The Great Sugar Challenge
(Hereinafter referred to as the “Company”, “We,” “Us”, “Our”)
https://www.GreatNoSugar.com/
(Hereinafter referred to as “the Website”)
Please read these Terms of Use (“Terms”) carefully before accessing, browsing, or using the Website or the Company Mobile Application (hereinafter collectively referred to as the “Website”), Ordering or Participating in a Service, and/or using the Company’s logos, patents and/or trademarks. Your access to and use of the Website and our Services is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, Users and others who access or use the Website, participate in any way in our Services or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms.
If you disagree with any part of the terms then you may not access the Website or participate in our Services. Your continued access or use of the Website and/or Services shall be deemed as conclusive acceptance of these Terms.
By purchasing and/or participating in our Services, you acknowledge and agree to be bound by the following Terms which together with the Company’s Terms and Conditions, Disclaimer and Cookies Policy govern the Company’s relationship with you in relation to our Website, our Social Media Channels and our Services and all your interactions.
1. Definitions
1.1. The definitions and rules of interpretation in this clause apply in this Agreement
“Business” | Means the continual provisions of the Services | |
“Communication” | Means communication by means of electronic transmission (e-mail) | |
“Industry Standard Practice” | The Standard Business Practices within the specific industry within the United Kingdom | |
“Notice” | “Notice” shall mean an instrument in writing for Communication, unless otherwise prescribed | |
“Order”, “Ordering” | Means the process of purchasing a Services of the Company | |
“Social Media Channels” | Means the general term for all of the Companies related social media accounts, including but not limited to Facebook | |
Visitor(s), “User(s)”, “You”, “Your” | Means reference to any person or legal entity using the Website and/or the Services |
2. Certain Defined Terms
2.1. Clauses and Schedule Headings: Clauses and Schedule headings do not affect the interpretation of these Terms.
2.2. References to “Persons”: A “Person” includes a natural person, a corporate or unincorporated body, whether or not having a separate legal personality.
2.3. References to Laws: A reference to a particular law is a reference to it as it is in force from time to time taking into account of any and all amendments, extensions, applications or re-enactment, and includes any subordinate legislation from time to time in force made under it.
2.4. References to the Singular and Plural: A reference to a particular law is a reference to it as it is in force from time to time taking into account of any amendment, extension, application or re-enactments and, include any subordinate legislation from time to time in force made under it.
3. Scope
3.1. The Company is a Sole Trader trading under the name ‘Rimon Wellness’, situated at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom, providing Users with the option to partake in Services relating to general information, personal guidance, metabolic expertise, and group support which are pursuant to these Terms.
3.2. All content and materials contained within this Website are for general purposes only and should not be construed as medical advice.
3.3. By using our Website, registering an Account or participating in the Services provided on the Website you agree to be bound by our;
3.3.1. Terms and Conditions,
3.3.2. Disclaimer,
3.3.3. Terms of Use,
3.3.4. Privacy Policy and,
3.3.5. Cookies Policy.
4. Services Suitability
4.1. By selecting to participate in the Services, you acknowledge and agree that it is your responsibility to determine you are not:
4.1.1. Pregnant,
4.1.2. Lactating/Nursing,
4.1.3. Under the age of 18 (eighteen),
4.1.4. Sick or with a medical condition or,
4.1.5. Vegan, as the Services include non-vegan products.
4.2. If you have a history of diabetes or take blood sugar or blood-pressure medication:
4.2.1. You may only participate in the Services once you have consulted your qualified medical professional.
4.2.1.1. It is your on-going responsibility to monitor these levels to ensure they maintain healthy levels.
4.3. Any adverse effects incurred by the User through non-adherence of this section is the responsibility of the User.
4.3.1. The Company expressly disclaims all responsibility for any adverse effects arising from the use of the Service caused by non-adherence of this section.
4.4. By using our Services, Users are obliged to read and agree to our Disclaimer which contains further information relating to your health.
4.5. The Company has no responsibility to vet, inspect or scrutinise Users in any way.
5. Use of the Website & Services
5.1. The use of this Website is subject to the following terms;
5.1.1. All content is for general use only.
5.1.2. All content is subject to change without notice.
5.1.3. The Website may uses cookies to monitor browsing preferences.
5.1.3.1. For further detail see our dedicated Privacy Policy.
5.2. You agree that are at least 18 (eighteen) years old or represent that you at least the age of majority in your country, state or province of residence to visit the Website.
5.2.1. If you are a minor, you must provide the Company with written consent from your dependants allowing you to use the Website.
5.3. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website or through our Services for any particular purpose.
