PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) RELATING TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE AND SUBSCRIPTION PRODUCT(S) CAREFULLY.
These Terms form a binding agreement between you, us and (where applicable) the service provider when you have paid for your Subscription Product(s) and accepted these terms via the Website. By using any Subscription Product(s), you agree to be bound by these Terms. Note that your acceptance of these Terms will apply to the Subscription Product(s) and any extension of the Subscription Product(s). You should print a copy of these Terms, or save them to your computer, for future reference.
1.Information about us, the service provider and the Subscription Product(s)
We are Weightwatchers.co.uk Limited, a company registered in England and Wales under company number 04354837 with registered office at Millennium House, Ludlow Road, Maidenhead, Berkshire, SL6 2SL which is also our main trading address. Our VAT number is 792 893 271. We are a limited company (“WeightWatchers”, “we”, “us”, “our”).]
We provide or make available to you the http://www.weightwatchers.com/uk/ website and any other website that we may own or operate currently or in the future (“Website”), and any and all online services (including those accessible via or through the Website) and applications that you subscribe to (“Online Subscription”). We may however ask our “affiliates” to provide some of these on our behalf, though we still remain responsible to you for the Website and Online Subscription. Our affiliates include Weight Watchers International, Inc., Weight Watchers (U.K.) Limited and WeightWatchers.com, Inc. Any meeting services that you subscribe to (“Meeting Subscription”) are provided by an affiliate service provider (“service provider”),and are not provided by us. The service provider is responsible to you for providing the Meeting Subscription. The service provider in Republic of Ireland is currently Denross Ltd trading as Weight Watchers Ireland and the service provider in Northern Ireland is currently Checkweight Ltd trading as Weight Watchers Northern Ireland. Your use of and/or access to a Meeting Subscription will also be subject to separate terms and conditions of the service provider.
When we refer to “Subscription Product(s)”, in these Terms, we are referring to an Online Subscription to www.weightwatchers.com/uk/.
Please follow the steps set out on the Website in order to subscribe to a Subscription Product(s). You will be able to identify and correct any errors before you subscribe. We will not file a copy of your agreement with us, though these Terms will remain accessible to you on the Website.
The Website and Subscription Product(s) are directed to, and only for use by, residents of the Republic of Ireland and Northern Ireland. You promise that you are a resident of the Republic of Ireland or a resident of Northern Ireland and have a valid mailing address in the Republic of Ireland or in Northern Ireland.
3.Your use of and/or access to the Website and Subscription Product(s)
We grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and Subscription Product(s) (and all materials provided as part of that, in whatever form, including digital and printed) for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms. You agree not to give or transfer to, or share with, anyone else your rights to use and/or access the Website and Subscription Product(s). You agree that only you may use and/or access your user account and password. You agree to be financially responsible for all fees and charges in respect of usage or activity of the Subscription Product(s) you subscribe to.
4.Changes to these Terms
4.1 We may revise these Terms where necessary to reflect changes in users’ needs, our business practices or changes in law, and where this will not unreasonably disadvantage you or be contrary to good faith. We will give you at least 30 (thirty) days’ notice of any revisions.
4.2 We will notify you of changes to these Terms by posting the changes on the Website, and we may also email you with notice of these, with at least 30 (thirty) days’ prior notice. Any new or amended version of these Terms will take effect on the date we indicate in the posting and any email. If you do not wish your use of the Website and/or any Subscription Product(s) to be governed by the changed Terms, you have the right to terminate your subscription to a Subscription Product(s) in accordance with paragraph 7.2 and you should notify us in writing (e-mail will suffice), and from the date when the new version takes effect, you must cease to use the Website and any Subscription Product(s) you have subscribed to.
4.3 We and/or the service provider may modify or alter any aspect of the Subscription Product(s) and/or the Website, including: (i) restricting the time the Subscription Product(s) and/or the Website is available: (ii) restricting the amount of use and/or access permitted; and/or (iii) restricting any user’s right to use and/or access to any Subscription Product(s) and/or the Website if we have a valid and fair reason to do so. You agree that if we and/or the service provider do modify or alter any aspects of the Subscription Product(s) and/or the Website in accordance with this paragraph 4.3, and you do not like the changes we and/or the service provider have made, you may terminate your subscription to the Subscription Product(s) in accordance with paragraph 7.2. Any changes will not be effective during any notice period.
