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Health and fitness subscription website terms and conditions

This set of terms and conditions is based upon our subscription website terms and conditions document. In addition to the provisions of that document, this one includes a detailed disclaimer relating to health and fitness information.

That disclaimer is designed to help reduce the risks associated with running a website publishing health and fitness information. In particular, in relation to user claims that information published on the website (eg diet and exercise plans) has led to injury. Please bear in mind, however, that the risk of such claims cannot be entirely eliminated.

The terms and conditions may be used in respect of users who are consumers, as well as in respect of business users. A cancellation clause is included to aid compliance with the distance selling laws.

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Health and fitness subscription 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. Acceptable use: acceptable use: prohibitions; using contact details prohibited; veracity of information supplied.
  5. Use on behalf of organisation: use on behalf of another.
  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 account with paid services (B2C or mixed); cancellation of website account with paid services by user.
  9. Subscriptions: initiating subscription; input error correction and identification; subscription benefits; variation of subscription benefits; end of subscription period.
  10. Fees: fees specified on website; amounts inclusive or exclusive of VAT; payment of fees; variation of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set off.
  11. Distance contracts: cancellation right: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  12. 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.
  13. Your content: rules: user content warranty; no unlawful user content; user content rules.
  14. Report abuse: request to report abuse; how to report abuse.
  15. 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.
  16. Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
  17. Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); 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 (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
  18. Indemnity: indemnity from website users.
  19. Breaches of these
    terms and conditions
    :
    consequences of breach; non circumvention of measures upon breach.
  20. Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
  21. Trade marks: website operator's trade marks; third party trade marks on website.
  22. Variation: document may be revised; variation of website document: unregistered users; variation of website document: consumers.
  23. Assignment: assignment by first party (with consumer rights); assignment by second party.
  24. Severability: severability of whole; severability of parts.
  25. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  26. Entire agreement: entire agreement - use of website.
  27. Law and jurisdiction: governing law; jurisdiction.
  28. Statutory and regulatory disclosures: copy of document not filed; language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number; link to ODR website; name and URL of ADR provider.
  29. Our details: website operator name; company registration details; place of business; contact information.
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