5.3.1. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.4. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
5.4.1. It shall be your own responsibility to ensure that any Services or information available through this Website meet your specific requirements.
5.5. This Website contains material which may be either owned by or licensed to us.
5.5.1. This material includes, but is not limited to, the Services, methodology, practices, design, layout, look, appearance and graphics.
5.5.1.1. Reproduction in all forms is prohibited other than in accordance with the copyright notice, which forms part of these terms.
5.6. All trademarks reproduced in this Website which is not the property of, or licensed to, the Company are acknowledged on the Website.
5.7. Unauthorised use of this Website or Services may give rise to a claim for damages and/or be a criminal offence.
5.8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services.
5.9. We may need to change these Terms from time to time for a number of reasons, including to comply with applicable laws and regulations, and regulatory requirements.
5.9.1. All changes and updates will be published on the Website.
5.9.2. The most up to date Terms will be available on the Website.
5.9.3. If any change is unacceptable to you, you should cease using the Website and/or close your Account.
5.9.4. If you continue to use the Website or Services after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
5.10. The right to access and/or use the Website and Services may be illegal in certain countries and is tailored for Users within the United Kingdom.
5.10.1. You are responsible for determining whether your accessing and/or use of the Website is compliant with applicable laws in your jurisdiction and you warrant to us that the Services are not illegal in the territory where you reside.
5.10.2. We are committed to providing excellent customer service.
6. Services
6.1. The Company provides the following Services;
6.1.1. The Great No Sugar Challenge,
6.1.2. One-on-One Consultations,
6.1.2.1.1. Including Direct Communications.
6.1.3. Facebook Group,
6.1.4. Ancillary Services
6.1.4.1. Personal guidance,
6.1.4.2. Metabolic expertise,
6.1.4.3. Group support.
6.1.5. Promotional Services
6.1.5.1. Promotional Services are made available on the Website or our Social Media channels relating to The Great Sugar Challenge which is made available for a limited time.
6.2. The Company shall use all commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, with the exception of:
6.2.1. Planned downtime or,
6.2.2. Any unavailability caused by circumstances beyond the Company reasonable control (Clause 35).
6.3. Individual Services may include their own set of Terms of Use or Terms and Conditions.
6.4. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”).
6.4.1. The Services are tailored for and intended for the Users within the United Kingdom.
6.5. Nothing in this Agreement obligates the Company to deliver or make available any copies of information.
7. Social Media Channels & Groups
7.1. Part of the Services may include access to a Facebook group or other groups on Social Media Channels.
7.2. All information and Services we make available on our Social Media Channels are governed by these Terms and all other legal documents available on the Website.
7.3. The information published on the internet and on Social Media Channels includes information published by other Users, individuals or legal entities which are not part of the Company.
7.3.1. The Company is not responsible for the information and/or opinions published by other Users, individuals or legal entities and these are not made on behalf of the Company.
7.3.2. The Company will not bear any responsibility for the information, advertisements or any offers published by any other User, individual or legal entity or for any result that may be incurred stemming from the use of this information.
7.3.3. The User agrees that information given on our Social Media Channels by other Users of the group doesn’t represent advise, information, suggestion, or recommendation by the Company.
7.4. Participating in, or being a Member of the Social Media Channels and Groups does not provide the User a right to receive Services or give rise to any obligation by the Company to provide you Services.
7.5. The User is free to leave our Social Media Channels at any time they wish.
7.6. The Company reserve the right to remove any User of the Social Media Channels and Groups at their discretion, at any time, without the need to give Notice or reasoning.
8. Code of Conduct
8.1. The Company expects all Users to conduct themselves at all times in an orderly manner, respecting the rights and privacy of others.
8.2. The Company reserves the right to remove any User with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in damage, endangering others or self or in impede the progress of other participants.
8.2.1. Users may be held financially responsible for any damages.
8.2.2. You agree to indemnify the Company in full for any loss or damage to other participant’s or their property as a result of your failure to follow instructions, maintain standards or in respect of any negligence which may occasion such loss or damage.
