Terms and Conditions

Beta Phase terms and conditions

These terms and conditions apply exclusively to the Beta Phase (the Beta Version of this website) that will run between 1st October 2008 and 31st December 2008 ("the Beta Phase"). Harmony Cuisine will endeavour to keep you fully informed of any changes in timeframes with respect to the Beta Phase. However, Harmony Cuisine reserves the right to terminate the Beta Phase without notice to you and also to bring forward or extend the end of the Beta Phase, again without notice to you.

Harmony Cuisine's Standard Terms and Conditions shall apply save to the extent as varied by these Beta Phase terms and conditions.

During the Beta Phase you are invited to access the Harmony Cuisine system to make use of our services including the Knowledge Base and the 'Unique To You' Recipes at the special introductory rate highlighted on the site. Harmony Cuisine reserves the right to amend these prices or apply promotional codes at any time.

In exchange, you are asked simply to make regular visits to and use of the site. We further request that you visit as many of the pages of the site as possible at each visit during this period. We would also seek your feedback on the quality and usefulness of the Knowledge Base, the Unique To You Recipes and the user friendliness of the site.

We would especially ask you also to highlight any errors you encounter in addition to receiving your positive feedback. We may from time to time contact you via email or via telephone during the Beta Phase to ask specific questions. We would very much appreciate a prompt response from you so that we can take action on your replies in a timely fashion. Our aim is to perfect the site to be as close as possible to your exact requirements.

The main purpose of the Beta Phase is to highlight errors in the system and in the data contained within the system. In accepting the invitation to access the Harmony Cuisine website during the Beta Phase, you acknowledge that you do so entirely at your own risk. The warnings given to you on paragraph 7 of Harmony Cuisine's Standard Terms and Conditions apply equally during the Beta Phase and possibly should be given extra emphasis. Harmony Cuisine particularly draws to your attention the fact that the Harmony Cuisine website is in a state of development to which you are being invited to contribute by introducing into the website your own data and input. During this transitional period you should use the website with special care and caution.

Harmony Cuisine acknowledges and thanks you for your time and effort to improve our services for others with long term conditions.

Standard terms and conditions

Introduction
1. 1.1 This website is owned and operated by Harmony Cuisine Limited. The references to "we", "us" and "our" shall be deemed to be references to Harmony Cuisine Limited. References to "you" and "your" shall be deemed to be references to a person placing an order via this website.
2. 1.2 If you have any questions regarding the website or these terms and conditions, you can contact us at:
3. - Fax: 01483 326042
  - Email: support@harmonycuisine.co.uk
  - VAT No: 901042584
  - Reg No: 03646885
  - Registered at: 27 Mortimer Street, London, W1T 3BL, UK
Scope
1. 2.1These terms and conditions are a legal agreement between you and us and apply to your use of our website including the sale of our services to consumers. You must read, agree with and accept all the terms and conditions contained in this Agreement and our privacy policy before you can utilise our services. These Terms and Conditions apply to all subscriptions including trial periods commencing on or after 1st August 2008.
2. 2.2Unless you take advantage of the once only trial subscription of one month duration, all contracts between us are of three, six or 12 calendar months duration, as you select/choose. The subscription fee you pay does not oblige you to renew our services beyond the current contract. See also the provisions as to cancellation below. The language of this contract is English. All prices are quoted in pounds sterling (£).
3. 2.3Payment of the subscription fee is through PROTX, which is a fully protected and secure payment environment. Details of the credit/debit card you use will not be released to Harmony Cuisine.
4. 2.4The search facility that Harmony Cuisine uses is based upon Google's search functions. Harmony Cuisine reserves the right to transfer to a different facility. Harmony Cuisine offers no guarantee that the search results produced through the search function are consistent with those produced by other search engines. Harmony Cuisine uses strict quality assessment standards to determine which research appears in the Knowledge Base. This requires time and consideration. For this reason there may be a lead-time before the most up to date credible research appears in the Knowledge Base, and therefore in the search results.
5. 2.5You are solely responsible for the input and selection of data. Harmony Cuisine does not accept any liability arising out of any choice you make.
6. 2.6Unless otherwise specified Harmony Cuisine directs access to its website to persons resident in the United Kingdom. Harmony Cuisine makes no representation that its subscription service is appropriate for use or available in other territories. Access to and use of the information available through the Harmony Cuisine website may be prohibited or otherwise restricted by laws applicable in jurisdictions other than the United Kingdom. If you are accessing the Harmony Cuisine website outside of the United Kingdom you must take all necessary steps to ascertain the extent of any prohibition or restriction and comply fully with such provision.
Subscription Acceptance
1. 3.1All requests by you to subscribe to the services we offer are subject to our acceptance. We reserve the right at all times and at our sole discretion to refuse to accept a request for any reason and without liability to you.
2. 3.2Requests to subscribe may only be placed by individual customers and corporations purchasing our services other than for resale. (Wholesale customers should contact us direct at the above address by email or fax).
3. 3.2After you have made a request to subscribe, we will send you an order acknowledgement by email as soon as we can, usually the same day but always within 3 days. This email is only an acknowledgement of receipt and is not an acceptance of your request. The acceptance of your request and a contract of sale between us will not take place until you have paid your chosen subscription in full. No payment shall be considered to have been received until PAYPAL have received payment from you in cleared funds.
4. 3.2You can access your subscription details online by use of your username and password.
Browsing
1. 4.1You may browse our website without registering but when you first request to subscribe you will need to register with us and complete certain fields on an application form. You will be asked to input a user name, a password and a catch phrase.
Passwords
1. 5.1You should not disclose or transfer your username, password or catch phrase to any other person and you must notify us immediately if you become aware of any unauthorised use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
Availability of Services
1. 6.1Before you submit your request for a subscription you will be given the opportunity to review it and correct any errors. Your request represents an offer by you to purchase our services.
2. 6.2If for any reason the services shown on our website are not available, are incorrectly priced or incorrectly described, we shall not be obliged to sell you such services.
3. 6.3We reserve the right to change at any time and without any previous notice the services offered on our website and our Terms and Conditions.
4. 6.4It is vitally important that you carefully check your request to subscribe before it is submitted. We will deliver what you order. Whilst you have a right of cancellation you must exercise this before you start to take services from us.
Warranty
1. 7.1The Harmony Cuisine website is designed to facilitate your search for appropriate recipes, ingredients and dietary information tailored to your profiled condition based on the data you have entered about yourself. We state on our website that the information we provide is clinically verified. This means that qualified registered dieticians have checked both the sources and the contents of the Knowledge Base. However, we strongly recommend that you use our service in conjunction with advice and guidance that you receive from a medically qualified health professional whom specializes in your condition(s). This is important since our service has been designed to support you to achieve positive medical outcomes in conjunction with your medical adviser.
  The Harmony Cuisine website provides a one-stop-shop for information at your fingertips to enable you to make choices based on your profiled search results. Since every person is unique, however, it is important that you seek professional medical advice to enable you to make fully informed choices.
  
