User subscription agreement

This User Subscription Agreement (“Agreement”) constitutes a valid, binding contract between you and Miles Bramwell USA, LLC, a Texas limited liability company, d/b/a Slimming World (“Slimming World”), the owner and operator of the site accessible through www.slimmingworld.com (the “Site), with respect to your subscribing to the services provided therein (“Services”).  Please read this Agreement carefully as it forms a binding contract between you and Slimming World, compliance with which is a condition precedent to your right to access and use the Program (as defined below).  Please print a copy of this Agreement for your records.

The Site’s Terms of Use remain in full force and effect except to the extent specifically amended or otherwise modified by this Agreement. In the event of a conflict or inconsistency between the Site’s Terms of Use and this Agreement, this Agreement controls.

The Site’s Privacy Policy, describing the information gathering and dissemination practices for the Program, can be accessed here.

YOUR CLICKING “I ACCEPT” SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND THE SITE’S TERMS OF USE, AS IT MAY BE AMENDED FROM TIME TO TIME.

1. Slimming World Program Access

1.01 Slimming World Program Access.  The Services consist of a set of Internet hosted, multi-user data information access software applications and associated data, including the Data (as defined below), tools for tracking weight loss progress, and receiving general support and information from Slimming World (collectively, the “Program”).  The extent of your access to the Program shall be determined by Slimming World, in its sole discretion, to meet your needs and requirements and your use of the Program shall be subject to this Agreement and the Site’s Terms of Use, provided that Slimming World may restrict or condition your access and use at any time if it reasonably believes that such continued access or use is likely to materially disrupt, degrade or injure any function or use of the Program with respect to other Slimming World customers.  Without limiting anything set out in Section 14 below, Slimming World shall also have the right to deny you access to the Program at any time, for any reason, with or without cause.

1.02 Equipment, Software and Connectivity Requirements.  Proper function of the Program requires your compliance with minimum specifications for equipment, software and connectivity.  It is your responsibility to acquire, maintain and/or install all necessary equipment and connectivity, including, but not limited to, a personal computer, tablet, smartphone, and common carrier related equipment and communication services and Slimming World shall not be responsible for any charges incurred by you in complying with the terms of this Agreement.

1.03 General Customer Obligations.  Without limiting anything set out in Section 2 below, you shall provide Slimming World with complete, accurate and timely information necessary to permit Slimming World to provide the Program as set out in this Agreement, including, without limitation, prompt responses to any inquiry or request by Slimming World for clarification, documentation or further information related your use of the Program.   

1.04 Consents and Authority.  You shall not permit individuals to access or use the Program without authorization or beyond the scope of their authorization.  Before using the Program, an individual will be required to complete a registration form and only the individual identified on such form will have access to the Program.  

2. License And Use Restrictions

2.01 Grant.  Subject to the terms of this Agreement and the Site’s Terms of Use, (i) Slimming World hereby grants you a non-exclusive, non-transferable, non-assignable, revocable license to access and use the Program, as it may exist from time to time, solely within the United States; and (ii) you hereby grant to Slimming World and its licensees, successors and assigns the worldwide, non-exclusive, transferable, assignable and royalty-free right and license to use information and content provided by you in connection with your use of the Program for the activities and purposes set forth in this Agreement, the Site’s Terms of Use and the Privacy Policy, including without limitation, the right to monitor, store, retrieve, remove, transmit, process, modify, otherwise prepare derivative works from, copy, distribute, disclose, sublicense and display such information in any and all media, whether now known or hereafter devised, which right and license to store, retrieve, copy, modify and otherwise create derivative works from such information to create Compiled Information as set forth in Section 1o shall not terminate and shall continue in perpetuity.  

2.02 Data.  You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the information accessed by, or content included in, the Program or otherwise provided through the Site (collectively, “Data”) without Slimming World’s prior express written consent in each instance.  You further agree that you will not use any device, software or routine to bypass or otherwise circumvent Slimming World’s data security standards, policies or procedures or any other element or component of the Program, or to interfere or attempt to interfere with the proper working of the Program.  You further agree that, except and only to the extent that such activity is permitted by applicable law, you will not (i) take any action that imposes an unreasonable or disproportionately large load on Slimming World’s infrastructure, or (ii) copy, reproduce, alter, modify, create derivative works, or publicly display any content or data from the Program, including the Data (but excluding Data consisting solely of information supplied by you), without the prior express written consent of Slimming World in each instance.

2.03 Scope of Use

(a) You shall not access or use the Program except as expressly authorized herein and, without limiting anything set out elsewhere in this Agreement, you hereby acknowledge that no Program materials will be sent to any mailing address outside the United States.  You shall access or use the Program only to process transactions and access Data submitted by you and not on behalf of any third party.

