GENERAL TERMS AND CONDITIONS
1. Use of the Site
1.1. These Terms and Conditions govern your use of the Club website (the “Site”) and your relationship with Mens Confidential Ltd. (the “Club”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. If you have any questions on the Terms and Conditions, please contact us – see Contact Details later.
1.2. The Site is provided to you for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
1.3. This website is designed to operate on Windows PC, Mac OS and Linux based platforms. It is designed to perform on Microsoft Internet Explorer versions 5.05 and above, and Netscape Navigator versions 6.2 and above, combined with the Flash plug-in version 5.0 or above.
2. Amendments
2.1. We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3. Registration
3.1. To register on the Site as a member you must be over eighteen years of age.
3.2. You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
4. Password and Security
4.1. When you register to use the Site you will be asked to create a unique password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us immediately via the Contact tab.
4.2. As an additional security measure you will be asked to supply the answer to a personal question. You will need to give this answer before you can amend your personal details, password or screen name. In order to prevent fraud, you must keep this answer confidential and must not disclose or share it with anyone. If you know or suspect that someone else knows this information you should notify us immediately via the Contact tab.
4.3. If the Club has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
5. Intellectual Property
5.1. The name and content of the Site and all material provided to you in the Services (“Content”) is protected by copyright and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network save for a wireless LAN for domestic use) or print one copy of such content, in each case only for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
5.2. All Content belongs to the Club or its licensors. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from the Club.
6. Your use of the Site
6.1. You may not use the Site for any of the following purposes:
6.1.1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2. uploading material containing viruses or for any similar malicious purpose or which is intended to corrupt the Site or any data or systems of the Club or any third party;
6.1.3. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.4. interfering with any other person’s use or enjoyment of the Site; or
6.1.5. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.2. You will be responsible for our losses and costs resulting from your breach of this clause 6.
7. Third Party Websites
7.1. As a convenience to members, the Site may from time to time include links to other web sites or material which are beyond its control. The Club is not responsible for availability or content on any site outside the Site.
8. Advertising and Sponsorship
8.1. Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
9. Applicable Law
9.1. These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
10. International Use
10.1. We make no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
11. Notices
11.1. All notices shall be given to the Club via email or by post using the address set out in the Contact Details section of these Terms and Conditions or as otherwise directed on the Site; or to you at either the email or postal address you provide during the registration process (or as subsequently updated in writing).
11.2. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
12. Miscellaneous
12.1. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be materially affected.
12.2. If you breach these Terms and Conditions and the Club chooses to ignore this, the Club will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
12.3. The Club shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
12.4. Nothing in these Terms and Conditions shall confer your rights on any other person.
12.5. Nothing in these Terms and Conditions shall affect or diminish any of your statutory rights as a consumer.
12.6. These Terms and Conditions, together with the details you provide to us in the registration process, represent the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing.
12.7. If you breach these Terms and Conditions and for any reason we delay in acting on or choose not to act on this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.
12.8. The Site is owned and operated by Mens Confidential Ltd., registered office 20-22 Bedford Row, London WC1R 4JS, company number 06056054.
YOUR MEMBERSHIP
13. General
13.1. Please read this section carefully as it governs your payment obligations and use of our online services (your “Membership”). By subscribing to the Club, you are forming a legally binding contract and agreeing to all sections of these Terms and Conditions (including the General Terms and Conditions above).
14. Provision of Services
14.1. You will receive access to the services provided by the Club (“the Services”) following payment for the period of your Membership.
14.2. You acknowledge that you have provided the Club with accurate and complete registration information and that it is your responsibility to update the Club of any changes to that information (including your email address).
14.3. Each Membership is for a single individual user only. On registration, you enter your E mail address, choose a unique screen name and password, and answer a security question. Your screen name and password will then become your user “ID”, which you will need to Log into the site. Your screen name will be used to identify you in the Forum. You are responsible for all use of the Services using your ID and Screen name, and for preventing their unauthorised use.
14.4. If you forget your password, or Screen Name we can remind you of them once you have successfully answered a security question.