  You must note that our website is concerned only with food intolerances and certain autoimmune diseases and specific medical conditions. It explicitly does not deal with food allergies. The differences between these are considerable.
  
  A food allergy is a specific reaction resulting from an abnormal immune response to a food which can be severe and life-threatening. Symptoms can be of rapid onset such as swelling, breathing difficulties or anaphylactic shock. They can also be of slower onset such as in Coeliac disease.
  
  Someone with a severe food allergy must avoid all traces of that food.
  
  If you think you have a food allergy you must consult your doctor and not use our website except under the guidance of your medical adviser.
  
  A food intolerance is a reaction to food which can be due to a number of causes, none of which involves the immune system. The symptoms of a food intolerance vary greatly and include poor digestion, migraine or diarrhoea, to list a few.
  Long-term health can be affected by intolerances but they are only rarely life-threatening.
  The quantities of a particular food that a person with an intolerance can eat will vary from person to person, so it is important not to exclude any foods or food groups completely if you don't need to or without advice from a Registered Dietitian.
  (Reference: Thomas, B (2001) Manual of Dietetic Practice. pp 598)
  Autoimmune conditions such as Coeliac Disease (gluten intolerance) & Crohns Disease are caused by the body producing antibodies to attack its own cells. Coeliac disease has no cure but the condition must be controlled or it can cause malnutrition, anaemia, bone disease and other conditions.
  