8.3. In addition to other prohibitions as set forth in these Terms, all Users, participants and individuals using the Website and Services are prohibited from using the Website, or its content, or our Products and Services for the following;
8.3.1. For any unlawful purpose,
8.3.2. To solicit others to perform or participate in any unlawful acts,
8.3.3. To copy, download, distribute or disseminate in any capacity all information and videos on the Website,
8.3.4. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
8.3.5. To infringe upon or violate our intellectual property rights or the intellectual property rights of others,
8.3.6. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
8.3.7. To submit false or misleading information,
8.3.8. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet,
8.3.9. To collect or track the personal information of others,
8.3.10. To spam, phish, pharm, pretext, spider, crawl, or scrape,
8.3.11. For any obscene or immoral purpose or,
8.3.12. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
8.4. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
9. User Comments, Feedback and other Submissions
9.1. If you send certain specific submissions, for example, creative ideas, comments, posts, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
9.2. We are and shall be under no obligation to;
9.2.1. Maintain any Comments in confidence,
9.2.2. To pay compensation for any Comments or,
9.2.3. To respond to any Comments.
9.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
9.4. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
9.4.1. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Company.
9.5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
9.5.1. You are solely responsible for any Comments you make and their accuracy.
9.6. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9.7. If you submit a testimonial to us using on the Website, via email or post it on any of our social media profiles, then you agree that we may publish your testimonial, together with your name, on this Website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.
9.7.1. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.
9.7.1.1. We will never edit a testimonial in such a way as to create a misleading impression of your views.
9.8. You may contact the Company if you wish to remain anonymous.
10. Pricing
10.1. Prices for Services are displayed on the Website.
10.2. All prices are subject to change.
10.3. All prices for Services are available on our Website, Social Media Channels or through communication with the Company.
10.4. All prices are exclusive of all taxes or duties imposed by governing authorities. Other than VAT which the Company may be required to collect from you and remit to appropriate taxing authorities, you alone are responsible for payment of all such taxes or duties.
10.5. Price Change: The Company may at any time change the price of the Services, your Subscription or any part thereof, or institute new charges or fees (the “Price Change”) by providing you 30 (thirty) days written Notice (Clause 16).
10.5.1. The Price Change will be implemented during the next Subscription month of your Services following the 30 (thirty) days written Notice.
10.5.1.1. If you do not agree to any such price changes, then you must cancel your Subscription and Terminate your Services prior to the Price Change implementation. (Clause 7, Clause 11)
10.5.2. In case there is any revision of Pricing, you shall be notified in as soon as reasonably possible.
10.6. In case you have any question about our Pricing, feel free to reach out to our customer support before you make the payment.
11. Subscriptions
11.1. Your Subscription to the Services renews automatically for the same Subscription term selected upon initial payment.
11.2. By choosing a Subscription plan you expressly acknowledge and agree that:
11.2.1. The Company is authorized to charge your method of payment in accordance with these Terms for as long as your subscription continues and,
11.2.2. Your Subscription is continuous until you cancel it or the Company suspends or otherwise stops providing you access to the Website and/or Services in accordance with these Terms.
11.3. You may change or cancel your Subscription term at any time by contacting the Company (Clause 16).
12. Payment & Financial
12.1. Prices displayed on our Website are in United States Dollars (USD).
12.2. The User shall contact the Company to make arrangements for Payment or by using the forms on the Website.
12.3. We accept the following methods of payment for our Services;
12.3.1. Credit Card,
12.3.2. Bank Transfer.
12.4. You Services shall commence once Payment is considered complete when all funds have been paid, received and cleared, as deemed by the Company.
12.5. The Company will e-mail you a receipt when your method of payment has been charged via e-mail to the e-mail address provided by you during registration.
12.6. If your method of payment cannot be charged, the Company will send you a Notice that you need to update your payment information.
12.6.1. In the event you do not update your payment information within 30 (thirty) days of the Notice, your access to the Service may be suspended and you will need to update your payment information in order to resume the use of the Service.
12.7. We reserve the right to pass onto the User any fees charged for the use of credit card, by the payment gateway company or any relevant company in this capacity.
12.8. If the Company incurs any charge-backs, reversals or other charges in respect of your Account, the Company reserve the right to charge you for the relevant amounts incurred.
12.9. The Company accepts no liability for any error in any third party payment gateway.
12.10. The Company is not responsible for and all Users are solely responsible for reporting to the tax and/or other relevant authorities in your jurisdiction.
12.11. In case you have any question about the method of payment, feel free to reach out to our customer support before you make the payment.
13. Term & Termination
13.1. Subscriptions continue for the Subscription term selected at the time of payment.
13.1.1. Subscriptions commence on the start date specified upon payment.
13.2. Subscriptions automatically renew.
13.3. You are solely responsible for the Cancellation of your Services and Subscriptions.
13.3.1. You may cancel your subscription at any time by emailing
via support@3weekreset.com.
13.4. If you want to close your Account, please follow the forms on the Website or contact us.
13.5. The Company may terminate your Services at any time in the event you materially breach this Agreement and do not cure such breach within 30 (thirty) days of the Company providing you Notice.