4.4 If you do not abide by the provisions of these Terms, except as if otherwise provided from time to time, you agree that, where we and/or the service provider consider it to be a serious breach, we and/or the service provider may immediately suspend or deactivate your user account, password and/or access, and all related information in your user account and/or bar any further access to such information, the Subscription Product(s) and/or the Website. We will advise you of the suspension or deactivation, and you may query or appeal that by e-mailing us at firstname.lastname@example.org.
4.5 From time to time, we may supplement these Terms with additional terms and relating to specific content, activities, features, promotions or events (“Additional Terms”). These Additional Terms will be placed on the Website or otherwise accessible to be viewed in connection with the specific content, activities, features, promotions or events and will be presented to you as such. You agree that any Additional Terms will form part of these Terms (but if any of them conflict with these Terms, those conflicting terms will apply and override these Terms) in relation only to the specific content, activities, features, promotions or events.
5.Paying for the Subscription Product(s)
5.1 Where fees apply for the Subscription Product(s), you can pay for the Subscription Product(s) at your local Weight Watchers meeting. When you have paid the relevant fee, as applicable, or otherwise satisfied the access conditions, the service provider will give you a Voucher containing a unique code (“Weight Watchers Voucher”).
5.2 Length of Subscription Product(s) available
Weight Watchers Vouchers may be made available allowing access to the Subscription Product(s) for various periods of time, such as a specified number of weeks or months, as specified when issuing the Weight Watchers Voucher as we may determine from time to time.
5.3 Activating the Subscription Product(s)
5.4 You should enter the Weight Watchers Voucher code on http://www.weightwatchers.com/uk/ to activate the Subscription Product(s). You must read and choose to accept these Terms before activating the Subscription Product(s). If you do not agree with these Terms, then you should not click the acceptance of these Terms and, if that is the case, you should return the Weight Watchers Voucher to the service provider to receive a full refund, if applicable, by the same method in which you paid.
5.5 Extending your Subscription Product(s)
If you are happy with your Subscription Product(s) and you wish to extend the length of your Subscription Product(s), you may be able to obtain a new Weight Watchers Voucher from the service provider. You can enter your new unique code in the “Account Settings” feature of the Website. Note that your acceptance of these Terms will apply to your original Subscription Product(s) and any extension of your Subscription Product(s).
It is not currently possible for people in Northern Ireland or the Republic of Ireland to pay for Subscription Product(s) via the Website. If you live in the Republic of Ireland or in Northern Ireland, please do not attempt to pay for Subscription Product(s) by entering your card details on the Website.
6.Charges and fees for the Subscription Product(s)
6.1 As a subscriber to a Subscription Product(s), you agree as follows:
a.) you agree to pay your service provider any applicable fee or charge for the Weight Subscription Product, using such form of payment as the service provider may accept from time to time, notified to you at Weight Watchers meeting locations. We and the service provider reserve the right to increase charges and fees, or to institute new charges or fees at any time, on at least 30 (thirty) days’ notice communicated to you by posting on the Website, and through such other means as we may deem appropriate from time to time (including email or post). If you do not agree to the increase or new charges, you are not under any obligation to buy another Subscription Product. Nothing in these terms shall preclude a service provider from increasing its prices for attendance at Weight Watchers meetings or for Meeting Subscriptions.
b.) in addition to the fees set out above, you are responsible for all charges and fees associated with connecting to, using and accessing the Subscription Product(s) and the Website, including all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone, computer and printer equipment, sales taxes and any other fees and charges necessary to do so;
If your account or subscription is suspended or terminated for any reason, you agree not to register or subscribe again for a Subscription Product(s) and/or the Website using another user name or through any other means. If we suspect, in our sole discretion, that your account or subscription has previously been suspended or terminated, we reserve the right to terminate any new account or subscription you have registered without any notice to you; and
d.) you are entirely responsible for maintaining the confidentiality of your password and account information. You must notify us immediately if you know of, or suspect, unauthorised use of your account, or of any suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password or payment information. If your payment method expires, is cancelled, lost or is subject to use without your authorisation, you agree to promptly notify our customer service team or to access the ‘Account Settings’ feature of the Website to update your Subscription Data to provide details of an alternative current, valid payment method. You are entirely responsible for all activities that occur through your user account. You are also entirely responsible for any printed material you receive, including any Weight Watchers Voucher. You agree that such printed materials are for your personal use and are non-transferable.
