NuMi Health Limited Website Terms
1. Introduction
These Terms of Use govern your use of the NuMi website (the "Website"). By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.
2. Website Content
The Website contains information, text, graphics, images, and other materials (the "Content"). The Content is protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or display the Content without our prior written permission.
3. User Conduct
You agree to use the Website for lawful purposes only and in accordance with these Terms of Use. You may not:
Use the Website in a way that infringes the rights of others, including intellectual property rights.
Use the Website to transmit or distribute viruses, malware, or other harmful code.
Use the Website to harass, threaten, or intimidate others.
Attempt to gain unauthorised access to the Website or its systems.
4. Limitation of Liability
We are not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website.
5. Indemnification
You agree to indemnify and hold us harmless from any claims, liabilities, damages, and expenses arising out of or in connection with your use of the Website.
6. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7. Changes to these Terms of Use
We may revise these Terms of Use from time to time. The revised Terms of Use will be effective immediately upon posting on the Website. Your continued use of the Website after the effective date of any revised Terms of Use constitutes your acceptance of such revised Terms of Use.
8. Contact Information
If you have any questions about these Terms of Use, please contact us at info@numi.org.uk
NuMi Health Limited Booking & Service Terms
It is your responsibility to read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with prior to finalising your order of goods or services from NuMi Health Limited. If you are not sure about anything, please email us at info@numi.org.uk
Application
1. These Terms and Conditions will apply to the purchase of the Health Checks, individual health services, coaching and goods (Services) by you (the Client or you).
2. We are NuMi Health Limited a company registered in England and Wales under number 15431730 whose registered office is at 39 Hempstead Rd, Holt, Norfolk, NR25 6DL with email address info@numi.org.uk (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Definitions
4. Client means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession and who engages with NuMi Health Limited;
5. NuMi Team Member means an individual delivering services as part of the offer provided by NuMi Health Limited to its clients;
6. Contract means the legally-binding agreement between you and us for the supply of the Services and/or Goods;
7. Delivery Location means NuMi Health Limited premises at 22 Unthank Road (Dragon House), Norwich, Norfolk, NR2 2RA, or other location where the Services or Goods are to be supplied (including via online video platforms and telephone calls as appropriate), as set out in the Order;
8. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
9. Coaching means the service where the client has access to a NuMi / Health Coach in accordance with the terms of that service;
10. Services means the services, including any individual health services, coaching and/or goods, of the number and description set out in the Order.
11. Order means the Client’s order for the Services from the Supplier as set out in the Client’s order or in the Client’s written acceptance of the Supplier's quotation;
Services
12. The description of the Services is as set out on our website, in catalogues, brochures or other form of physical or digital advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
13. In the case of Services provided to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services are subject to availability. Should a service not be available for any reason, you will be offered a comparable substitution, or if none available then you will be provided with a refund of a portion of the payment made for the service equivalent to the value of the unavailable service.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Client Responsibilities
16. You must cooperate with us in all matters relating to the Services including providing us with all information required to perform the Services within the required time frame prior to the Services being delivered to you.
17. Failure to comply with the above is a Client default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
18. The description of the Services in our website, catalogues, brochures or other form of physical and digital advertisement does not constitute a contractual offer to sell the Services.
19. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
20. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Client saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Client.
21. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Client and the Supplier in writing.
Fees and Payment
22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges include VAT (if applicable) at the rate applicable at the time of the Order and/or service provision whichever falls in compliance with UK law.
24. Payment for Services must be made at the time of booking a service or the purchase of any goods. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately.
Delivery
27. We will deliver the Services, including any Goods, to the Delivery Location (which may include NuMi Health premises, Dragon House, 22 Unthank Road, Norwich, or via online video or telephone call delivery for certain Services) by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 14 calendar days from the day on which the Contract is entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
29. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
30. If you end the Contract within the appropriate termination timeframes and conditions, we will (in addition to other remedies) promptly return all payments made under the Contract.
31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. The Goods will become your responsibility from the completion of delivery or Client collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal
37. You can withdraw the Order by telling us either before goods are dispatched or 72 hours prior to the commencement of a service, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. If your Order is cancelled within 72 hours of the service being provided then any fee already paid is non-refundable.
Duration, Cancellations, Termination and Suspension
38. The Contract continues as long as it takes us to perform the Services.
39. If sessions or appointments are cancelled by NuMi Health Limited, the client is entitled to a full refund. If sessions or appointments are rescheduled by NuMi Health Limited and the rescheduled session or appointment time is not suitable to you, you may request a full refund equal to the amount paid for that service.
40. If a Client is not able to attend an appointment, at least 48 hours notice must be given to reschedule without penalty. If less than 48 hours notice is provided, then the appointment time will be forfeited without any refund of fees already paid.
41. An appointment is able to be rescheduled once only without any penalty being incurred.
42. If a Client does not attend a scheduled appointment and no notice is given, the appointment is forfeited without any refund of fees already paid.
43. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
44. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Privacy
45. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
46. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Notice of Privacy Policy which can be found via the link on our website.
47. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
48. We are a Data Controller of the Personal Data we Process in providing the Services to you.
49. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
50. For any enquiries or complaints regarding data privacy, you can e-mail: info@numi.org.uk.
Successors and Our Sub-contractors
51. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
52. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Client’s above rights relating to delivery.
Liability
53. By engaging the services of the NuMi Team Member operating on behalf of NuMi Health Limited, you understand and agree that the guidance and/or support provided are not a substitute for medical advice, treatment or diagnostics. While the NuMi Team Member assists in achieving wellness and lifestyle goals, you are fully responsible for consulting with a qualified healthcare professional for any medical concerns. NuMi Health Limited or the NuMi Team Member operating on behalf of NuMi Health Limited assumes no liability for consequences arising from your failure to seek medical advice.
54. The data provided to the Client when engaging in a Service provided by NuMi Health Limited is obtained using equipment that is certified and maintained within the requirements of any overriding legislation as well as manufacturers’ recommendations. While every effort is made to ensure that the information obtained through the equipment is accurate, we are not responsible for any inaccuracies as a result of errors or omissions caused by the equipment used.
55. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Client - because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
56. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
57. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Client lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
58. We try to avoid any dispute, so we deal with complaints as follows: If a client is dissatisfied with the services we have provided they should contact us within 5 days of delivery so we can discuss potential solutions - contacting directly info@numi.org.uk with a written form of complaint.