14.5. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or Screen Name you must notify the Club immediately via the Contact tab.r. If the Club reasonably believes that your ID or Screen Name are being used in any way which is not permitted by these Terms and Conditions, the Club reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
14.6. The principal Service provided in your Membership is a healthy eating dietary plan provided and updated on a periodic basis at the Club’s discretion.
14.7. The Club is continually seeking to improve and update the Services. The Club reserves the right, at its discretion, to make changes to any part of the Services, provided that it does not materially reduce their content or functionality or alternatively that replacement Services of approximately equivalent value or use are provided.
14.8. Following your acceptance of these Terms and Conditions on registration, we will make the Services available to you and except as set out in these Terms and Conditions you will have no right to cancel the contract before the end of your initial Membership period once we have done so.
14.9. The Services are available for personal non-commercial use only. The Club reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns. You may not re-sell the Services without the prior written consent of the Club.
15. Membership Fees
15.1. The fee for your Membership (“Membership Fee”) is calculated and payable at or before the start of the Membership period to which it relates (unless otherwise stated) by such method of payment as the Club reasonably requests. The Club may require you to establish a valid direct debit as a condition of continued membership.
15.2. The Club shall be under no obligation to provide the Services until the Membership Fee for the period concerned has been paid.
15.3. Your initial Membership Fee and Membership period are set out on the on-line application form, together with the Club’s current ongoing fees for continued membership.
15.4. All prices are expressed inclusive of any VAT payable unless otherwise stated.
15.5. We may notify you of increases to the fees payable from time to time, not less than 4 weeks in advance. Such increases will be effective automatically on expiry of that notice or of your current Membership period, whichever is later, subject to your right of cancellation (see below).
15.6. If you default in payment of any Membership Fee, we may at our discretion take any or all of the following steps;-
15.6.1. cancel your Membership;
15.6.2. suspend your Membership pending payment;
15.6.3. charge you interest (both before and after any judgement) on the amount unpaid at the compound rate of 3% per annum above the Lloyds TSB Bank Plc base lending rate from time to time, until payment in full is made, accruing on a weekly basis and also charge you for all costs and expenses (including legal costs) incurred by us in the collection of any overdue amount.
16. Cancellation and Termination
16.1. When you first register to the Club, you accept these Terms and Conditions including an obligation to pay the initial Membership Fee in full (even if there is a free period included). This is because we will provide you with access to certain Services as soon as your membership begins.
16.2. You can cancel your membership at any time with effect on expiry of your current Membership period. You must notify us of cancellation in writing or by e-mail, using the Contact Details in these Terms and Conditions. No other method of cancellation will be accepted.
16.3. You must give us at least 2 weeks’ notice of cancellation before expiry of your current Membership period, in accordance with clause 17.1.
16.4. If you do not give us notice of cancellation as above, or if you give us notice of cancellation less than 2 weeks before expiry of your current Membership period, your membership will automatically renew for a further Membership period of 4 weeks and you will be liable to pay a Membership Fee for this period.
16.5. We may refuse, suspend or cancel your Membership immediately at any time at our reasonable discretion (including receipt of notification at any time of any relevant medical condition) by giving you notice. In that event, we will reimburse you the Membership Fee relating to any unexpired portion of the current Membership period, unless you have acted in breach of any of your obligations under these Terms and Conditions. In that event, we will retain the balance of your Membership Fee for this period.
16.6. The suspension or cancellation of your membership and your right to use the Site shall not affect either party’s statutory rights or liabilities.
16.7. Your access to the Services including the right to use the Site will cease on suspension or cancellation of your membership.
17. Warranties
17.1. The Club warrants that:
17.1.1. it will use all reasonable skill and care in making the Services available to you and in ensuring its availability during your membership; and
17.1.2. it has the right to license the Content under these Terms and Conditions.
17.1.3. it will take reasonable steps to ensure that any software it provides as part of the Services is virus free.
17.2. Because of the number of sources from which the Club may obtain the Content and because of the nature of the Internet and archived information, errors and omissions may occur and the Club does not give any other warranties in respect of the Services. In particular, you should not take the accuracy of the information for granted and the Club makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
17.3. Complaints procedure - Please contact us with any complaints via E mail, and we shall endeavour to rectify the situation to the best of our ability.
CONTRIBUTING TO OUR ONLINE FORUMS AND DISCUSSIONS
18. Member Participation
18.1. The Services may include bulletin boards, discussion groups and other public areas that allow feedback to the Club and interaction between members. The opinions, advice and statements contained in messages and other material posted on such facilities or otherwise submitted to the Club for posting or inclusion on the Site (“Material”) are those of the members concerned and not the Club. Where members can post Material, we will use reasonable endeavours to provide a hyperlink to terms which help control the content of Material.
19. Editing Material
19.1. Whilst the Club does not control the submission of Material, we do reserve the right to delete, move and edit any material submitted. Publication will be at our discretion.
20. Restricted Material
20.1. You are solely responsible for any Material you submit to the Site and by submitting any such material you agree to follow these rules. You may not submit any material which:
20.1.1. advertises or promotes any goods or services;
20.1.2. reveals any confidential or sensitive information;
20.1.3. contains or links to any unlawful, threatening, abusive, defamatory or indecent material or material which is deliberately intended to upset other users;
20.1.4. contains any material which you do not have permission to use (including material which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
20.1.5. contains viruses or any other components with harmful or contaminating effects on the Site or any equipment connected to it; or
20.1.6. impersonates any living person.
20.2. The Site offers you a forum to submit Material and you agree to be responsible for all the Club’s losses arising out any breach by you of these rules.
21. Licence to Use Material
21.1. By submitting Material to the forum you are granting the Club a perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and allow others to use any material you submit in whole or in part or in any form. We will try to credit authors of the material where possible, but cannot guarantee to do so.
22. Disclaimer re Material
22.1. The Site contains Material submitted by others over which the Club has no control. We have asked all users to follow these rules but cannot guarantee the accuracy, integrity or quality of other material. We do not endorse any of the material published by any others on the Site.
GENERAL DISCLAIMER
23. General
23.1. This Disclaimer sets out important information about the Site. Please read it carefully as it affects your rights and liabilities under the law. If you do not agree with the Disclaimer, please do not use the Site. If you have any questions about this Disclaimer, please contact us – see Contact Details later.
23.2. The Site is provided to you for your personal use subject to this Disclaimer. By using the Site you agree to be bound by this Disclaimer.
23.3. We may update this Disclaimer from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given you notice. If you do not wish to accept the new Disclaimer you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Disclaimer.
24. Availability of the Site
24.1. Although we aim to offer you the best service possible, we make no promise that the Services at the Site will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Site you should report it to us – see Contact Details later - and we will attempt to correct the fault as soon as we reasonably can.
24.2. Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
25. The Club’s Liability
25.1. The Site may provide content from other Internet sites or resources and while the Club tries to ensure that material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Club is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
25.2. IMPORTANT – You should seek appropriate medical advice before you begin to follow any special dietary plan or exercise regime. It is not sufficient to disclose such medical conditions to the Club, which cannot provide medical advice nor assess the implications of any condition. The content of the Site and of any Services provided is supplied for your general information only, and should not be treated as a substitute for the medical advice of either your own Doctor or any other appropriate health care professional. Such material is provided on the understanding that you are in good general health and you are responsible for ensuring that you take appropriate medical advice to confirm this and to address the implications of any particular medical condition from which you may suffer.
25.3. The Club will use its reasonable endeavours to remedy faults in the Services during your membership. If we are in breach of these Terms and Conditions, you agree that your only recovery shall be for losses that you incur directly, and your exclusive remedy, shall be limited to an amount equivalent to two times the Membership Fee paid or payable in relation to your use for the relevant Membership period of the Services.
25.4. If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption or from any action taken (or refrained from being taken) as a result of using the Services, nor for any adverse effect caused to your own computer equipment caused by use of the Site.
25.5. This clause 25 shall not limit or affect our liability resulting from any products sold through the Site being found to be unsafe or if something we do negligently causes death or personal injury, or otherwise where our liability may not be limited by law.
PRIVACY POLICY / DATA PROTECTION STATEMENT
26. General
26.1. We take the privacy of your information very seriously. The information that you provide about yourself to the Club will only be used by the Club in accordance with its Privacy Policy. Please read this Privacy Policy carefully and if you have any questions please send them to us – see Contact Details later.
