Terms of Use | Last Updated April 29,2021
This agreement is between the website user (“You”) and, EAT SMART DIETETICS & NUTRITION, (“We” or “Eat Smart Dietetics & Nutrition”) and sets forth the terms and conditions under which individuals residing in Africa may use the Website (as defined below) or the Services (as defined below).
Certain Eat Smart Dietetics & Nutrition services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Supplemental Terms”) which are incorporated herein by reference. In those cases, you agree to review the applicable Supplemental Terms.
This agreement, the Privacy Policy, and any applicable Supplemental Terms shall be collectively referred to as the “Terms.”
If you object to the Terms, you may not use the Website or the Services. If you object to anything in these Terms, you may not use the Website.
The Website
The Website” shall mean https://eatsmartdietetics.com and any other websites, web pages, mobile applications, social media profiles, and mobile websites operated by Eat Smart Dietetics & Nutrition.
You agree to read Terms before using the Website or the Services. By using the Website or the Services, you hereby represent, warrant, understand, agree to, and accept these in their entirety, whether or not you register as a user of the Website or Services (a “User”).
The Services
This Website provides Users general information related to dietetics, nutrition, healthy eating habits, and wellness (the “Services”) This is not medical advice, nor should any one article or video be construed as personalized nutritional advice.
Eat Smart Dietetics & Nutrition offers personalized dietetic nutritional consulting services to help its clients. Users of the Website are not considered Clients of Eat Smart Dietetics & Nutrition Dietetics & Nutrition unless they have executed client engagements, provided all requested health information, and proceeded to a private booking.
III. Permitted Uses
In accessing and using the Website, the User agrees to abide by all policies and procedures as outlined in this Terms of Use agreement.
Subject to the terms and conditions of this Agreement, we hereby grant You a limited, revocable, non-transferable, and non-exclusive license to access and use the Website by displaying it on Your internet browser only for personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to You.
Except as permitted in the paragraph above, You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service or terminate accounts at Our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to Eat Smart Dietetics & Nutrition interests.
Prohibited Uses
Users may not, under any circumstance:
A) provide false or inaccurate information when registering an account on Eat Smart Dietetics & Nutrition, using the Services, or communicating with other Registered Users;
B) interfere or attempt to interfere with the proper functioning of Eat Smart Dietetics & Nutrition Services;
C) use of the Website, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
D) use the Website or Services for any fraudulent or unlawful purpose;
E) harass, abuse, or harm another person or attempt to do so;
F) use or log in to another User’s Eat Smart Dietetics & Nutrition account;
G) publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
H) attempt to re-register with Eat Smart Dietetics & Nutrition if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
I) make any automated use of the system, attempt to “scrape” data, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; or
J) bypass any measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means).
Should Eat Smart Dietetics & find that you violated these or any other terms of this Term, Eat Smart Dietetics & Nutrition reserves the right, at its sole discretion, to immediately terminate your use of the Website and Services. Further, in order to protect client information, the integrity of the Website, and the Services, Eat Smart Dietetics & Nutrition reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
Medical Disclaimer
The Service offers dietetics and nutritional information and is designed for educational and support purposes. You should not rely on this information as a substitute for, nor does it replace, nutritional consulting, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other medical professional.
Eat Smart Dietetics & Nutrition makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with any Eat Smart qualified professionals.
Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this Website. The use of any information provided is solely at your own risk and should not replace medical treatment.
Limitation of Liability
A) Eat Smart Dietetics & Nutrition does not make any representations about the suitability, reliability, timeliness, or accuracy of the information on the Website.
B) We do not make any representations about the integrity, responsibility, or actions of any Users in public, private or offline interactions.
C) EAT SMART DIETETICS & NUTRITION DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING.
VII. Modification
The Terms are subject to change at any time, subject to the following notification process:
A) We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on the Website.
B) We will implement material changes no less than 30 days after providing notification.
C) We may implement non-material changes or clarifications immediately upon posting updated Terms on our Website.
D) Your use of the Website or the Services after the effective date of any changes will constitute your acceptance of such changes.