14. Cancellation & Refund Policy
14.1. The User is not entitled to a refund unless otherwise stipulated in these Terms or there has been an error.
14.2. Users are entitled to a full refund if written Notice (Clause 16) is provided to the Company 2 (two) days prior to the start of the Services.
14.3. Users are entitled to a 50% (fifty percent) refund if written Notice (Clause 16) is provided to the Company 7 (seven) days following the commencement of the Services.
14.3.1. Confirmation Notice will be sent to you via the e-mail provided at the time the order was made.
15. Suspension and Closure
15.1. The Company may immediately suspend, downgrade or terminate your access to the Services and your Account without liability if it has a good faith belief that you are in violation of any provision of this Agreement, including but not limited to;
15.1.1.1. Non-payment of Services, including when your method of payment cannot be charged if such breach is not remedied within 30 days of Notice to you from the Company.
15.1.1.2. The Company considers that you have used the Website or Services in a fraudulent manner or for illegal and/or unlawful or improper purposes,
15.1.1.3. The Company considers that you have used the Website or Services in an unfair manner, have deliberately cheated or taken unfair advantage of the Company,
15.1.1.4. If your account or Services is being used for the benefit of a third party,
15.1.1.5. The Company is requested to do so by the police, any regulatory authority or court,
15.1.1.6. Your Account is deemed to be dormant or inactive.
15.2. If the Company closes or suspends your Account or Services for any of the reasons referred above, you shall be liable for any and all outstanding payments, claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Company (together “Claims”) arising therefrom and shall indemnify and hold the Company harmless on demand for such Claims.
15.2.1.1. The Company shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you.
16. Accounts
16.1. All Users must complete the Account Registration form provided on the Website.
16.1.1. The Company has the full discretion to change the Account Registration process and requirements.
16.2. All Applicants must have the legal capacity within their Jurisdiction to register an Account and to participate in the Services of the Company.
16.3. During the registration process, the Company reserves the right to ask for personal information and proof of any aspect or any documentation from any User.
16.4. As part of the registration process, we may supply your information details to authorised agencies to confirm your identity and details.
16.4.1. You agree that we may process such information in connection with your registration.
16.5. By accepting these Terms and/or registering an Account to use the Website and participate in the Services, you hereby agree that the Company shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Website and our products generally.
16.5.1. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem to be appropriate, until such time as the relevant checks are completed to our satisfaction.
16.5.1.1. Where an Account is suspended, the relevant Account holder should contact the Company.
16.6. The Website is contingent upon the User agreeing to the following;
16.6.1. You understand that your content may be transferred unencrypted and involve;
16.6.2. A transmission over various networks and,
16.6.3. Changes to conform and adapt to technical requirements of connecting networks or devices.
16.6.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Service, or any contact any other legal entity on the Website, without express written permission by the Company.
16.6.5. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.
16.6.6. Accounts and participation in the Website or Services are not transferable.
16.7. Users may only have one Account open.
16.8. Users must keep their registration and account details up to date.
16.8.1. Your Account information may be amended in your Account section on the Website.
16.8.2. If you require further assistance please contact us.
16.9. The Company will do everything in its power to update the User during the registration process as soon as possible.
17. Accuracy of Billing and Account Information
17.1. The User shall provide the Company with all necessary and required access to, and use of, all information, financial details, data and documentation reasonably required by the Company for the performance of its obligations under these Terms, as upon being requested to do so,
17.2. The User shall provide current, complete and accurate information, ensuring that such information, financial information, data and documentation is complete and accurate in all material respects,
17.3. The User shall update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
17.4. It is your responsibility to ensure that a valid payment method and billing address is provided for us to process your payments.
17.5. Where the Company is required to comply with any third-party website owner’s platform selling or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it can comply with the same,
17.6. The User shall promptly notify the Company in writing if they believe, within reason that the Services do not comply with the specification set out on the Website.
17.7. The Company allows all Users to choose their own username and password combination.
17.7.1. Users must keep all Account information secret and confidential as you are responsible for all aspects of on your Account and all activities taking place on your Account.
17.8. If, at any time, you feel a third party is aware of your username and/or password you should change it immediately via the Website.
17.9. Should you forget part or all of your combination you should follow the procedure on the Website or contact the Company.
17.9.1. Account, personal, financial information and any other sensitive data should never be sent to anyone.
17.10. You agree to promptly update your account and other information, including your email address and financial information so that we can complete your transactions and contact you as needed.
17.11. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from non-accurate information provided by you to us.
