Website owner, the offering, and binding of Terms

This website is owned and operated by Jacky Lampl. These Terms set forth the terms and conditions under which you may use my website and services as offered by me. This website offers visitors nutrition, wellness and yoga services, recipes and nutritional tips. By accessing or using the website of my service, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or receive my services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Key Commercial terms offered to customers

When buying a plan or service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices I charge for using my services are listed on the website. I reserve the right to change my prices for services and plans displayed at any time, and to correct pricing errors that may inadvertently occur. 

 

Cancellation and refund policy

Nutrition appointments can be cancelled up to 24 hours before the set date and you will be granted a credit. Should I be cancelling the appointment, I will give you a full refund, even if it's less than 24 hours from our meeting time. I will offer you the possibility to reschedule your appointment. Yoga related cancellations can be made up to 12 hours before the booked class.

 

Retention of right to change offering

I may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. I may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related there to, are the exclusive property of Jacky Lampl. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works there of. You recognise and agree that by uploading any content (including, but not limited to, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.

 

Right to suspend or cancel the user account

I may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if, in my sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Indemnification

You agree to indemnify and hold Jacky Lampl harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Jacky Lampl, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, Jacky Lampl assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms

I reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When I change the Terms in a material manner, I will notify you that material changes have been made to the Terms. Your continued use of the Website or my service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us at any time.

 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in London. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Nutrition client acknowledgements and obligations

We request that all clients particularly note the following provisions contained in this clause.
1 You acknowledge and agree that:
1.1 the degree of benefit obtainable from nutritional therapy may vary between clients with
similar health problems and following a similar nutritional therapy programme;
1.2 nutritional advice delivered as part of the Services will be tailored to support health
conditions and/or health concerns identified and agreed upon between both parties;
1.3 Nutritional therapists are not permitted to diagnose or claim to treat medical conditions;
1.4 nutritional advice is not a substitute for professional medical advice and/or treatment;
1.5 you are obliged to inform us of any changes which may occur to your medical records,
medication or health during the term of the Contract;
1.6 the Services are intended to encompass your requirements as much as possible. Whilst every effort is made to ensure the Services are both safe and effective, there is a risk of adverse outcomes from a nutritional protocol and you acknowledge and agree that you are taking part in the Services of your own free will and are aware of the risks as stated by the Nutritional Therapist;
1.7 the advice or recommendations which you will receive from the Nutritional Therapist
is not a substitute for medical advice from a qualified doctor;
1.8 the advice or recommendations which you will receive from the Nutritional Therapist
is personal and applies to you only. This same advice may be ineffective or
even harmful when applied to other people with different backgrounds;
1.9 any changes in your diet and lifestyle may produce effects in your body, energy, health,
and conditions that are gradual in nature – not instantaneous;
1.10 the advice you shall receive will not be enough to achieve your nutrition or lifestyle goals unless you follow it diligently and commit to it fully;
1.11 we cannot guarantee a successful outcome of the Services, and although we will help
you achieve your goals we do not warrant or represent that you will fully attain such goals due to factors outside of our control;
1.12 once you have completed a nutrition programme recommended by the Nutritional
Therapist, the recommendations made during the programme may no
longer be appropriate and no advice or recommendation shall be applicable after the termination date of the nutrition programme. If you choose to continue with the nutrition programme beyond termination, this is done so at your own risk.
 

2 In addition to the provisions of clause 1, you further understand and agree that:
2.1 you are responsible for contacting your GP about any health concerns you may have;

2.2 any information or guidance which the Company or Nutritional Therapist provide is not a substitute for the Consultation, diagnosis and/or medical treatment of your GP or healthcare provider;
2.3 you give permission for the Nutritional Therapist to contact your GP
regarding any agreed aspect of your nutritional programme;
2.4 if you are receiving treatment from your GP, or any other medical provider, you should tell him/her about any nutritional strategy provided by the Nutritional Therapist;
2.5 you will tell the Nutritional Therapist about any medical diagnosis, medication, herbal
medicine, or food supplements, which you taking as this may affect the nutritional programme.
 

3 Prior to any Consultation as part of the Services, you must submit all information as
requested by the Nutritional Therapist via phone, email, in-person, or by any other means of communication as is reasonably necessary.
 

4 You warrant and represent that:
4.1 all information provided by you is true, accurate and up to date;
4.2 you will communicate to the Nutritional Therapist any changes in your medical prescriptions, medical records, herbal prescriptions, supplements, or treatments for the duration of the Services;
4.3 you must inform the Nutritional Therapist promptly if any of the new
changes in diet or lifestyle start to cause you adverse effects.
 

5 Your registered GP remains your primary care physician and the appropriate contact in a
health emergency.
 

If you are unclear about the agreed nutritional therapy protocol/food supplement doses/time
period given by the nutritional therapist, you should contact us promptly and not proceed until you have received clarification.

 

Privacy Policy

My nutritional therapy practice holds some information about you. This document outlines how that information is used, whom I may share that information with and how I keep it secure.

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1  What I Do

My practice provides nutritional therapy services to clients to improve their health through diet and lifestyle interventions. The focus is on preventative healthcare, the optimisation of physical and mental health and chronic health conditions. Through nutritional therapy consultations, dietary and lifestyle analysis and biochemical testing, the aim is to understand the underlying causes of your health issues which I will seek to address through personalised dietary therapy, supplements and lifestyle advice.

 

2  How I Obtain Your Personal Data

Information provided by you

• You provide me with personal data in the following ways:

• By completing a nutritional therapy questionnaire

• By signing a terms of engagement form

• During a nutritional therapy consultation

• Through email, over the telephone or by post

• By taking credit cards and online payment

This may include the following information:

• Basic details such as name, address, contact details and next of kin

• Details of contact we have had with you, such as referrals and appointment requests

• Health information, including your previous medical history, dietary, lifestyle, supplement and medicine details, biochemical test results, clinic notes and health improvement plans

• GP contact information

• Bank details

• We use this information to provide you with direct healthcare. This means that the legal basis of holding your personal data is for legitimate interest.

Following the completion of your healthcare, I retain your personal data for the period defined by our professional association BANT and registrant body, CNHC. This enables me to process any complaint you may make. In this case, the legal basis of my holding of your personal data is for contract administration.

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Information we get from other sources

I may obtain sensitive medical information in the form of test results from biochemical testing companies. I use this information to provide you with direct healthcare. This means that the legal basis of my holding of your personal data is for legitimate interest. 

I may obtain sensitive information from other healthcare providers. The provision of this information is subject to you giving me your express consent. If I do not receive this consent from you, I will not be able to coordinate your healthcare with that provided by other providers, which means the healthcare provided by me may be less effective.

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3. How I use your personal data

I act as a data controller for the use of your personal data to provide direct healthcare. I also act as a controller and processor in regard to the processing of your data from third parties, such as testing companies and other healthcare providers. I act as a data controller and processor in regard to the processing of credit card and online payments.

I undertake at all times to protect your personal data, including any health and contact details, in a manner which is consistent with my duty of professional confidence and the requirements of the General Data Protection Regulation (GDPR) concerning data protection. I will also take reasonable security measures to protect your personal data storage.

I may use your personal data where there is an overriding public interest in using the information, e.g. in order to safeguard an individual or to prevent a serious crime, and also where there is a legal requirement such as a formal court order. I may use your data for marketing purposes, such as newsletters but this would be subject to you giving me your express consent.

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4  Do you share my information with other organisations?

