Terms & Conditions for the Purchase of Services

Last updated: 02/11/2020
  1. Introduction

    1. IndexSpaces means IndexSpaces Ltd, a private limited company registered in the UK (company number 12575762). Part of IndexSpaces offerings is providing non-medical services to consumers related to digital healthy personalised meal plans, recipes and grocery lists (collectively, the "Services”) on the website https://www.indexspaces.com and any other websites through which IndexSpaces makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
    2. The Site is owned, operated and provided by IndexSpaces. In these Terms and Conditions (the "Terms”), references to "we" or "us" or "our" are references to IndexSpaces and references to "you" or "your" are references to the person who engages with and uses the Services we provide (herein referred to as "User”).
    3. By using the Site, Application or Services (through whatever means including mobile, desktop, tablet or any other handheld device), you indicate that you have read and that you understand and agree to be bound by these Terms, which may be amended from time to time, and all applicable laws and regulations that govern this Site and your Order.
    4. The Terms shall also apply where orders are taken via the telephone by one of our staff. If you do not agree with these Terms, do not use the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
  2. Services provided

    1. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis or treatment. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and medical conditions.
    2. All information provided by IndexSpaces, or in connection with any communications supported by IndexSpaces, is intended to be for general information purposes only, and is in no way intended to create a doctor-patient relationship.
    3. You should consult with your own doctor before starting a new diet plan.
    4. We do not offer a food or grocery delivery service. It will be up to the User to source the ingredients required for the recipes in the meal plans.
  3. User information

    1. If you submit, upload, post, or transmit any health information, medical history, any allergies you suffer from, conditions, problems, symptoms, personal information or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, incomplete, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component.
  4. Your order

    1. Your order is an offer to buy from us on a one-off basis.
    2. You place your order by using the ordering process on our Site. This involves making the selection on our site and transmitting the order to us by clicking on the “Pay Now” button.
    3. You must ensure that your order and any other information you supply to us is correct and complete and is not in breach of section 3 (User Information) above.
    4. We will refer to the original User information provided by you at the time of placing the order. If you revise the User information after placing the order, it will not be used in relation to the original order.
    5. Due to the nature of the personalised meal plan Services we provide, there is no right of a refund if you decide to change your mind after placing the order. This does not affect your statutory rights.
    6. All communication relating to this order will be made by email to the email address you used to create your User account.
    7. Your placement of a request for Services does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
    8. By placing an order, you are confirming that you are 16 years of age or older.
  5. Payment and price

    1. The price for the Services is as stated on our Site at the time you order. VAT is included unless we say otherwise.
    2. Payment is required at the time of placing the order.
  6. Discount codes

    1. We may offer promotions from time to time. Such promotions may only be applied to purchases made through the account in respect of which the discount was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: promotions (1) are only available for future new orders placed online, (2) cannot be used retrospectively. Also you cannot use more than one promotion per transaction unless we state otherwise; if we do so, the order in which the promotions are to be applied is in our sole discretion.
    2. Promotions are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
    3. New User promotions apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.
    4. We reserve the right to reject any discount and/or reclaim the amount of any discount if we consider that it is being used in breach of these terms or is otherwise being abused.
  7. Typographical Errors and Incorrect Pricing

    1. In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
  8. Privacy Policy and Terms of Use

    1. You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy Policy, which is hereby incorporated and made a part of these Terms and is subject to change from time to time.
    2. You agree that your access to and use of the Site shall be governed by our Terms of Use, which is hereby incorporated and made a part of these Terms and is subject to change from time to time.
  9. Liability

    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees.
    2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
    3. You agree to defend, indemnify, and hold harmless IndexSpaces from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of Section 3 (User Information) above.
    4. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
      1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
      2. such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
      3. such loss or damage is caused by you, for example by not complying with this agreement; or
      4. such loss or damage relates to a business (as we do not intend for our Services to be used for business).
    5. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
    6. You are responsible for the proper and safe washing, preparation, storage and cooking of the meals.
    7. Even though the meal plans will be personally curated by an in-house doctor, the information provided in the meal plans is intended to be general information only and does not constitute as a medical consultation between a doctor and a patient (see Clause 2.2 for further information). We do not represent or warrant that the Services will be suitable to cure, resolve or treat any medical condition. We also do not represent or warrant that our food programs will be compliant with any course of treatment. Consult your own doctor prior to starting any food program.
    8. IndexSpaces disclaims and excludes any and all liability in respect of any (temporary and/or partial) breakdown, outages, downtime, interruption or unavailability of the Site, Platforms, the Service and/or the Extranet.
    9. IndexSpaces does not warrant the accuracy, completeness, or timeliness of the information obtained through the Site.
    10. You assume total responsibility and risk for your use of this Site, site-related services and linked websites. IndexSpaces does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive malware programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back-up and security.
  10. Termination

    1. We may cancel this agreement immediately by email notice at any time if any amount due to us is unpaid, or unjustifiably charged back,
    2. You may cancel this agreement at any time by contacting us via the Customer Support page.
    3. In the event of termination of this agreement, we are entitled to delete your account.
  11. Events outside our control

    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
  12. Miscellaneous

    1. Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver”
    2. If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply.
    3. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
  13. Disclaimer of Warranties

    YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. INDEXSPACES DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS.

  14. English law

    These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

  15. Complaints

    If you have any complaints, please contact us by visiting our Customer Support page.

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