolerances through making changes to the set recipes within your plan. However, we provide you with a 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.

It is important that you fully understand that the advice given from The Fine Diet Limited via #itsfine 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 app. 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 clear body shot photos before a plan can be created. The pictures will need to be taken ideally in swimwear or equivalent so that body composition can be assessed. 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 you need to stick to the calorie target 100%. You are free to eat whatever you like, however, 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, be that by selecting meals from the pre-set range we offer or by providing calorie information for any other meals you have eaten away from the plan.

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 #itsfine 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 #itsfine application will not be affected by the above opening hours.

1.3 PAYMENT

Depending on the option selected, either a monthly, quarterly or an annual payment will be applied to your chosen payment method on confirmation. Subscriptions will automatically renew unless cancelled within 24-hours before the end of the current period. You can cancel anytime with your app store account settings. 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 through your App Store. We do not accept payments made directly to ourselves.

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.

1.4 LIABILITY/RISK

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 #itsfine Plan.

The #itsfine 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.

  • Cancer
  • HIV/AIDS
  • Pregnancy
  • Gastric Band
  • Heart Disease or suffered from a Heart Attack
  • Lung Disease
  • Liver Disease
  • Kidney Disease
  • Organ Disease (other)
  • Anorexia
  • Bulimia
  • 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 be currently pregnant or breastfeeding, we would recommend 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 info@itsfine.co.uk and we will be happy to help.

When following the #itsfine 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 is no exception.

It is possible that you may become injured doing the exercises detailed with the #itsfine 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 #itsfine 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 #itsfine 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 or 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 #ITSFINE 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 #ITSFINE 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 #ITSFINE 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 #ITSFINE 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 #ITSFINE PLAN. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE #ITSFINE PLAN, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE #ITSFINE PLAN.

1.5 DATA PROTECTION ACT 1998

The Fine Diet Limited 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, we will not send unsolicited marketing material to you. All information supplied will be held by The Fine Diet Limited 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 to enable them to produce your plans. 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.

1.7 REFUNDS

Since The Fine Diet Limited via the application #itsfine 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.

Therefore, 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 either the year or the quarter, which has more than 30 days still to run, we will refund you 1/12th of the annual payment or 1/3rd of the quarterly 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.

1.8 COMPLAINTS

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 info@itsfine.co.uk.

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 #itsfine 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.

By purchasing one of our subscriptions through your chosen App Store you are confirming that you have fully read and understood the above Terms and Conditions and are therefore happy to proceed with your purchase and work with The Fine Diet Limited.