Terms & Conditions

INTRODUCTION

 

These Conditions, together with any and all other documents referred to herein, set out the terms on which we provide our Product to registered account holders through this Website. Please read these Conditions carefully and ensure that you understand them before purchasing a Product from us. You will be required to accept these Conditions when ordering a Product. If you do not agree to comply with and be bound by these Conditions, you will not be able to purchase a Product.

 

The Website is owned and operated by Healthlab Online Limited (trading as The Fast 800), Registered Number 10616389 (the “Supplier”) whose registered office is at 29 Baring Road, Beaconsfield, Buckinghamshire, United Kingdom, HP9 2NB. Use of our Website is subject to our Website Terms & Conditions. Please ensure that you have read them carefully and that you understand them.

 

All personal information that we may collect from you will be collected, used and held in accordance with our Privacy & Cookie Policy and your rights under data protection legislation.

 

AGREED TERMS

1.     Interpretation


1.1.
Definitions. In these Conditions, the following definitions apply:


1.1.1.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. 


1.1.2.
Charges: the charges payable by the Customer for the supply of the Product purchased via our Website in accordance with clause 5 (“Charges and Payment”) below.


1.1.3.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with the Conditions.


1.1.4.
Contract: the agreement and contract between the Supplier and the Customer for the supply of the Product in accordance with these Conditions and any other terms referred to herein.


1.1.5.
Customer: the person or firm who purchases Services or a Product from the Supplier.


1.1.6.
Deliverables: the deliverables associated with the Product purchased by the Customer.


1.1.7.
Intellectual Property Rights:
patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.


1.1.8.
Order: the Customer’s order for a Product via our Website.


1.1.9.
Product: the Programme and Subscription.


1.1.10.
Programme: the Supplier’s 12-week programme for the provision of meal plans, exercise plans, a monitored forum, educational content, mindfulness guides, and such other services or content as provided  by  the Supplier from time to time.


1.1.11.
Services: meal and exercise planning services, quizzes, monitored forum and educational and mindfulness content, including the Deliverables, supplied by the Supplier to the Customer in accordance with the Order.


1.1.12.
Subscription: a monthly subscription to the Services which begins automatically upon completion of the Programme.


1.1.13.
Website: the website at https://thefast800.com or https://programme.thefast800.com.


1.2.
Construction. In these Conditions, the following rules apply:


1.2.1.
a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); 


1.2.2.
a reference to a party includes its personal representatives, successors and permitted assigns;


1.2.3.
a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted includes any subordinate legislation made under that statute or statutory provision as amended or re-enacted;


1.2.4.
any obligation on a party not to do something includes an obligation not to allow that thing to be done;


1.2.5.
any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and


1.2.6.
a reference to writing or written includes faxes and emails.

2.     Age Restrictions and Basis of contract


2.1.
Customers may only purchase a Product through the Website if they are at least 18 years of age and agree to the Supplier’s Medical Disclaimer.


2.2.
The Website will guide the Customer through the Order process. The Order constitutes an offer by the Customer to purchase a Product in accordance with these Conditions.


2.3.
The Order shall only be deemed to be accepted when the Supplier issues an email confirmation of the Order (following verification by the Supplier of the Customer’s email address, such confirmation to generally occur within 24 hours), at which point and on which date the Contract shall come into existence. Confirmations will include details of the Product purchased, including its duration (including the start date and renewal date), price and full details of the main characteristics of the Services available as part of it.


2.4.
The Contract constitutes the entire agreement between the parties in relation to its subject matter. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.


2.5.
Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s promotional materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.


2.6.
These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of
dealing.

 

3.     Supply of Services


3.1.
The Product and Services have been designed in consultation with qualified professionals in order to assist Customers to improve their health, fitness and/or nutrition. However the Supplier cannot guarantee particular outcomes for individual Customers.


3.2.
All participation in a Product requires accessing the Services online on a regular basis, in order to access (among other information and features) diet plan and exercise prescriptions.


3.3.
A Product may be designed to take place over a specific period. The Supplier shall make the online Services available to the Customer over for the duration of such period. Whether the Services will remain accessible following such period (and for how long) will depend on the scope of services and inclusions advertised by the Supplier in relation to that Product.


3.4.
Individual results may vary depending on:


3.4.1.
The Customer’s health, injuries or health conditions;


3.4.2.
Environmental factors, including access to the internet or ingredients;


3.4.3.
Other matters particular to the Customer or otherwise outside of the Supplier’s control.


3.5.
Each Product may provide the
Customer with general medical advice. The Supplier does not provide
personalised medical advice to any Customer as part of a Product. The Supplier
recommends the Customer consult a qualified medical practitioner such as a
general practitioner (GP) if they have any concerns about their health or the
content of a Program as it relates to them personally.