17.12. Your submission of personal information through our Website is governed by our Privacy & GDPR Policy.
18. Personal Details
18.1. The Company will comply with applicable data protection laws (including the general regulation of England and Wales, European Law 2016/679 and the EU GDPR rules in respect of the personal information you supply to us.
18.1.1. Your personal information is processed in accordance with our Privacy Policy.
19. Notices
19.1. Any Notice given under these Terms shall be through electronic means which is our only accepted official forms of communication with you.
19.1.1. If you choose to contact us via any other means, including mail, telephone or through our social media channels, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.
19.1.1.1. As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channel.
19.2. An e-mail Notice is deemed to have been received at the time of transmission before the end of the next Business Day,
19.2.1.1. All e-mail notices shall be sent to support@GreatNoSugar.com.
19.2.1.2. We will use the email you provided us with to communicate with you, and we ask you to check your email account frequently, at least weekly is recommended, for important communications
19.2.2. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email or mail.
19.3. For contractual purposes, you
19.3.1. Consent to receive communications from the Company in an electronic form and,
19.3.2. You agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
19.3.3. The Company does not guarantee that the use of information on the site or the mailing system will not be interrupted, provided properly, without interruptions, safely without errors or will be free from damage, malfunction or failure.
19.4. Any notice to be given under these Terms must be in writing, in English and may be served by e-mail or through the prescribed form.
20. Complaints, Disputes
20.1. Should any dispute, disagreement or claim (hereinafter known as the “Dispute”) arise between the Parties concerning this Agreement, the Parties shall try to resolve the dispute by negotiation.
20.1.1. Negotiation includes one Party inviting the other, in writing, to a meeting and to attempt to resolve the dispute within 7 (seven) days from the date of the written invitation.
20.1.1.1. The meeting can be conducted in person or through any means of communication.
20.1.1.1.1. If the receiving Party is unable for reasonable reasons, they must contact and inform the other Party as soon as possible and attempt to arrange a date in the reasonable future.
20.2. In the event the negotiation does not resolve the matter, both Parties further agree to utilize an independent Arbitrator.
20.2.1. The findings of the Arbitrator shall be full, final and legally binding upon the Parties, rendered as if it were a decision in the courts of law of England and Wales.
20.3. In the event the Arbitrator does not resolve the matter, both Parties agree that the matter should be settled in relevant courts within England and Wales.
21. Liability
21.1. The Company does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Website, its’ content or the Services including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the Website, its content, the Services or any errors or omissions.
21.2. The Company shall not be liable, in contract, tort, including negligence, or for breach of statutory duty or in any other way for any of the following, whether incurred directly or indirectly;
21.2.1. Loss of profits,
21.2.2. Loss of business,
21.2.3. Loss of revenue,
21.2.4. Loss of opportunity
21.2.5. Loss of data,
21.2.6. Loss of goodwill or reputation or,
21.2.7. Any special, indirect or consequential losses, whether or not such losses were within the contemplation of the parties at the date of these Terms.
21.3. Any liability which cannot be excluded or limited under applicable law.
22. Privacy
22.1. The Company shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. The Company shall not:
22.1.1. Disclose your Data except as compelled by Applicable Law or as you expressly authorize in writing or,
22.1.2. Access your Data except to provide the Service and prevent or address service or technical problems, or at your express request in connection with customer support matters. In the event we are compelled by Applicable Law to disclose your Data, we will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.
22.2. The Company may collect, use and disclose all such transactional and performance data for its business purposes (including software use optimization and product marketing) provided that such use does not reveal your identity, any of your confidential information or any personally identifiable information that belongs to you or your employees.
22.3. During the Term, the Company may disclose your name as a customer of the Company, together with any content you post or other comments or reviews of the Company or the Service that you post on or through any medium. if any.
22.3.1. You hereby grant the Company the right to display your name, your company name, logo, and comments or reviews, in Company marketing materials and on the Company public website, in each case in accordance with any branding guidelines you may provide to the Company.
22.4. You retain all right, title and ownership interest in and you are solely responsible for your Data and all uses of your Data that occur through the Services or your Account.
22.5. The Company has no right, title or interest in any personally identifiable information contained in or related to your Data unless otherwise stipulated in these Terms.
22.6. All Users are obliged to seek out, read, understand and agree to the separate Company Privacy Policy and Disclaimer available on the Website.
23. Warranties
23.1. The User warrants that they have sufficient permission to access the Website or participate in any Service provided by the Company.
