Terms and Conditions
1. www.food-hygiene.net
These Terms & Conditions govern the use of any software (the "Software")
bought from Heartfit Limited (Distributing on behalf of Healthy Distance Ltd)on the web site (www.food-hygiene.net),
whether shipped as a digital download, as an online product or physical CD
product.
2. Introduction
2.1 The software product on this site is distributed by Heartfit Limited an behalf of Healthy Distance Limited and is for the use of food businesses and individuals working in food businesses.
3. Customer Information
Customers should always check the contact information they provide is correct
before proceeding to payment.
4. Product Pricing and Title
4.1 Heartfit makes every effort to ensure that the pricing displayed on
our website is correct. However, if an error in the pricing of a product is
found we reserve the right to either cancel your order or contact you to arrange
payment of any extra sum due or refund any over-payment made by you (as applicable).
4.2 Heartfit reserves the right to alter all product pricing without notice.
4.3 Title in any products ordered from Heartfit do not pass to the purchaser
until a valid payment has been received by Heartfit.
4.4 Heartfit reserves the right to refuse any transaction without providing
notice or reasons. In such circumstances a full refund will be made.
5. Cancellation Right
5.1 The software is intended solely for business use and is not a consumer
product and as such the Consumer Protection (Distance Selling) Regulations 2000
do not apply to products sold on this site.
5.2 No right of cancellation or refund exists under Regulation 13 of the Consumer
Protection (Distance Selling) Regulations 2000 once the software has been
either downloaded by you after purchase or where the physical product has
been shipped to you and the CD packaging has been opened.
6. Customer Complaints
Heartfit endeavours to respond to complaints within 5 working days.
7. Shipping
7.1 No shipping is required for online products.
8. Downloads and Online Products
8.1 Where a Customer purchases an online version of a
product they will also receive an email from Heartfit containing their login details.
8.2 Heartfit reserves the right to delay or refuse to deliver login details where the Customer's transaction contains incomplete details
or details that cannot be verified or where fraud is suspected.
8.3 If Heartfit is unable to reasonably ascertain these details or resolve
these issues a full refund will be made against the card used at the time
or purchase. No other form of refund or credit will be offered nor will a
refund be made to any third party card or account.
9. Returns
9.1 Once an online course has been started (the customer has completed at least one of the online progress tests)
Heartfit will not refund payment for any reason
10. Faulty Products
Where a Customer experiences a fault with the site we will endeavour to fix the problem in a timely manner.
11. Copyright & License
11.1 Customers may not re-sell, re-publish, copy or distribute any software
or any Heartfit document or any part thereof for use by any third party, including
another organisation within a group.
11.2 Customers may not share their unique username or password used with any third party.
11.3 Customers must notify Heartfit of any changes to their contact details,
including their email address.
11.4 Customers must not use the email address supplied at the time of purchase
to forward service announcements or notice of updates sent by Heartfit regarding
the software to another email address, whether it is their email address or
that of a third party.
11.5 Heartfit reserves the right to withdraw access to software updates &
upgrades without prior warning where it is believed that usernames and passwords
have been disclosed to a third party.
11.6 Furthermore Heartfit is not required to show absolute proof that either
the software or any part thereof has been copied or redistributed or that
usernames & passwords have been distributed to a third party or parties.
11.7 If you suspect that a third party is using your username & password you
should contact Heartfit immediately.
11.8 Heartfit will not issue any refunds either in full or part where access
to the software, updates & upgrades is withdrawn due to a breach of these
Terms & Conditions by the Customer.
11.9 Heartfit reserves the right to obtain injunctions and to seek damages
from both the Customer and the third party where it is believed that the software
or any part thereof has been copied or redistributed or that usernames & passwords
have been distributed to a third party or parties.
12. Liability
12.1 Heartfit tries to ensure that all documents or information contained
within the software or any other part of www.food-hygiene.net are accurate
and reflect the law at the time of use.
12.2 However, neither Heartfit, its directors or officers, partners of Heartfit,
or third party sales agents shall be liable for any losses whether direct
or indirect that arise from relying upon the documents or information within
either the software or any other part of www.food-hygiene.net. Or where
the Customer decides to act or not to act based upon the information contained
within the software. All implied warranties are hereby excluded, to the maximum
extent permitted by law.
12.3 Neither the contents of the software or any other part of www.food-hygiene.net
constitute individual legal advice. All of our services should be used in
conjunction with proper legal advice where required.
13.2 Furthermore Heartfit reserves the right to bar users or customers from access to www.food-hygiene.net and any services contained within where a user or customer commits or seeks to commit fraud or attempts to disrupt in any way the services offered.
14. Alteration of www.food-hygiene.net
15.1 Heartfit is free to alter or revise both the software andwww.food-hygiene.net
at any time and without the requirement to notify users.
15.2 However, Heartfit will take all reasonable steps to inform Customers
of changes to the software via the original email address supplied by the
Customer at the time of purchase of the software.
15. Force Majeure
Heartfit shall not be liable for delay or failure to perform any obligation
under these Terms & Conditions if the delay or failure is caused by any circumstances
beyond its reasonable control, including but not limited to acts of god, war,
civil disorder or industrial dispute.
16. Acceptance
Your use of the www.food-hygiene.net and any service
contained within constitutes acceptance of these Terms & Conditions.
17. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between
you and Heartfit.
19. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions
shall be read and construed independently of each other. Should any part of
this agreement or its paragraphs, sub-paragraphs or clauses be found invalid
it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
20. Waiver by Heartfit
Failure by either Heartfit to enforce any accrued rights under these Terms
& Conditions is not to be taken as or deemed to be a waiver of those rights
unless Heartfit acknowledges the waiver in writing.
21. Jurisdiction
21.1 The site www.food-hygiene.net is intended for the jurisdiction
of England, Scotland & Wales and as such should not be specifically used or relied upon
for any other jurisdiction. Heartfit does not accept responsibility for any
such use.
21.2 These Terms & Conditions shall be interpreted, construed and enforced
in accordance with English law and shall be subject to the exclusive jurisdiction
of the English Courts.