7.Cancellation of a Subscription Product(s)
7.1 You have a right to a refund of the Weight Watchers Voucher as outlined in clause 5.4 if you do not accept the Terms. It is not possible to cancel a subscription to a Subscription Product(s) once you have accepted these Terms and inputted the unique code from your Weight Watchers Voucher. Note, however, that you are not under any obligation to purchase further Subscription Product(s) should you not wish to do so.
7.2 If we terminate your subscription to a Subscription Product(s) because of a serious breach by you of these Terms, then you will not be entitled to any refund. If we (rather than you) terminate for any other reason, then we will refund to you a proportion of your most recent payment so that you do not end up paying for the part of that subscription period when the Subscription Product(s) was not available to you.
8.Availability of Subscription Product(s)
The availability and use of the Subscription Product(s) may be limited based on demographic, geographic, health or other criteria as we may reasonably establish from time to time. You agree that we may disallow you from subscribing to a Subscription Product(s) or may terminate your subscription to a Subscription Product(s) at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to a Subscription Product(s), and/or we may limit subscription to a certain Subscription Product(s) to individuals currently attending Weight Watchers meetings in participating areas or locations.
9.Privacy and security
10.1 The Subscription Product(s) and the Website provide weight loss management and information, applications and content, and are intended only to assist users in their personal weight loss efforts. We are not a medical organisation and our staff and leaders cannot give you medical advice or diagnosis. Nothing contained in any printed materials, or otherwise offered as part of any Subscription Product(s) (whether in person or online), or published on the Website, should be construed as such advice or diagnosis. The information and reports generated by us or the service provider should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
10.2 You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or regimen. The Subscription Product(s) and the Website are intended for use and/or access only by healthy adult individuals. The Subscription Product(s) and the Website are not intended for use by minors, pregnant women, or individuals with any type of health condition. These individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. Before starting any weight reduction plan, you should make sure that you are not underweight. For more information, you should review our Health Notice.
11.Automatically become a community user
11.1 As a subscriber to the Subscription Product(s), you automatically become a community user of the Website, which provides you with access to certain Website products, offerings, features, or resources, such as the ability to post messages on one of the Community Areas (which is not available to those who are not community users) or use the “Community Profile” feature of the Website. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of the Website or post your own Content (as defined below).
12.Restrictions on use of Content
You acknowledge that any materials that you receive in relation to a Subscription Product(s) and this Website may 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 intellectual property and other rights, and that these rights are valid and protected in all forms, media and technologies existing now or in the future. All our Content is copyrighted under the United Kingdom or Irish copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of our Content or are licensed to use our Content (including the selection, co-ordination, arrangement and enhancement of that Content). All trademarks appearing in our materials and on this Website are trademarks of their respective owners. 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 in the materials or 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 our Content, in whole or in part. When Content is received by you in any form, you do not obtain any ownership interest in that Content. Modification of our Content or use of the Content for any other purpose, including, but not limited to, use of any our Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
13.Community standards and conduct guidelines
13.1 You acknowledge that all Content posted, emailed, or otherwise transmitted to or on the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), is the sole responsibility of the person who made the Posting. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as described in paragraph 13.2 below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for our Content), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website.