  Before making any significant change to your diet it is important that you understand that Harmony Cuisine advocates that you seek advice from your medical adviser to ensure that you do not remove essential nutrients from your diet as such changes may not be appropriate for some individuals, although Harmony Cuisine's expert chefs and dieticians have developed the recipes to be as nutritionally balanced as possible. It is important that you do not limit yourself to only a very few recipes within the Harmony Cuisine system as most individuals need a balanced diet.
2. 7.2To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our website.
3. 7.3Nothing in these Terms shall limit or exclude our liability for personal injury or death caused by our negligence.
4. 7.4Harmony Cuisine warrants that the services that you buy will at the time of delivery to you correspond to the description given by Harmony Cuisine. Except where you buy as a consumer (as defined in Section 12 Unfair Contract Terms Act 1977) all other warranties, conditions and terms relating to fitness for purpose or merchantability, whether implied by statute, common law or otherwise are excluded. No statement, description, information, warranty, condition or recommendation contained in any page of our website, catalogue, list, or similar shall be construed to enlarge, vary or override in any way the terms of this clause.
5. 7.5Harmony Cuisine warrants that our website will generate recipes that are appropriate to the specific information you have entered and the data that is currently available within our knowledge base. As with any computer system, it is only as effective as the data input . Harmony Cuisine's website relies on the accuracy and appropriateness of clinical research. We endeavour to ensure that only reliable and credible research is collated. However, Harmony Cuisine cannot warrant the accuracy or effectiveness of this research as we have no control over how the research was carried out. Also, our website relies on you entering full and complete information on the specific ingredients or nutrients that you cannot tolerate. Harmony Cuisine offers no warranty that the ingredients and/or recipes chosen by you are appropriate to your condition. In entering into this Agreement with Harmony Cuisine you acknowledge that the level of fee payable in part reflects the apportionment of risk.
6. 7.6If you vary, add to, substitute, or otherwise alter the ingredients and recipes suggested by the Harmony Cuisine website, you do so entirely at your own risk. Once again it is recommended that you take advice.
7. 7.7The internet is a volatile environment, subject to breakdown. Harmony Cuisine offers no guarantee of uninterrupted access to its website and shall not be liable for any breakdown that occurs.
8. 7.8 This website may contain links to other websites provided by third parties. We accordingly make no representations whatsoever concerning the content of those sites and the fact that we have provided a link to a particular site is not an endorsement, authorisation, sponsorship or affiliation by us with respect to such site, its owners or or its providers.
Prices
1. 8.1All prices on the website are quoted in pounds sterling (£). They include VAT payable.
2. 8.2Please note that on all requests to subscribe emanating from outside the UK, it is the customer's responsibility to obtain any licences required and to pay any import or other duties that may be applicable.
3. 8.3We may change the prices set out on the website at any time and without any notice. We will however not increase our charges to take effect during a current contract.
4. 8.4We try to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to receive our services.
Payment terms
1. 9.1You confirm that you are authorised to use the credit/debit card whose details you enter. All credit/debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your request to subscribe. Furthermore, we will not be liable for any delay in provision of our services. We are not obliged to inform you of the reason for the refusal. We have no responsibility for your bank or card issuer charging you as a result of our processing of your credit/debit card payment in accordance with your order.
2. 9.2Any refund can only be made to the card used when paying for the order. We will email you when the credit is made to the credit/debit card. Remember, should you decide to cancel your order, it is your responsibility to cancel any direct debit arrangement with your bank.
3. 9.3Before the start of the contract chosen by you, you will need to confirm your card details using PROTX and only then will we take payment from the card whose details you have given. You can if you wish opt for a 30 day trial at a reduced fee. On the expiry of that period if you wish to continue with our service you will need to subscribe for a period of at least 3 months at a full fee. It is not possible to have successive trial periods.
Distance Selling Regulations and Cancellation
1. 10.1Under the Consumer Protection (Distance Selling) Regulations 2000 and 2005 if you are a consumer, you have a right to cancel orders for services purchased from our website within a statutory cooling-off period. This is 7 working days beginning with the day after the day on which the contract between us is concluded. This will be the day PROTX takes payment from your credit/debit card.
2. 10.2To cancel your order, please provide us with notice either by letter, fax or email, giving details of your order and quoting your full Harmony Cuisine email address.
3. 10.3If you access our services during the cooling off period you will lose your right to cancel.
Trademarks, Copyright and Intellectual Property
1. 11.1The Harmony Cuisine trademark remains the exclusive property of Harmony Cuisine Limited and is protected by international and UK copyright and other intellectual property laws. Any form of reproduction, either complete or partial, of any part of our website is strictly prohibited. You may not incorporate any part of our website into any other work or publication without our prior written consent.
Privacy statement
1. 12.1Harmony Cuisine takes the issue of the privacy and protection of your personal data very seriously. Harmony Cuisine is committed to complying with all relevant Data Protection legislation. We use the Internet technology sometimes known as cookies to store the information that you give us. This helps us to understand the services and products you are interested in. We do not store the credit/debit card details you give us other than in connection with the transaction you authorise. We will not disclose any of your personal information to anyone outside Harmony Cuisine unless you state that you are happy for us to do so. We may from time to time contact you with regard to our products and services. You can at any time request that we make no further contact with you by emailing us at support@harmonycuisine.co.uk. No form of communication over the Internet is totally secure. Harmony Cuisine will always use reasonable endeavours to protect the personal information that you give us but we cannot guarantee security totally and in placing an order with us you are acknowledging that you are placing your personal information on the Internet at your own risk.
2. 12.2It is possible that links on the Harmony Cuisine website will lead to websites which are not under the control of Harmony Cuisine. In accessing these websites you leave the control of Harmony Cuisine. Accordingly, Harmony Cuisine can accept no responsibility or liability in respect of these other websites. You should take every reasonable precaution in accessing these sites and you are solely responsible for so doing.
Force Majeure
1. 13.1Each of us shall be released from our respective obligations in the event of national emergency, war, strike, mechanical breakdown, governmental regulation or if any other cause beyond the reasonable control of us renders the performance of the agreement between us impossible.
Jurisdiction
1. 14.1This Agreement shall be construed in accordance with the law of England and Wales and shall be subject to the non-exclusive jurisdiction of its courts.