3.6.
The Supplier shall supply the
Product and Servicesn to the Customer in accordance with the Order in all
material respects.


3.7.
The Supplier shall use all
reasonable endeavours to meet any performance dates specified in the Order, but
any such dates shall be estimates only and time shall not be of the essence.


3.8.
The Supplier shall have the
right to make any changes to the Product or Services which are necessary to
comply with any applicable law or safety requirement, or which do not
materially affect the nature or quality of the Services.


3.9.
The Supplier warrants to the
Customer that the Services will be provided using reasonable care and skill.

4.
4. Customer’s obligations


4.1.
The Customer shall:


4.1.1.
ensure that the
terms of the Order and any information it provides in the Order are complete
and accurate;


4.1.2.
cooperate with the
Supplier in all matters relating to the Services;


4.1.3.
provide the
Supplier with such information and materials as the Supplier may reasonably
require in order to supply the Services, and ensure that such information is
accurate and kept up-to-date in all material respects;
 


4.1.4.
prepare the
Customer’s premises for the supply of the Services, as the Supplier may
reasonably require in order to supply the Services;


4.1.5.
obtain and
maintain all necessary licences, permissions and consents which may be required
before the date on which the Services are to start.


4.2.
If the Supplier’s performance of
any of its obligations under the Contract is prevented or delayed by any act or
omission by the Customer or failure by the Customer to perform any relevant
obligation (“Customer Default”):


4.2.1.
the Supplier
shall, without limiting its other rights or remedies, have the right to suspend
the Product or performance of the Services until the Customer remedies the
Customer Default, and to rely on the Customer Default to relieve it from the
performance of any of its obligations to the extent the Customer Default
prevents or delays the Supplier’s performance of any of its obligations;


4.2.2.
the Supplier shall
not be liable for any costs or losses sustained or incurred by the Customer
arising directly or indirectly from the Supplier’s failure or delay to perform
any of its obligations as set out in this clause; and


4.2.3.
the Customer shall
reimburse the Supplier on written demand for any costs or losses sustained or
incurred by the Supplier arising directly or indirectly from the Customer
Default.

 

5.     Charges and payment


5.1.
The Charges for the Services
shall be as set out in the Order or, if no price is quoted, the price set out on
the Website at the time the Order is placed. If there are any discrepancies
between prices published on our Website and prices appearing in an Order, the
prices in the Order shall prevail.


5.2.
For Product purchases, the
Charges for the initial 12-week Programme shall be payable in full in cleared
funds upon placement of an Order. By purchasing a Product, the Customer agrees
to be automatically enrolled in a Subscription at the Programme’s termination.
Monthly Charges for the Subscription will begin four (4) weeks from the date of
the Programme’s termination and will recur monthly thereafter.

5.4.
All payments shall be made via credit
card or debit card. Time of payment is of the essence.


5.5.
Unless otherwise stated, the
price of the Services will be inclusive of amounts in respect of value added
tax (“VAT”). Where exclusive of VAT, the Customer shall pay to the
Supplier such additional amounts in respect of VAT as are chargeable on the
supply of the Services.


5.6.
If the Customer fails to make
any payment due to the Supplier under the Contract by the due date for payment,
then the Supplier reserves the right to suspend the Services and terminate the
Contract.


5.7.
The Supplier reserves the right
to amend the Charges at any time and to add, alter, or remove special offers
from time to time. Changes in price will not affect any Order that a Customer
has already purchased but will apply to any future Orders.


5.8.
The Customer shall pay all
amounts due under the Contract in full without any set-off, counterclaim,
deduction or withholding (except for any deduction or withholding required by
law). The Supplier may at any time, without limiting its other rights or
remedies, set off any amount owing to it by the Customer against any amount
payable by the Supplier to the Customer.

 

6.     Intellectual property rights


6.1.
All Intellectual Property Rights
in or arising out of or in connection with the Website, Product and the
Services shall be owned by the Supplier or its licensors. The Supplier shall
assert all moral rights arising out of Chapter IV of the Copyright, Designs and
Patents Act 1988. Any publication of Product content by  the Customer is a
violation of the Supplier’s Intellectual Property Rights.


6.2.
The Customer acknowledges that,
in respect of any third party Intellectual Property Rights, the Customer’s use
of any such Intellectual Property Rights is conditional on the Supplier
obtaining a written licence from the relevant licensor on such terms as will
entitle the Supplier to license such rights to the Customer.