23.2. The Company warrants that it shall provide the Services,
23.2.1. In accordance with the Terms set herein,
23.2.2. In a professional and workmanlike manner, with the degree of reasonable skill and care that is required by sound professional procedures and practices,
23.2.3. In accordance with any and all applicable laws, regulations and statute and,
23.2.4. In accordance with generally recognised commercial practices and standards.
23.3. The Company does not endorse or condone the opinions and views of any of its staff, employees, teachers, instructors, employees, subcontractors or agents, nor shall they be considered the opinion, view or stance of the Company.
23.4. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy or completeness of the information and material on the Website.
23.5. The Website may contain typographical errors or other inaccuracies, or information that is out of date.
23.5.1. The Company is under no obligation to update such material.
23.6. The information and material on the Website are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, express or implied warranties, conditions and other terms which but for these Terms might have effect in relation to the Website.
23.7. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
24. Indemnity
24.1. You agree to indemnify, defend and hold harmless the Company and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your:
24.1.1. Use of or inability to use the Website or Services
24.1.2. Violation of any terms of these Terms or your violation of any rights of a third party or,
24.1.3. Violation of any applicable laws, rules or regulations.
24.1.4. Breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
24.2. Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this agreement or violation of any law or the rights of any party.
24.3. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with the Company in asserting any available defences.
24.4. The Company expressly disclaim responsibility for any adverse effects arising from the use or application of the Services. The User hereby declares they are solely responsible for any action they performs as a result of participating in the Services and that they are aware that the Company are not responsible for any use he or she makes, either directly or indirectly, of the services.
25. Disclaimer
25.1. All Users shall review and accept our separate Disclaimer policy, prior to participating in any Services.
26. General Disclaimer
26.1. The Company does not guarantee that your experience will be successful or that you will see an improvement in your health by using the Services.
26.2. The Company will not be liable for any indirect, incidental, special, consequential, exemplary damages, or any other damages including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:
26.2.1. You use or inability to use the Services,
26.2.2. The cost of procurement of substitute Services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service,
26.2.3. Unauthorized access to or alteration of your transmissions or data,
26.2.4. Ay acts, omissions, statements or other conduct of any user, or other third parties on the service or,
26.2.5. Any other matter relating to the Service.
26.2.5.1. If you are dissatisfied with any portion of the Services or with these terms, your sole and exclusive remedy are to discontinue use of the Service.
26.3. The Company does not provide its’ Users with legal advice regarding health matters, medical matters, compliance, data privacy or other relevant Applicable Law in the jurisdictions in which you use the Service, and any statements made by the Company to you shall not constitute legal or medical advice.
26.4. You acknowledge that the Company exercises no control over your specific health practices implemented using the Service.
26.5. You agree and acknowledge that the Company does not have a direct relationship with you and that you are responsible for your well-being and health. The Company hereby disclaims all liability arising from your decisions stemming from your use of the Services.
26.6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, SOFTWARE, DOCUMENTATION, DELIVERABLES AND OTHER MATERIALS AND/OR SERVICES. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
26.7. EXCEPT FOR (I) EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (III) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR (IV) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY THE COMPANY FROM YOU PURSUANT TO THIS AGREEMENT IN THE SIX MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
27. Security Breach
27.1. In the event of a security breach by anyone, upon discovery of such breach, the Company will:
27.1.1. Initiate remedial actions that comply with applicable law and consistent with industry standards and,
27.1.2. Notify you of the security breach, its nature and scope, the remedial actions the Company will undertake, and the timeline within which the Company expects to remedy the breach.
28. Restrictive Covenants
28.1. You shall not, and shall agree not to, and shall not authorize, encourage or permit any third party to:
28.1.1. Use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by the Company;
28.1.2. Use the Service for any fraudulent or inappropriate purpose;
28.1.3. Attempt to decipher, decompile, delete, alter or reverse engineer any of the Software;
28.1.4. Duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of the Company;
28.1.5. Use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation;
28.1.6. Use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan Horse, worm, keystroke logger, Rootkit or other malicious computer software;
28.1.7. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
28.1.8. Rent, lease, distribute, or resell the Services, or use the Services for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are in connection with the Service; or
28.1.9. Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
29. Intellectual Property Rights
29.1. You must acknowledge and agree that the Website and all Services that may contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to copy, alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, any documents, Services or the Website, in whole or part.
29.2. You must acknowledge, understand and agree that all of the Companies, the Website, Services, designs, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or the Service names are trademarks and as such, are and shall remain the property of the Company or the relevant third party. You must not display and/or use in any manner the Company, the Website logo or marks from the Website without obtaining the Companies prior written consent.
29.3. Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in all Services and use of these Services are permitted only where expressly authorised by the Company as set out herein these Terms.