E) Modified Terms supersede all prior versions of the Terms that have been or are in effect at the time of your last visit to the Website.
VIII. User Information
You must provide accurate, current, and complete information in connection with your registration for use of the Website and the Services. If your information changes from the information listed, you are responsible for updating Eat Smart Dietetics & Nutrition. Users must register accounts in your own legal name.
Refund Policy
All payments made on or through the Website through the shop are non-refundable. All consultations booked through the website have a 48 hour refund policy. Within this time should you wish to cancel your booking and if you have payed Eat Smart will refund your entire consult payed as per your invoice. If however should you cancel within or less than 24 hours’ notice of any consult, with or without notice to the business you will only receive a 10% refund on the amount payable for the specific session.
Termination
At its sole discretion, Eat Smart Dietetics & Nutrition reserves the right to immediately terminate access to all or part of the Eat Smart Dietetics & Nutrition Website and/or our Services, to remove a User’s profile, and/or to terminate that User’s account with Eat Smart Dietetics & Nutrition, with or without notice for any reason whatsoever. Eat Smart Dietetics & Nutrition has no obligation to notify you of the reason, if any, for your termination.
Privacy
Eat Smart Dietetics & Nutrition uses the information you provide on the Website in accordance with all local privacy laws as detailed in our Privacy Policy. For more information, see our full Privacy Policy.
XII. Links To External Websites
Links to external sites, inclusion of advertisements and other third-party Content, or other hyperlinks do not constitute an endorsement by Eat Smart Dietetics & Nutrition of those sites, their advertising, products, or services. Eat Smart Dietetics & Nutrition expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Website. You acknowledge and agree that Eat Smart Dietetics & Nutrition does not control third-party sites or content and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or Eat Smart Dietetics & Nutrition Privacy Policy.
You hereby agree to hold Eat Smart Dietetics & Nutrition harmless from any liability that may result from the use or viewing of links that may appear on the Website.
XIII. Release of Liability
By using this Website or our Services, you hereby represent, understand, and expressly agree to release and hold what Eat Smart Dietetics & Nutrition officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or partners (“Affiliates”) harmless from any claim or controversy that may arise out of your use of the Website.
XIV. Copyright Notices/Complaints
Eat Smart Dietetics & Nutrition handles claims of copyright infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). If you believe any Content accessible on or from our Website infringes your copyright, you may request removal of those materials (or access thereto) from the Website by contacting Eat Smart Dietetics & Nutrition copyright agent (identified below) and providing the following information:
A) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
B) Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
C) Your name, address, telephone number and (if available) e-mail address.
D) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
E) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
F) A signature (or the electronic equivalent) from the copyright holder or authorized representative.
Eat Smart Dietetics & Nutrition agent for copyright issues relating to this Website is as follows:
ATTN: FATHIMA ABDOLA . email:info@eatsmartdietetics.com
In an effort to protect the rights of copyright owners, repeat infringers will be terminated as Users.
Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this agreement shall be governed by the laws of Zambia, without giving effect to its principles of conflicts of law. Any claim or dispute arising out of the Terms or, Privacy Policy, or may otherwise arise between you and Eat Smart Dietetics & Nutrition must be resolved in Zambia to which jurisdiction and venue both parties irrevocably submit.
XVI. Consent to Electronic Communication
By using the Website or Services, you agree to allow Eat Smart Dietetics & Nutrition to communicate with you electronically, and you consent to electronic delivery of notices, documents, or information from Eat Smart Dietetics & Nutrition via the Eat Smart Dietetics & Nutrition Website or e-mail.
XVII. Assignment
These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
XVIII. Severability
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. The remainder of the Terms will continue to apply.
XIX. Contact Information
If you have any questions or need further information as to the Website or Services provided by Eat Smart Dietetics & Nutrition, or need to notify Eat Smart Dietetics & Nutrition as to any matters relating to the Website or Services, please contact Eat Smart Dietetics & Nutrition at:
Email: info@eatsmartdietetics.com
Phone: +260 97635 80766