13.2 You agree not to use the Website (including any Community Areas) to:
a.) upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b.) harm minors in any way; or solicit or otherwise attempt to gain any information from a minor;
c.) impersonate any person or entity, including, but not limited to, any user of the Website, a director, officer, employee, shareholder, agent or representative of us, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
d.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website;
e.) upload, post, email or otherwise transmit any Postings or other materials that are not your own or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or other relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.) upload, post, email or otherwise transmit any Postings or other materials that infringe upon intellectual property rights, right of privacy or publicity or other ownership rights of any party;
g.) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
h.) upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Website;
j.) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k.) intentionally or unintentionally break any applicable laws and/or regulations;
i.) “stalk” or otherwise harass another user of the Website and/or any employee of us or the service provider;
m.) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including username or passwords) or about any other third party; and/or
n.) access or attempt to access another user’s account without his or her consent.
13.3 Your right to use and/or access the Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines above. We may revoke your right to use and/or access all or a portion of the 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 break the community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
This Website is not for use by children and is not directed to children. The Subscription Product(s) and the Website are for use and access by individuals who are eighteen (18) years or older. Individuals under the age of 18 (eighteen) are not allowed to subscribe to the Subscription Product(s).
These Terms apply to the Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
17.Third party products and services
You may be able to order services, merchandise or other products through the Website from other parties (collectively, “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no statements whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
18.Trade and service marks
WEIGHT WATCHERS® is the trade name and the registered trademark and service mark of Weight Watchers International, as are certain other trademarks and service marks used by us and the service provider. All rights are reserved.
19.1 You have mandatory legal rights as a consumer in respect of the Subscription Product(s). Nothing in these Terms affects those legal rights.
19.2 Please however note the following important disclaimers:
a.) the elements of this Website that are not included in the Subscription Product(s) are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, security or accuracy;
b.) neither we, nor any of our respective licensors, licensees, service providers or suppliers promise that the elements of this Website that are not included in the Subscription Product(s) will be uninterrupted or error-free, that defects will be corrected, or that the Website is free of viruses or other harmful components;
c.) neither we nor any of our respective licensors, licensees, service providers or suppliers make any statements regarding the use or the results of the use of the Online Subscriptions in, or offered through this Website, in terms of their correctness, accuracy, reliability, or otherwise; and
d.) no advice or information, obtained by you from us or the service provider shall create any binding statement unless expressly set out in these Terms.
20.Limitation of liability
20.1 If we and/or the service provider fail to comply with these Terms, we and/or the service provider are responsible for loss or damage you suffer that is a foreseeable result of that breach of these Terms or negligence, but we and/or the service provider are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
20.2 The Subscription Products(s) and Website are supplied for domestic or private use only. You agree not to use Subscription Products(s) for any commercial, business or resale purpose, and we and the service provider have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 We and the service provider do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of any employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of any of your legal rights in relation to the Subscription Product(s).
20.4 Any further liability of us other than set out above shall be excluded.
21.Governing law and jurisdiction
For residents of the Republic of Ireland these Terms shall be governed by and construed in accordance with the laws of Ireland. You agree that the courts of Ireland will have non-exclusive jurisdiction.
For residents of Northern Ireland these Terms shall be governed by and construed in accordance with the laws of Northern Ireland. You agree that the courts of Northern Ireland will have non-exclusive jurisdiction.
22.1 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Except as set out in paragraphs 4 and 5, these Terms may be only be amended by written agreement with us or the service provider. We and the service provider may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. If we and/or the service provider fail to insist that you perform any of your obligations under these Terms, or if we and/or the service provider do not enforce our rights against you, or delay in doing so, that will not mean that we and/or the service provider have waived our rights against you, and will not mean that you do not have to comply with those obligations. If we and/or the service provider do waive a default by you, we and/or the service provider will only do so in writing, and that will not mean that we and/or the service provider will automatically waive any later default by you.
22.1 If the supply of a Subscription Product(s) is delayed by an event outside our or the service provider’s control, then we or the service provider will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we or the service provider do this we and/or the service provider will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Subscription Product(s) and receive a refund for any Subscription Product(s) you have paid for but not received.
23.1 The EU Commission has provided for an internet platform for online dispute resolution (“ODR Platform”). This ODR Platform serves as point for an alternative dispute resolution with regard to contractual obligations from online contracts. The ODR Platform is accessible at the following link: http://ec.europa.eu/consumers/odr.
24.How to contact us
24.1 If you have any questions or concerns you may contact us by e-mail at email@example.com or by post at: