goodtoknowdiets.co.uk Terms and Conditions
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These Terms and Conditions govern your use of IPC goodtoknowDiets site (the goodtoknowDiets site) and your relationship with Tesco Ireland Limited (Tesco, 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 use or become a member of the goodtoknowDiets site. The goodtoknowDiets site is delivered by Tesco pursuant to an agreement with IPC.
This website is operated by IPC Media, a company incorporated in England and Wales, company registration no. ******. Registered office Blue Fin Building, 110 Southwark Street, London SE1 0SU. For more details, please go to Contact Us.
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Use of the goodtoknowDiets site
You will be able to access some areas of the goodtoknowDiets site without registering as a member. However, by accessing any part of the goodtoknowDiets site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
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Amendments
We may update these Terms and Conditions from time to time. You should periodically review them for changes although where possible we will try to bring any changes to your attention by indicating such changes via a notice on the goodtoknowDiets site. If you continue to use the goodtoknowDiets site after the date on which any changes come into effect, your use of the goodtoknowDiets site indicates your agreement to be bound by the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions you should not continue to use the goodtoknowDiets site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation).
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Membership
To register as a member of the goodtoknowDiets site you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You can review your details by signing into the Member login section of the goodtoknowDiets site. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. With the exception of trial memberships and special offers, the initial membership term (Initial Membership Term) is ten weeks. Unless specified otherwise on the goodtoknowDiets site, membership is automatically renewed after the Initial Membership Term. Thereafter you will be charged monthly until your membership is cancelled (for cancellation details see paragraph 11 below). Details of pricing are shown within the sign-up process. Prices are expressed inclusive of any VAT payable. Any reduction or increase in the monthly membership price will take effect in your next membership month following notification. Your membership month begins on the next calendar date after the date on which your IMT ends and finishes on the day before that calendar date the following month.
Members automatically receive a complimentary subscription to our weekly newsletter containing nutritional, fitness and other related information.
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Payment
By joining as a member you agree to register for the initial membership term (IMT) as indicated on registration. You also agree that the goodtoknowDiets members' services on the goodtoknowDiets site will be available to you immediately. As a result you agree that you will not be entitled to cancel your membership during your IMT pursuant to the Consumer Protection (Distance Selling) Regulations 2000, i.e. you will not have the usual cooling-off period.
You can notify us of your request to cancel at any time during your IMT but this will not take effect until the end of your IMT. (Although the cancellation option on 'My Account' will not be available during the first day of membership). In the event that you do not use your goodtoknowDiets account, cancellation will not automatically take place. After your IMT your subscription will be renewed on a monthly basis and you will be billed on that basis until you notify us that you wish to cancel. If you cancel after your IMT, cancellation will take effect the day before your next monthly subscription period. You will not be entitled to a refund of any fees already paid. All cancellation options are available in the 'My Account' section of your personal online account. Alternatively, we will accept requests to cancel via email.
In addition, in circumstances where our relationship with IPC comes to an end we may no longer be able to provide you with access to the goodtoknowdiets.co.uk site; in such circumstances we will transfer your membership to our proprietary site www.tescodiets.com unless you inform us that you wish to cancel your membership (if the goodtoknowdiets.co.uk site is unavailable we would request that you notify us of your request to cancel by emailing Customer Services as set out in above).
The suspension or cancellation of your membership and your right to use the goodtoknowdiets.co.uk site shall not affect either party's rights or liabilities.
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Password and security
If you register to become a member of the goodtoknowdiets.co.uk site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for details) immediately.
If Tesco has reason to believe that there is likely to be a breach of security or misuse of the goodtoknowdiets.co.uk site, we may require you to change your password or we may suspend your membership.
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Excluded services
The services provided by the goodtoknowdiets.co.uk site do not include the provision of computer or other necessary equipment to access the goodtoknowdiets.co.uk site. To use the goodtoknowdiets.co.uk site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
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Intellectual property
The content of the goodtoknowdiets.co.uk site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the goodtoknowdiets.co.uk 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) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the goodtoknowdiets.co.uk site without written permission from Tesco.
No licence is granted to you in these Terms and Conditions to use any trade mark of IPC or Tesco or its affiliated companies including, without limitation, the trade marks TESCO, goodtoknowdiets.co.uk, IPC, TESCO DIETS,TESCO.COM and TESCO CLUBCARD.