6.3.
All Supplier Materials are the
exclusive property of the Supplier, or its licensors (as the case may be).

 

7.     Confidentiality

7.1.
Each party (‘receiving party’) shall keep in strict confidence all technical or commercial
know-how, specifications, inventions, processes or initiatives which are of a
confidential nature and have been disclosed to the receiving party by the other
party (‘disclosing party’), its employees, agents or subcontractors, and any
other confidential information concerning the disclosing party, its business,
its products and services which the receiving party may obtain or which is
disclosed to that party by the disclosing party pursuant to or in connection
with the Contract (whether orally or in writing or any other medium, and
whether or not the information is expressly stated to be confidential or marked
as such). The Supplier shall only disclose such confidential information to
those of its employees, agents and subcontractors who need to know it for the
purpose of discharging its obligations under the Contract, and shall ensure
that such employees, agents and subcontractors comply with the obligations set
out in this clause as though they were a party to the Contract. The receiving
party may also disclose such of the disclosing party’s confidential information
as is required to be disclosed by law, any governmental or regulatory authority
or by a court of competent jurisdiction. This clause shall survive termination
of the Contract. The restrictions in this clause shall not apply to any
information which is or becomes publicly available otherwise than through a
breach of these Conditions, is already or rightly comes into the receiving
party’s possession without an accompanying obligation of confidence, or which
is independently developed by the receiving company.

 

8.     Limitation
of liability and indemnity


8.1.
The Product andServices supplied
to the Customer are general advice only and is not a substitute for medical
care. The Customer should consult a medical professional before beginning a
Product or using any of the Services.


8.2.
The Supplier cannot guarantee that
a Product or any of the Supplier’s Services will produce specific results or
that they will be suitable for the Customer. Personalised Products are general
advice only and is not a substitute for medical advice. The Customer is
responsible for determining whether any information provided by the Supplier is
suitable.


8.3.
The Supplier cannot guarantee
that any meal plan or recipe is suitable for any of the Customer’s dietary
restrictions, irrespective of any tags or labelling on a meal plan or recipe.
The Customer is responsible for ensuring all meals or recipes suit their
dietary restrictions, including verifying any ingredients purchased to make
such meals or recipes.


8.4.
Exercise. Recommended exercises are performed at the
Customer’s own risk. Exercise plans do not take injuries into account. The
Customer should consult a healthcare professional before starting a new
exercise regime, especially with regards to High Intensity Interval Training
(“HIIT”). Guides are not intended to replace personalised consultations with
suitably qualified professionals. If a Customer experiences any pain or
discomfort while participating in any physical exercise, while following any
instructions in an exercise guide, the Customer is advised to immediately cease
the exercise and consult a doctor or physiotherapist.


8.5.
Forum.


8.5.1.
Advice given in the forum (or by
any other means) is general in nature. Only general advice is permitted to be
discussed in the forum. No user (including the Supplier’s health professionals)
may provide, or purport to provide, personal medical advice to any other
individual within the forum. The Supplier cannot guarantee the advice of others
on the forum.


8.5.2.
All users are expected to use
the forum in a way that is consistent with the values of tolerance and mutual
respect. The Supplier reserves the right to monitor and suspend the account of
any user that the Supplier determines, in its sole discretion, posts or
otherwise communicates with other users in a way that:


8.5.2.1.
Promotes hate or intolerance
towards an individual or class of people;


8.5.2.2.
Promotes violence;


8.5.2.3.
Promotes hateful or negative
content; or


8.5.2.4.
Promotes any other negative or
antisocial behaviour.
 


8.6.
Mindfulness. The Customer is responsible for ensuring that
mindfulness activities are performed in a safe environment. Mindfulness
activities should not be performed whilst driving, operating heavy machinery,
or in any other situations that require the Customer to remain alert.


8.7.
Educational Content. Educational content is general in nature. The
Customer is responsible for determining whether educational content is
applicable to the Customer. The Customer should consult a healthcare provider
before applying any advice or educational content.


8.8.
Meal Plans. Meal plans may not be suitable for everyone. The
Customer should consult a healthcare professional prior to following a meal
plan,  especially for meal plans that incorporate calorie restriction. The
Supplier is not responsible for any nutritional deficiencies caused by
following a meal plan. The Supplier cannot guarantee specific results will be
achieved by following a meal plan.


8.9.
Assessments. Results from our personalisation assessment and/or
fitness assessment are general in nature. The Customer should consult a
healthcare professional prior to following the results of an assessment.