29.4. All intellectual property within the Service or found on the Website are the property of the Company.
29.5. The User is granted a non-exclusive limited-use license of this Intellectual Property.
29.6. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the owners.
29.7. The User guarantees that they will not publicly publish the information and/or any output or part of it, whether it is printed as a drawing or as a report or in any other form and that he or she will not duplicate, photograph, copy or print any Service and/or output as aforesaid from the information or any part thereof for the purpose of distribution or advertising in any way except as specified in these Terms, the Website or with consent by the Company.
29.8. The User is expressly prohibited from all forms of copying, distribution, transmission, or publication, of information stored on Website or within the Services without the prior consent of the Company.
29.9. The User guarantees not to allow, either directly or indirectly, whether for consideration or without consideration, the performance of one or more of the actions listed above. The information and Services must not be used for profit or other commercial purposes and will not be stored on other websites on the Internet.
29.10. The Customer shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the Customer provides infringe the Intellectual Property Rights of a third party.
29.11. The contents of the Website and Services are protected by international copyright laws and other intellectual property rights.
29.11.1. The owner of these rights is the Company, its affiliates or other third party licensors.
29.12. All product and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners, including the Company.
29.13. No part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other Website or any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
29.14. Any commercial use or exploitation of the Website or its content is strictly prohibited.
30. Confidentiality
30.1. Confidential Information for the purposes of this Agreement shall amount to any and all information send to the other Party. This includes the content in connection to Services, any correspondence and any messages in-between both Parties, sensitive information, bank details, personal information, client information, addresses, and all other information which a reasonable person would consider confidential and of value to the other Party.
30.2. Unless otherwise stipulated in these Terms, the Parties undertakes that they shall not at any time after the date of this Agreement use for any purpose, divulge or communicate to any person, except to their professional representatives, external provides or advisers or as may be required under this Agreement, by law or any legal or regulatory authority, any Confidential Information concerning the terms of this Agreement, the business or affairs of the other Party which may have (or may in future) come to their knowledge, and each of the Parties shall use their reasonable endeavours to prevent the publication or disclosure of any confidential information concerning or connected to such matters.
30.3. Each party shall protect the Confidential Information of all other Users against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care.
30.4. Confidential Information may be disclosed by the receiving party to their professional advisers provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
30.5. The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:
30.5.1. Is or has become publicly known other than through a breach of this clause;
30.5.2. Was in possession of the receiving party prior to disclosure by the other party;
30.6. Was received by the receiving party from an independent third party who has full right of disclosure;
30.6.1. Was independently developed by the receiving party; or
30.6.2. Was required to be disclosed by governmental authority.
31. Use of the Website: Information and Content
31.1. Information accessed by you on the Website is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited.
31.1.1. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.
32. Use of the Website: Your Equipment
32.1. Your computer, mobile device and/or internet connection may affect the performance and/or operation of the Website and Services.
32.1.1. The Company does not guarantee that the Website will operate without faults or errors or that the Company Services will be provided without interruption.
32.2. The Company does not accept any liability for any failures or issues that arise due to your equipment, internet connection or the internet.
33. Use of the Website and Services: Fair Use
33.1. The Website and the Services may only be used for the purposes defined within these Terms.
33.2. You must not use the Website or Services for the benefit of a third party or for any purpose which, in the Company’s opinion, is illegal, defamatory, abusive or obscene, or which the Company considers discriminatory, fraudulent, dishonest or inappropriate.
33.3. The Company will seek criminal and contractual sanctions against any User involved in fraudulent, dishonest or criminal acts via or in connection with the Website or the Company’s products and the Company will notify the relevant authorities.
33.3.1. The Company will withhold payment to any User where any of these are suspected or where the payment is suspected to be for the benefit of a third party.
33.3.2. The User shall indemnify and shall be liable to pay to the Company, on-demand, all Claims arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
34. Use of the Website: Files, Software and Technology Issues
34.1. In order for you to use the Services offered on the Website, you may need to download some Files.
34.1.1. The Company warrants that all reasonable efforts have been made that:
34.1.1.1. The Files will not infringe any third party’s intellectual property rights,
34.1.1.2. The operation of the Files will be error-free or uninterrupted,
34.1.1.3. Any defects in the Files will be corrected and,
34.1.1.4. The Files are virus-free.
34.2. The Files may include confidential information which is secret and valuable to the Company.
34.2.1. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.
34.3. While the Company endeavours to ensure that the Website is available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
34.3.1. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Website and the content or services or products available through it, including your access to it.
34.4. You must not misuse the Website or Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or Website owned or used by a third party. You must not attack our Website via a denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, software or to your downloading of any material posted on it, or on any Website linked to it.