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Your use of the goodtoknowDiets site
The goodtoknowDiets site provides message boards that allow interaction between users. You may not use the goodtoknowDiets site, including the message boards, for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";
- gaining unauthorised access to other computer systems;
- interfering with any other person's use or enjoyment of the goodtoknowDiets site; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Tesco reserves the right to refuse to post material on the goodtoknowDiets site or to remove material already posted on the goodtoknowDiets site. Tesco makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards.
You will be responsible for:
- any claim by any third party that the use of the goodtoknowDiets site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the goodtoknowDiets site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the goodtoknowDiets site by you.
By submitting material you are granting Tesco a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the material in whole or in part and in any form.
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Availability of the goodtoknowDiets site
Although the goodtoknowDiets site aims to offer you the best service possible, we make no promise that the services at the goodtoknowDiets site will meet your requirements. Tesco cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Customer Services (see below for contact details) and we will attempt to correct the fault as soon as we reasonably can. Your access to the goodtoknowDiets site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco will attempt to restore the service as soon as it reasonably can.
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Health - caution in use of the site
Tesco strongly recommends that you should seek medical advice before starting any weight loss or nutritional programme. The information on the goodtoknowDiets site does not offer medical advice or act as a substitute for medical treatment. You should not use the goodtoknowDiets site if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs.
The goodtoknowDiets site provides general information and guidance on weight loss and weight loss management. Although it aims to help users in their efforts to lose weight, information on the goodtoknowDiets site does not constitute advice tailored to an individual's specific requirements.
- incompatibility of the goodtoknowDiets site with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the goodtoknowDiets site;
- unsuitability, unreliability or inaccuracy of the goodtoknowDiets site;
- inadequacy of the goodtoknowDiets site to meet your requirements.
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Third party websites
As a convenience to users, the goodtoknowDiets site includes links to other web sites which are beyond Tesco's control. Tesco is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the goodtoknowDiets site (which includes any IPC related link).
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Advertising and sponsorship
Part of the goodtoknowDiets site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the goodtoknowDiets site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Tesco is not responsible for any products or services offered by such advertisers or sponsors.
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Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
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International use
Tesco makes no promise that materials on the goodtoknowDiets site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland, and accessing the goodtoknowDiets 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 and the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.
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Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect
If you breach these Terms and Conditions and Tesco ignores this, Tesco 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.
Tesco shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
Save for IPC, who may enforce the rights granted to it pursuant to these Terms and Conditions, a person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
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IPC and third party information
From time to time IPC and third parties carefully selected by IPC may provide you with information and offers which may be of interest to you. Where you have ticked the relevant box during the registration process we will pass your contact details to IPC (who may in turn pass such information to the third parties referred to above) in order for you to receive information from IPC and third parties in relation to such services and products.
If you wish to stop receiving information from IPC and/or other third parties please let us know by contacting Customer Services (details below).
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Sensitive personal data
By registering as a subscriber, you acknowledge that you will need to provide details of health, gender and age so that we may provide the services. Further, you agree that we may transmit this sensitive personal data, via secure links, to our website host, ediet.com Inc, which is based in the USA.
The goodtoknowDiets site is owned and operated by Tesco Ireland Limited, a company registered in Ireland whose registered office is at Gresham House, Marine Road, Dun Laoghaire, Co. Dublin, Ireland.
If you have any queries please contact help@goodtoknowDiets
By telephone UK National Rate TBC
By post goodtoknowDiets, c/o Blue Fin Building, 110 Southwark Street, London SE1 0SU
Tesco's liability
Although Tesco will use reasonable skill and care in providing the goodtoknowDiets site, it gives no other warranties or guarantees in relation to the goodtoknowDiets site. You must bear the risks associated with the use of the Internet.
The goodtoknowDiets site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the goodtoknowDiets site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Tesco will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the goodtoknowDiets site. If Tesco is informed of any inaccuracies in the material on the goodtoknowDiets site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
You agree that we will not be liable to you for any losses related to any business interests that you have, such as lost data, lost profits or business interruption.
Nothing in these Terms and Conditions shall exclude Tesco's liability for personal injury or death caused by its negligence.
You recognise and agree that your legal relationship is solely with Tesco. To the extent that you have any issues in relation to the goodtoknowDiets site or the services provided through the goodtoknowDiets site you agree that you should (except to the extent that such restriction is unenforceable under the applicable law of these Terms and Conditions) contact and, if applicable, seek redress from Tesco and not IPC. To the extent that you do seek redress from IPC you agree that, to the extent permitted by law, IPC may rely on and enforce the limitations and restrictions set out in these Terms and Conditions to the same extent as Tesco would be able to rely on and enforce such limitations and restrictions against you.