 

      8.10.
Tracker. The Customer is responsible for ensuring a
healthcare provider monitors any metrics input into the Supplier’s tracking
tool. The Supplier is not responsible for notifying the Customer or a
healthcare provider when metrics such as BMI or blood sugar fall outside the
advisable range.

 

      8.11.
Nothing in these Conditions
shall limit or exclude the Supplier’s (or its employees’, agents’ or
subcontractors’) liability for:

 8.11.1.
death or personal
injury caused by its negligence, or the negligence of its employees, agents or
subcontractors;
 


8.11.2.
fraud or
fraudulent misrepresentation; or


8.11.3.
any other
liability to the extent such liability may not be excluded or limited as a
matter of law.
 

      8.12.
Subject to the aforesaid:

8.12.1.
the Supplier shall
under no circumstances whatever be liable to the Customer, whether in contract,
tort (including negligence), breach of statutory duty or otherwise, for any
loss (whether direct or indirect) of actual or anticipated income, savings or profits,
contracts, business, business opportunities, revenue, turnover, savings,
goodwill, reputation loss or corruption of data or information, or wasted
expenditure, or for any indirect or consequential loss arising under or in
connection with the Contract; and

 8.12.2.
the Supplier’s
total liability to the Customer in respect of all other losses arising under or
in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty or otherwise, shall in no circumstances
exceed the Charges paid by the Customer to the Supplier in the 6-month period
prior to the claim.

 

      8.13.
The terms implied by sections 3
to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent
permitted by law, excluded from the Contract.

 

      8.14.
The Customer shall indemnify the
Supplier against any costs, liability, damages, loss, expenses, claims or
proceedings arising from loss or damage (including that belonging to any third
parties appointed by the Supplier) caused by any breach of these Conditions or
any other liabilities arising out of the use of the Website or the Services by
the Customer or its agents or employees.

 

      8.15.
This clause shall survive
termination of the Contract.

 

9.     Termination


9.1.
The Customer may end the
Contract at any time.  Unless the Customer opts out of the automatic
Subscription enrollment, the Contract will continue in force after the 12-week
Programme period. If the Customer opts out of the Subscription, the Contract
will cease automatically. Once a Subscription has begun, the Contract will
cease when the Subscription is cancelled.


9.2.
If a cancellation or a change is
set to take effect or apply before the end of a current Subscription, the
Customer will continue to have access to the Subscription services for the
remainder of the current month.  Refunds will only be available during the
first two (2) weeks of the 12-week Programme. For more details of your legal
rights, please refer to your local Citizens Advice Bureau or Trading Standards
Office.


9.3.
Without limiting its other
rights or remedies, the Supplier may terminate the Contract at any time by
giving the Customer one month’s notice in writing and, unless termination is
the fault of the Customer, the Supplier shall refund to the Customer any Charges
paid for services not yet received.


9.4.
The Supplier may terminate the
Contract immediately if the Customer is in breach of the Contract or any other
agreement between the Customer and the Supplier (including but not limited to
the Supplier’s Forum Guidelines or Website Terms & Conditions).


9.5.
The Supplier may suspend
provision of the Product or the Services under the Contract or any other
contract between the Customer and the Supplier if the Customer fails to pay any
amount due under this Contract on the due date for payment or the Supplier
believes that the Customer may be unable to pay its debts as and when they fall
due, or if the Customer stops carrying on business or threatens to do so.


9.6.
Termination of the Contract,
however arising, shall not affect any of the parties’ rights, remedies,
obligations and liabilities that have accrued as at termination.

 

10.     Consequences of termination

      10.1.
On termination of the Contract
for any reason:


10.1.1.
the Customer shall
immediately pay to the Supplier any outstanding Charges and interest due;


10.1.2.
the Customer shall
return all of the Supplier Materials and any Deliverables which have not been
fully paid for. If the Customer fails to do so, then the Supplier may enter the
Customer’s premises and take possession of them. Until they have been returned,
the Customer shall be solely responsible for their safe keeping and will not
use them for any purpose not connected with this Contract;


10.1.3.
the accrued
rights, remedies, obligations and liabilities of the parties as at expiry or
termination shall be unaffected, including the right to claim damages in
respect of any breach of the Contract which existed at or before the date of
termination or expiry;


10.1.4.
clauses which
expressly or by implication survive termination shall continue in full force
and effect.

 

11.     Force majeure

      11.1.
For the purposes of this
Contract, Force Majeure Event means an event beyond the reasonable
control of the Supplier including but not limited to strikes, lock-outs or
other industrial disputes (whether involving the workforce of the Supplier or
any other party), failure of a utility service or transport network, act of
God, war, riot, civil commotion, malicious damage, compliance with any law or
governmental order, rule, regulation or direction, accident, breakdown of plant
or machinery, fire, flood, storm or default of suppliers or subcontractors.

      11.2.
The Supplier shall not be liable
to the Customer as a result of any delay or failure to perform its obligations
under this Contract as a result of a Force Majeure Event.

      11.3.
If the Force Majeure Event
prevents the Supplier from providing any of the Services for more than 30 days,
the Supplier shall, without limiting its other rights or remedies, have the
right to terminate this Contract immediately by giving written notice to the
Customer.
 

12. General

      12.1.
Changes to these Terms. The Supplier may revise these Terms at any time by
amending this page. Please check this page from time to time for any changes,
as they are binding on you upon your first use of the Services after the
changes have been introduced. In the event of any conflict between the current
version of these Terms and any previous version(s), the provisions that are
current and in effect will prevail (unless it is expressly stated otherwise).

      12.2.
Assignment and other
dealings.


12.2.1.
The Supplier may at any time
assign, transfer, mortgage, charge, subcontract or deal in any other manner
with all or any of its rights under the Contract and may subcontract or
delegate in any manner any or all of its obligations under the Contract to any
third party or agent.
 


12.2.2.
The Customer shall not, without
the prior written consent of the Supplier, assign, transfer, mortgage, charge,
subcontract, declare a trust over or deal in any other manner with any or all
of its rights or obligations under the Contract.
 

      12.3.
Notices.


12.3.1.
Any notice or
other communication given to a party under or in connection with the Contract
shall be in writing, addressed to that party at its registered office (if it is
a company) or its principal place of business (in any other case) or such other
address as that party may have specified to the other party in writing in
accordance with this clause, and shall be delivered personally, sent by
pre-paid first class post or other next working day delivery service,
commercial courier, fax or e-mail.
 


12.3.2.
A notice or other
communication shall be deemed to have been received: if delivered personally,
when left at the address referred to in clause [12] (“Notices”); if sent by
pre-paid first class post or other next working day delivery service, at 12.00
pm on the second Business Day after posting; if delivered by commercial
courier, on the date and at the time that the courier’s delivery receipt is
signed; or, if sent by fax or e-mail, one Business Day after transmission.
 


12.3.3.
The provisions of
this clause shall not apply to the service of any proceedings or other
documents in any legal action.
 

      12.4.
Severance


12.4.1.
If any provision
or part-provision of the Contract is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to
make it valid, legal and enforceable. If such modification is not possible, the
relevant provision or part-provision shall be deemed deleted. Any modification
to or deletion of a provision or part-provision under this clause shall not
affect the validity and enforceability of the rest of the Contract.
 


12.4.2.
If any provision
or part-provision of this Contract is invalid, illegal or unenforceable, the
parties shall negotiate in good faith to amend such provision so that, as
amended, it is legal, valid and enforceable, and, to the greatest extent
possible, achieves the intended commercial result of the original provision.

 

      12.5.
Waiver. A waiver of any right under the Contract or law is
only effective if it is in writing and shall not be deemed to be a waiver of
any subsequent breach or default. No failure or delay by a party in exercising
any right or remedy provided under the Contract or by law shall constitute a
waiver of that or any other right or remedy, nor shall it prevent or restrict
its further exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall prevent or restrict the further exercise
of that or any other right or remedy.

 

      12.6.
No partnership or agency. Nothing in the Contract is intended to, or shall be
deemed to, establish any partnership or joint venture between the parties, nor
constitute either party the agent of the other for any purpose. Neither party
shall have authority to act as agent for, or to bind, the other party in any
way.

 

      12.7.
Third parties. A person who is not a party to the Contract shall
not have any rights to enforce its terms.

 

      12.8.
Variation. The Supplier may revise these Conditions from time
to time in response to changes in relevant laws and other regulatory
requirements.  If the Supplier changes these Conditions as they relate to the
Customer’s Product, it will give the Customer reasonable advance notice of the
changes and provide details of how to cancel if the Customer is not happy with
them.

      12.9.
Governing law. This Contract and any dispute or claim arising out
of or in connection with it or its subject matter or formation (including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the law of England and Wales.

 

   12.10.
Jurisdiction. Each party irrevocably agrees that the courts of
England and Wales shall have exclusive jurisdiction to settle any dispute or
claim arising out of or in connection with this Contract or its subject matter
or formation (including non-contractual disputes or claims).