26.2. By using the Site and any Services we offer, you are agreeing to be bound by this Policy in respect of the information collected about you via this Site.
27. Personal Information collected
27.1. We will collect the following personal information from you;-
• name, password, Screen Name, security answer, gender, date of birth;
• e-mail address, postal address, telephone numbers, mobile phone number;
• credit or debit card number , expiry date and security code collected by Pay pal;
• information regarding your height, weight, fitness, heart rate, state of general health, motivation and lifestyle / interests;
• photographs
27.2. Although it is not compulsory to give us all of this information, if you do not then we may not be able to provide you with the full range of Services your Membership has to offer.
28. Use of this Information
28.1. We may use this information in order to;-
• administer your Membership and payment of Membership Fees with us;
• provide suitable Services and information to you;
• verify your identity;
• carry out marketing analysis and make general improvements to our Site;
• obtain your views or comments on the Services we provide;
• provide statistical analysis
We may continue to use this information after the end of your period of membership for historical, statistical and research purposes.
29. Sharing this information
29.1. We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected.
29.2. In addition we may pass your information onto one of our carefully selected business partners or to other carefully selected third parties to enable them to send you information which may be of interest to you but only if you have given us permission to do so. You can tell us to stop this at any time by sending an e-mail – see Contact Details later.
29.3. Other than as set out above, we will not disclose any of your personal information without your permission unless we are required by law to do so (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime).
30. Information automatically collected from your computer
30.1. Log files/IP addresses: When you visit the Site our web server automatically records your IP address. We may use IP addresses to help us administer the Site and to collect demographic information for aggregation purposes.
30.2. We may also gather other non-personal information (from which we cannot identify you) such as the type of your internet browser which we use to provide you with a more effective service.
31. Cookies
31.1. When you visit the Site we may store some information (commonly known as a “cookie”) on your computer. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies are specific to the server that created them and cannot be accessed by other servers, which means that they cannot be used to track your movements around the web. Passwords and credit card numbers are not stored in cookies. A cookie helps you get the best out of the Site and helps us to provide you with a more customised service. We use cookies for the following purposes:
31.1.1. so that you do not have to re-enter your details each time you visit the Site;
31.1.2. to track how our site is used and to improve and update our content.
31.2. You can block or erase cookies from your computer if you want to (your browser’s help screen or manual should tell you how to do this), but certain parts of the Site may be reliant on the use of cookies to operate correctly and may not work correctly if you set your browser not to accept cookies.
32. Information about other products and services
32.1. From time to time we may send you information about other products and services which we think may be of interest to you. These may be provided by us or by a carefully chosen third party.
32.2. You can tell us to stop this at any time by sending an e-mail – see Contact Details later.
33. Changes to your details
33.1. We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, please enter your new information in the Personal Details Section of Account in My Zone or contact us via E mail – see Contact Details later.
34. Use of forums or chat rooms
34.1. The Site may from time to time include chat rooms, forums, message boards, and / or news groups on which you can post information. Any information that you post in these areas becomes public information and you should always be careful when deciding to disclose your personal details as part of that information.
35. Security
35.1. We have implemented technology and policies to safeguard your privacy from unauthorised access and improper use.
36. Linking to third party websites
36.1. We cannot be responsible for the privacy policies and practices of other websites even if you access them using links from our Site, or link to our Site from a third party site. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.
37. Transferring your information outside of Europe
37.1. As part of the services offered to you through the Site, the information you provide to us may be transferred to countries outside of the European Union (“EU”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU or one of our service providers is located in a country outside of the EU. These countries may not have similar data protection laws to the UK. If we transfer your information outside of the EU in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy.
37.2. If you use our services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.
38. CONTACT DETAILS
If you can’t find the answer to your query in either our FAQs section, or in our Terms and Conditions, or from the member’s forum, then please contact us at:
Email Address: information@mensconfidential.co.uk
You can find a pre-printed email to this address, in the Contact section of the Home Page.
Or by phone on 01789 488876 (standard BT rate from landlines)
Registered Office address:
Mens Confidential Ltd
20-22 Bedford Row
London WC1R 4JS
Company Registration Number: 6056054
Terms and Conditions last updated on 05/06/2009
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