(b) You shall not sell, sell access to, or sell use of the Program or Data, including, but not limited to, in connection with the provision of a service to any third party that includes data access or any other service that is a substitute for some or all of the Program’s functions.

(c) Without limiting anything set out above, you shall not rent, sell, lease, retransmit, distribute, publish, transmit or in any way exploit all or any part of the Program or Data (excluding Data consisting solely of information supplied by you) to any third party by any means, including, but not limited to, electronically or on disk, except as expressly provided in this Agreement.  The contents of the Program, including, but not limited to the Data (excluding Data consisting solely of information supplied by you), may not be recirculated, redistributed or published by you to a third party without Slimming World’s express prior written consent in each instance.

(d) Except and only to the extent permitted by applicable law, you shall not make any enhancements, improvements or modifications to the Program, nor shall you reverse engineer, reverse compile, recompile, decompile, create derivative works from, or disassemble the Program.

(e) You shall not offer any part of the Program for sale or distribute it over any other medium, including, but not limited to, television or radio broadcast, a computer network or hyperlink framing on the Internet without the express prior written consent of Slimming World in each instance.

(f) You shall not introduce or permit to be introduced into the Program any virus, worm, Trojan horse or other software routine, program or mechanism that permits unauthorized access into, disables, erases, in whole or in part, or otherwise adversely affects the Program, including, but not limited to, data stored on the Program and/or related software or any equipment maintained or used by Slimming World.

(g) You shall not use the Program for any illegal, or unlawful purpose or in any manner inconsistent with applicable law.

(h) You shall comply with such reasonable policies, procedures and instructions as may be established by Slimming World from time to time concerning access to and use of the Program upon your notice of such policies, procedures or instructions, which notice may be provided by posting such policies, procedures and/or instructions on the Site.

VIOLATION OR BREACH BY YOU OF ANY REQUIREMENTS OR RESTRICTIONS SET FORTH IN THIS SECTION 2.03 SHALL CONSTITUTE BREACH OF A MATERIAL PROVISION OF THE AGREEMENT, WHICH GIVES SLIMMING WORLD THE RIGHT, IN ITS SOLE DISCRETION, TO IMMEDIATELY TERMINATE THIS AGREEMENT AND TO SEEK ALL REMEDIES AVAILABLE AT LAW OR IN EQUITY.

2.04 Modifications and Upgrades. Slimming World shall have the right, in its sole discretion, to substitute, replace, modify or upgrade the Program or any part or aspect of it as Slimming World deems advisable or desirable, and all substitutions, replacements, modifications and upgrades shall be subject to this Agreement and the sole and exclusive property of Slimming World.  If Slimming World provides any substitutions, replacements, modifications and/or upgrades, you will be required to utilize them and Slimming World will only be required to support the most recent and current release or version of the Program, and not any previous release or version.

3. Member ID and Password

As part of the registration or profile building processes, you shall create a password, after which Slimming World will assign a user identification to you (“User ID”).  The password and User ID combination shall be unique to you and you shall only log into the Program using your password and User ID. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID AND PASSWORD AND FOR ANY AND ALL ACTIVITIES CONDUCTED USING SUCH USERNAME AND PASSWORD.  Without limiting anything set out elsewhere in this Agreement, User IDs and passwords are non-transferable.

4. User Eligibility

The Program is only available for use by individuals in the United States who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Program is not intended for use by minors under the age of 18 or to any individual who has had his/her user name and/or password account with Slimming World suspended.  Further, except as expressly set out below, neither your User ID nor your password nor the account associated with them shall be transferred or sold to another party.  

5. Identity Verification

Although Slimming World requires that all users provide accurate identification information, Slimming World does not confirm or otherwise verify each user’s purported identity and assumes no responsibility for such confirmation or verification.  If confirmation or verification of another user’s identity is required, a third party escrow service or other service provider should be used.

6. Fees

6.01 By providing your payment information, you authorize and instruct Slimming World to bill your credit card account for the non-refundable fee of the Initial Term (as defined below) and any Renewal Term or Special Renewal Term (as defined below), which transactions are processed by a third party service provider. Please see Section 6.03 below for our fee schedule. Each time you log onto the Site, you reaffirm your agreement that Slimming World has the right to charge your credit card (or other form of payment, if applicable) and acknowledge that, in the event that Slimming World is unable to charge your credit card (or process another form of payment, if applicable) for any reason, including, without limitation, expiration or cancellation of such card, Slimming World has the right, but not the obligation, to suspend your ability to access and use the Program and/or to terminate this Agreement.  For avoidance of doubt, if your credit card expires, is cancelled, or is otherwise inactive, you should visit your settings and update your payment details.  

6.02 Slimming World reserves the right to increase fees, or to institute new fees at any time, upon notice communicated to you through a posting on the Site or such other means as Slimming World deems appropriate (including email or conventional mail), which increase will take effect no earlier than the next billing period for your User ID and password.  Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all fees associated with using the Program and all applicable taxes.  Slimming World may, in its sole discretion, change some or all of applicable fees at any time.

