PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO
YOUR USE OF OUR WEBSITE AND SERVICES CAREFULLY.
We are simplybariatrics Limited, a company registered in England & Wales (company no. 08619882) with registered office: Kenburgh House, 28A Manor Row, Bradford, West Yorkshire BD1 4QU United Kingdom.
By using our UK website, currently located at http://www.simplybariatrics.com
, and/or using any of the services accessible through it provided by us (the "Services"), you become a user and agree to, and are bound by, these terms and conditions for as long as you continue to use the Website or Services which, together, constitutes our agreement with each other (the "Agreement"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS DO NOT USE THE WEBSITE OR THE SERVICES.
If you do not comply with the Agreement at any time, we reserve the right to cancel or terminate your user account, and/or block your access to the Website (or any part thereof) and/or Services.
We can change these terms and conditions at our sole discretion at any time, with or without notice. Your continued use of this Website or the Services after the posting of revisions to these terms and conditions will constitute your acceptance of such revisions to our Agreement.
Your use of, or participation in, certain of the Services may be subject to additional terms, and such terms will be either listed in these terms and conditions or will be presented to you for your acceptance when you sign up to use such Services.
Certain portions, components, content and features of the Website are only available to individuals who purchase a subscription to a Service.
As a subscriber to one of the Services you agree to pay, using a valid form of payment detailed on the Website, the fixed and periodic charges and fees (including pre-payment fees) detailed on the Website, applicable taxes, and other charges and fees incurred in order to use such Services.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website or e-mail.
2. Ask the Expert
Registered Users will have the right to email our panel of experts a maximum of one question in any one month period.
The experts will endeavour to answer your questions within seven days of submission. However we do not guarantee this timescale and accept no liability for any consequences as a result of our reply being delayed.
The experts can only give general advice based on the information which you provide. We accept no liability for any incorrect or inaccurate advice and the consequences arising therefrom as a result of inaccurate information given to them.
‘Ask the Expert’ is not a substitution for face to face medical advice, diagnosis or treatment. Always seek the advice of your medical practitioner with any question you may have regarding a medical condition.
3. Use of our Website and Services
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon, and the Services that you have subscribed to and in respect of which you have paid the applicable fees and charges, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement.
As a user of the Website or a user registered to use any of the Services (a "Registered User"), you agree to the following:
You must be 18 years of age or older to enter into this Agreement to use the Website and/or Services./p>
To adhere strictly to our 'Health Policy' which is incorporated into this Agreement.
To keep your username and password secret and not allow others to access to your account or transfer it to another person. You acknowledge that we are not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your user names and passwords.
The Website and Services are intended for use in the United Kingdom. You agree that you will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Whilst we believe that the recommendations on our Website and Services will help you manage your weight we provide no guarantee or warranties, either express or implied, regarding your ultimate outcome.
You will promptly tell us of (i) any violation of the Agreement by others, including but not limited to, other Registered Users of which you become aware, and (ii) any known or suspected unauthorised access to your account.
We reserve the right, but have no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. We have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
You may not post on the Website or any of the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Website or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Website or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud or deceive other users of the Services;
- contains viruses, time bombs, Trojan horses, bots, worms or other harmful, malicious or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates or otherwise discloses another person's personal information without his or her prior permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Website;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Website or Services;
- uses the Website or Services for chain letter, junk mail or spam e-mails;
- is in any way used for or in connection with spamming, phishing, trolling, or similar activities; or
- contains any materials which infringe or violate any third party's right(s).
You warrant that you will not provide inaccurate, misleading or false information to us or to any other user. If information provided subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
You will not advertise or solicit any user to buy or sell any products or services through the Website or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you may cause substantial harm to us.
You will not harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website.
We will try to make the Website available but cannot guarantee or warrant that the Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
4. Intellectual Property Rights
You acknowledge that the Website and Services contain information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are the property of us and/or our licensors and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected by under UK copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such Content or are licensed to use such Content (including the selection co-ordination, arrangement and enhancement of such Content).
All trademarks appearing on the Website and the Services are trademarks of their respective owners. simplybariatrics is our trade name and registered trademark. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part without first obtaining our or the relevant third party’s prior written consent.
Other Registered Users may post copyrighted information or materials, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any of our or any third party’s proprietary information available via the Services or the Website.
By posting information or content to any profile pages or public area of the Services such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to us and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content.
You agree that you will not post any e-mail address, personal website address or profile page you may have on a third party website, or other contact information about yourself except where registering or maintaining your account with us.
We may use anonymous information from you and your experiences through the Services to improve the Services or for academic research purposes. This research may be published in academic journals, but it shall contain no personally identifiable information.
6.Links to Third-Party Web Websites and Services
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites.
We provide these links to you only as a convenience, and the inclusion of any link does not imply that we endorse, recommend or accept any responsibility for the content on such third-party web site.
