2.SERVICES

3.USE OF OUR WEBSITE AND SERVICES

3.1 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.

3.2  As a user of the Website or a user registered to use any of the Services (a “Registered User”), you agree to the following:

3.2.1 You must be 18 years of age or older to enter into this Agreement to use the Website and/or Services. If however you are below 18, you can register on the website or join one of our weight management plans only if accompanied and supported by one of your parents/guardian on a continuous basis.

3.2.2 To adhere strictly to our ‘Health Policy’ which is incorporated into this Agreement. However in the event of any disagreement regarding health policy or liability, the Health Policy shall supersede any clause in this Terms of Use.

3.2.3To keep your username and password secret and not allow others 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 usernames and passwords.

3.2.4The 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.

3.2.5 You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services. We may use personal data you post according to our ‘Privacy Policy’ which is incorporated into this Agreement.

3.2.6 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.

3.2.7 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.

3.2.8 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.

3.2.9 You may not post on the Website, Simplyweight forum or any of the Services, transmit to other users, and communicate any content (or links thereto), or otherwise engage in any activity on the Website or through the Services, that:

• promote 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;
• intends 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).
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3.2.10 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.

3.2.11 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.

3.2.12 You will not harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you.

3.2.13 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.

3.2.14 We will try to make the Website available but cannot guarantee or warrant that the Website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability.

3.2.15 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.

3.2.16 Your privilege to use this Website including our forums, blogs and contribution to any discussions depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or these Terms & Conditions of Use, we may terminate, in our sole discretion, your use of, or participation in any Community Area.