34.5. You are only permitted to use reputable and trustworthy Software when participating in the Services or using the Website.
34.5.1. Certain third-party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software.
34.5.1.1. The Company does not accept any liability in respect of any third party software.
34.5.1.2. You hereby acknowledge that how you use the software is outside of the Company’s control. Accordingly, you load and use the software at your own risk.
34.5.1.3. The Company will not have any liability to you or any third party in respect to your receipt of and/or use of the software.
35. Use of the Website: Third-Party Content
35.1. The Company may provide external links, data, information, feeds, commentaries and content from a number of third parties. Certain third parties may require you to agree to additional terms and conditions governing their use. If you do not accept the relevant third party terms and conditions, do not use them.
35.2. The Website may contain external links and advertisements submitted by or directed towards third party websites.
35.3. Unless expressly stated otherwise, links to such third party websites do not signify that the Company endorses the website(s) and/or is associated with such sites in any manner.
35.4. If you decide to access linked third-party websites, you hereby agree to do so at your own risk.
35.5. The Company does not accept any liability in respect of any third party feeds, commentaries and content.
35.6. Where the Website contains links to third-party Websites and resources, these links are provided for your information only. The Company has no control over the content of these sites or resources and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third-party Website does not constitute an endorsement of that third party’s Website, product or services, if applicable.
36. Use of the Website: Errors
36.1. The Company will not be liable for any errors in respect of Services including where:
36.1.1. There is an Obvious Error on the Website, relevant to the Services or any other information or detail displayed.
36.2. Where an Obvious Error is identified the Company will make its best endeavours to rectify the issue as fast as possible.
37. Offers
37.1. The Company may provide offers, promotions or deal from time to time.
37.2. All offers, promotions and deals are limited to one per Account.
37.3. If the Company has reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same Account more than once or by a group of people then it may withdraw the availability of any offer or all offers to that Account, customer or group of customers and/or void any offer and suspend the relevant Accounts.
37.4. The Company may, at any time, make minor amendments to the terms of any offer or promotion to correct typographical errors or to improve on clarity or customer experience and may cancel any offer or promotion for legal or regulatory reasons.
38. Force Majeure
38.1. The Company shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including, without limitation, any network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity, war, global pandemic, embargo, government requirements, civil or military authority and acts of government or other competent authorities. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. The affected party will notify the other party in writing within ten (10) days after the beginning of any such cause that would affect its performance.
39. Language
39.1. Any dispute arising from, or related to, any term of this Terms arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.
40. Non-Transferable & Assignment
40.1. This Agreement can only be transferred with written consent from both Parties.
40.2. The rights and obligations of the User under this Agreement are strictly assigned to the Client and may not be assigned or transferred to any other person, firm, corporation, or other entity and the Client will not hire or engage any third parties to assist for the provision of the Services without the prior, express, and written consent of the Company.
40.3. The Company may, at the Company’s absolute discretion, engage a third party sub-Company to perform some or all of the obligations of the Services under this Agreement.
40.3.1. In the event that the Company hires a sub-company:
40.3.1.1. The Company will pay the sub-company for their services and the compensation will remain payable by the Client to the Company.
40.3.1.2. For the purposes of the indemnification clause of this Agreement, the sub-company is an agent of the Company.
40.4. The Company will not voluntarily, or by operation of law, assign or otherwise transfer any other obligation under this Agreement without the prior written consent of the Client.
41. Severability
41.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
42. Survival
42.1. The provisions of these Terms that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.
43. Amendments
43.1. The Company reserve the right, at our sole discretion, to update, change or replace any part of these Terms, the Website and the Social Media Channels without Notice.
43.1.1. Substantial changes may be published on the Website and/or our Social Media Channels.
43.1.2. It is your responsibility to check our Website periodically for changes.
43.1.3. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
43.2. If you do not agree with the new changes, you are required to refrain from using the Website and/or Services.
43.3. You should check these Terms from time to time to ensure that you are happy with any changes.
43.4. This policy is effective from September 2020.
43.5. The User acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.
44. Other Provisions
44.1. In no event will any delay, failure or omission, in whole or in part, in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
44.2. The rights and remedies provided by these Terms are cumulative and, unless otherwise provided in these Terms, do not exclude any other rights or remedies available in law.
44.3. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
44.4. Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms.
45. Entire Terms
45.1. These Terms and all other legal documents available on the Website and any document expressly referred to in them, agreement and any guidelines posted on the Website or Services constitute the entire terms and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter.
46. Governing Laws and Jurisdiction
46.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales. All disputes between the parties as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of the English Courts.