Your correspondence or dealings with, or participation in promotions of, advertisers or sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser.
The Website and Services are provided "as is" and on an "as available" basis without any representations of any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the maximum extent permitted by applicable law, in no event shall we be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses or damage sustained and arising out of or in connection with use of this website including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, consequential or special loss.
We do not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.
Under no circumstances will our aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Services or the Website, exceed the price paid by you for your account, or, if you have not paid for the use of any Services, the amount of £100 or its equivalent, being a genuine pre-estimate of access to similar services as those provided by us from another service provider.
We do not seek to exclude liability for death or personal injury arising from our negligence or for fraud or fraudulent misrepresentations.
You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of the Website or Services, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Services for which you have subscribed, of any intellectual property or other right of any person or entity.
We reserve 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 fully cooperate with us in asserting any available defences.
9.Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Website or the Services (or, where relevant, when you expressly accept this Agreement when registering as a Registered User) and will remain in full force and effect unless and until terminated hereunder.
Either you or we may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
In the event that we terminate this Agreement and you have not breached this Agreement we will refund any pre-paid charges for any unexpired portion of your subscription period on a pro-rata basis.
In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to us will be non-refundable and all outstanding or pending payments will immediately be due.
If you have any complaints, need help or questions about the Website or the Services please read our ‘Frequently Asked Questions’ section. If you cannot resolve the issue from reading those please email us at: firstname.lastname@example.org
11.Cancellations of Your Account
You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period on the Website. Alternatively, you may cancel your registration or subscription by sending a notice of cancellation to email@example.com, such notice being effective upon our receipt. In each case, your subscription will terminate at the end of the subscription term for which you have paid, but you will not receive any refund for any unused days of such subscription term.
If you subscribe for Services, you may cancel the Agreement within 7 working days after the confirmation of your first subscription to any Services. For further details, please read the ‘Cancellation policy’ on the footer of the website.
In order to provide continuous service, we will automatically renew all paid subscriptions for Services 24 hours before such subscriptions expire. [Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on), except for annual subscriptions which will renew on a monthly basis after expiration of the annual period.
By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
If you do not wish your account to renew automatically, please follow the directions set out under account maintenance to cancel your subscription prior to the renewal date.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Details of disclaimer are provided below:
simplybariatrics Ltd. hereinafter will be referred to as simplybariatrics in this document.
The simplybariatrics website is designed for information purposes only. It is not intended as a substitute for any advice or treatment prescribed by your doctor. Information given here should not be used for diagnosing or treating a health problem. Also, if you have any medical condition which may be adversely affected by exercise you should consult your doctor before following any exercise information given here.
The tools and information on the simplybariatrics website or its products are intended as an aid to weight loss and weight maintenance.
The information provided within all aspects of the website, products and listed telephone numbers is not designed to replace a face to face consultation with a medical professional.
Before you start the programme or make any changes based on information from the forum or simplybariatrics website, you should consult your doctor. If you experience any discomfort, distress, pain, inappropriate weight loss or any other symptoms, you should immediately consult your doctor. Do not continue with any changes you have made or continue with the program until you have consulted your doctor. The weight loss programme and the information you obtain from this website is NOT intended for persons below the age of 18, without supervision from a trained medical professional and those who have not consulted their doctor.
Callers or visitors to the website that take any advice given or gleaned from the website in isolation, that is without prior consultation with their health care provider do so at their own risk.
The website and phone lines are not intended for emergency use. In the event of a medical emergency please dial the local emergency number in the country you are in.
This service is not intended for diagnosis or prognosis. Any diagnoses given are tentative only and are designed to be backed up by a full face to face medical examination by a suitably qualified professional.
This website is provided for information purposes only. The information found is not a substitute for face to face medical care by a qualified doctor or other health care professional. ALWAYS check with your doctor if you have any concerns about your condition or treatment. simplybariatrics is not responsible or liable, directly or indirectly, for ANY form of damages whatsoever resulting from the use (or misuse) of information contained in or implied by the information on this website.
Many of the links from simplybariatrics are to reputable institutions and societies and the content contained within can be a useful source of information. However, not all of the medical resources on the World Wide Web are authoritative or current. Any decision about your health or medical care based solely on information obtained from the web may not be appropriate and may result in harm. simplybariatrics accepts no responsibility of any nature whatsoever for linked websites or any information contained in them.
The information contained in simplybariatrics World Wide Web pages could contain technical inaccuracies or typographical errors. simplybariatrics reserves the right to make changes and improvements to any information contained within its World Wide Web pages, at any time and without notice.
All links contained in simplybariatrics World Wide Web pages were correct at time of going online. simplybariatrics cannot be held responsible for any inconveniences caused by subsequent changes.
The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this website is situated. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction.
We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information. The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.
Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.
All warranties, express or implied, statutory or otherwise are hereby excluded.
Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.
These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England.