I will keep information about you confidential. I will only disclose your information to other third parties with your express consent with the exception of the following categories of third parties:

• Our registrant body, CNHC and our professional association, BANT, for the processing of a complaint made by you

• Any contractors and advisors that provide a service to us or act as our agents on the understanding that they keep the information confidential

• Anyone to whom we may transfer our rights and duties under any agreement we have with you

• Any legal or crime prevention agencies and/or to satisfy any regulatory request (e.g, CNHC) if we have a duty to do so or if the law allows us to do so

We may share your information with supplement companies and biochemical testing companies as part of providing you with direct healthcare. We will not include any sensitive information

We will seek your express consent before sharing your information with your GP or other healthcare providers. However if we believe that your life is in danger then we may pass your information onto an appropriate authority (such as the police, social services in the case of a child or vulnerable adult, or GP in case of self-harm) using the legal basis of vital interests.

We may share your case history in an anonymised form with our peers for the purpose of professional development. This may be at clinical supervision meetings, conferences, online forums, and through publishing in medical journals, trade magazines or online professional sites. We will seek your explicit consent before processing your data in this way.

 

5  What are your rights?

Every individual has the right to see, amend, delete or have a copy, of data held that can identify you, with some exceptions. You do not need to give a reason to see your data.

If you want to access your data you must make a subject access request in writing to jacky.beyoga@gmail.com. Under special circumstances, some information may be withheld.   I shall respond within 20 working days from receiving the request and all necessary information from you. My response will include the details of the personal data we hold on you, including:

• Sources from which I acquired the information

• The purpose of processing the information

• Persons or entities with whom I am sharing the information

• You have the right, subject to exemptions, to ask to:

• Have your information deleted

• Have your information corrected or updated where it is no longer accurate

• Ask me to stop processing information about you where we I am not required to do so by law or in accordance with the BANT and CNHC guidelines.

• Receive a copy of your personal data, which you have provided to me, in a structured, commonly used and machine readable format and have the right to transmit that data to another controller, without hindrance from us.

• Object at any time to the processing of personal data concerning you

We do not carry out any automated processing, which may lead to automated decisions based on your personal data.

If you would like to invoke any of the above rights, then please email jacky,beyoga@gmail.com

 

6.  What safeguards are in place to ensure data that identifies me is secure?

I only use information that may identify you in accordance with GDPR. This requires me to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful.

Within the health sector, I also have to follow the common law duty of confidence, which means that where identifiable information about you has been given in confidence, it should be treated as confidential and only shared for the purpose of providing direct healthcare. I will protect your information, inform you of how your information will be used, and allow you to decide if and how your information can be shared.

I also ensure the information I hold is kept in secure locations and restrict access to information to authorised personnel only. I ensure external data processors that support me are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed.

 

7. How long do you hold confidential information for?

All records I hold will be kept for the duration specified by guidance from our professional association, BANT.

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8  Website technical details

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Cookie Policy

Cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Cookies are small. I do not make use of cookies to collect any private or personally identifiable information. The technical platform of this website uses cookies solely to aid the proper technical functioning of the website. The cookies used contain random strings of characters alongside minimal information about the state and session of the website – which in no way collects or discloses any personal information about you as a visitor.

Advanced areas of this site may use cookies to store your presentation preferences purely technically with no individually identifiable information. Note also my statement on analytics software below – as analytics software also uses cookies to function.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

To opt out of being tracked by Google Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout

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WIX

My company is hosted on the Wix.com platform. Wix.com provides me with the online platform that allows me to sell my services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.All direct payment gateways offered by Wix.com and used by my company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

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9 Analytics

Like most websites, I make use of analytics software in order to help me understand the trends in popularity of my website and of different sections. I make no use of personally identifiable information in any of the statistical reports I use from this package. I use an analytics package called Google Analytics who provide details of their privacy policy on the Google website.

 

10 Complaints

If you have a complaint regarding the use of your personal data then please contact me by emailing jacky.beyoga@gmail.com

 

Disclaimer

I do not guarantee that the information I provided will help everyone and following them are at your own risk. You recognise that any advice I share on my website or blog is solely from personal experience and education and may not suit or work for everyone. You therefore release me from any blame or claim arising from such a situation. We are entitled to cancel any appointments as needed.