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Health and fitness website terms and conditions

The health and fitness niche presents some special risks for website operators. This terms and conditions template is designed both to help operators to comply with the law relating to the operation of a website and to manage those special risks.

For example, all forms of exercise may lead to injury, and for some forms of exercise the risk of injury is non-negligible. If a website operator publishes exercise plans or other exercise-related information, and a user suffers some injury after acting upon that information, the user may seek compensation from the operator. Whilst the possibility of claims - including successful claims - cannot be eliminated by website legal documents, the risk of a successful claim can in some circumstances be reduced.

Similar issues apply to dietary information and other health and fitness information.

In addition to general disclaimers of warranties and limitations of liability, this terms and conditions template includes a special section dealing with risks from health and fitness information.

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Health and fitness website terms and conditions contents

  1. Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age; cookie consent.
  2. Copyright notice: UCC copyright notice; ownership of rights in website.
  3. Licence to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; restriction of access to website.
  4. RSS feed: access to RSS feed; accessing RSS and acceptance of document; RSS licence; RSS licence condition; revocation of RSS licence.
  5. Acceptable use: acceptable use: prohibitions; using contact details prohibited; veracity of information supplied.
  6. Registration and accounts: account eligibility; account registration process; no other person permitted to use account; notify on misuse of account; use of another's account.
  7. User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
  8. Cancellation and suspension of account: rights of operator over free website account; cancellation of free website account by user.
  9. Your content: licence: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
  10. Your content: rules: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
  11. Report abuse: request to report abuse; how to report abuse.
  12. Health and fitness information: website contains general information; information is not advice; no representations or warranties in relation to information; no warranties in relation to availability or accuracy etc of information; responsibility for acting on exercise information; no changes to diet etc without consulting professional; medical information not alternative to advice; consult healthcare provider regarding specific medical questions; seek immediate attention for medical conditions; no delaying medical advice etc; website includes interactive features; assistance through website may be incomplete; interactive feature assistance not advice; no liability for reliance upon information.
  13. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
  14. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liablity for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; no personal liability.
  15. Indemnity: indemnity from website users.
  16. Breaches of these
    terms and conditions
    :
    consequences of breach; non circumvention of measures upon breach.
  17. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
  18. Trade marks: website operator's trade marks; third party trade marks on website.
  19. Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
  20. Assignment: assignment by first party; assignment by second party.
  21. Severability: severability of whole; severability of parts.
  22. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  23. Entire agreement: entire agreement - use of website.
  24. Law and jurisdiction: governing law; jurisdiction.
  25. Statutory and regulatory disclosures: ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number.
  26. Our details: website operator name; company registration details; place of business; contact information.
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