6.03 Fee schedule: up to and including January 2018

$30 for initial 3 months, then $10 per month.

Fee schedule: February 2018 onwards (pricing subject to change)

New members:  $65 for initial 3 months, then $15 per month thereafter.

Existing members:  $15 per month.

 

7. Health Disclaimer

NOTHING STATED IN THIS AGREEMENT, THE PROGRAM OR OTHERWISE ON THE SITE SHOULD BE CONSIDERED MEDICAL ADVICE, OR USED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.  ALL INFORMATION POSTED IN THE PROGRAM OR ON THE SITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OF ANY ILLNESS, DISEASE OR OTHER MEDICAL CONDITION.  

YOU ASSUME ALL RISKS OF ACCESSING AND USING THE PROGRAM WITHOUT ADHERING TO THE FOLLOWING:

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

If you suspect you have an illness, disease, or a health related condition of any kind, seek professional medical care with a qualified healthcare professional immediately.  DO NOT POSTPONE OR DELAY SEEKING TREATMENT OR DISREGARD MEDICAL, DIETARY OR OTHER ADVICE BASED UPON INFORMATION IN THE PROGRAM OR OTHERWISE ON THE SITE.

You are encouraged to seek the advice of a physician or other qualified healthcare professional before beginning any weight loss plan, including, without limitation, by showing the Slimming World weight loss plan to such physician or healthcare professional, and any modifications made to the plan by your physician or other qualified healthcare professional should be followed.  It is your responsibility to ensure that there are no medical reasons why you should not embark upon a weight loss campaign.  If in any doubt at all, you should check with your healthcare team. THE PROGRAM AND THE SITE ARE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 18, UNDERWEIGHT INDIVIDUALS, PREGNANT WOMEN, INDIVIDUALS WITH EATING DISORDERS OR INDIVIDUALS WITH CERTAIN HEALTH CONDITIONS (INCLUDING, WITHOUT LIMITATION, CANCER, LIVER OR KIDNEY DISEASE).  INDIVIDUALS TAKING ANY MEDICATION OR WITH ANY OTHER HEALTH CONDITION ARE SPECIFICALLY WARNED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF WEIGHT LOSS EFFORT OR REGIMEN TO VERIFY PARTICIPATION IN THE PROGRAM IS APPROPRIATE.

The Program is designed for a safe rate of weight loss and not intended for rapid weight loss, which may pose a risk of developing health complications.

If you become pregnant after joining the Program, you should immediately inform the member support team.  Slimming World online is not suitable for women who are pregnant and therefore pregnant women are not able to continue using the online service. Please note, membership fees are non-refundable. However, once members have had their post-natal check-up and been told that it is safe to lose weight by their obstetrician, gynecologist, or health care professional, they can then re-start their membership by contacting the member support team.

Membership is only offered to breastfeeding mothers if they have been told that it is safe to lose weight by their obstetrician, gynecologist, or health care professional.

For your safety, Slimming World Online membership is not offered to anyone with a Body Mass Index (BMI) below 23.  It is your responsibility to ensure all information provided as part of your online registration is accurate and true. To ensure your health and wellbeing while you lose weight, target weights may not be set below a BMI of 20 (underweight). Members whose weight falls below a BMI of 20 will be given 4 weeks to return to a BMI of 20 or above, after which membership will be cancelled. Underweight members will be directed to their health care team to receive appropriate medical advice and care, and will be offered a pro-rata refund of their membership fee.

If you have a medical condition which may be adversely affected by exercise, you should consult your doctor before following any exercise information provided via the Program or otherwise on the Site.  Without limiting anything set out elsewhere in this Agreement, each member must take personal responsibility for himself/herself when doing any exercise.  If, at any time while exercising, a member feels any ill effects, Slimming World recommends stopping the exercise and consulting a doctor or other qualified healthcare professional immediately.

We always recommend members follow the medical and any dietary advice they have been given by their doctor or other health professional.

8. Security

You shall take reasonable steps to maintain the security of communications between you and the Program.  Slimming World has the right to rely that any access or use of the Program through your User ID and password has been made by you, unless notified by you in writing in advance to the contrary.  If you knowingly or unknowingly furnish your User ID and/or password to an unauthorized person, you are validating the authority of such person to act on your behalf with respect to any access or use of the Program through such User ID and/or password and shall be responsible for any charges, damages or losses incurred or suffered as a result of such access or use.  You shall notify Slimming World immediately if you become aware of any unauthorized use of any User ID or password.  Slimming World shall have the right at any time to change, modify or amend your password or User ID.

9. Confidentiality

9.01 As part of the Program, you may receive or have access to information from Slimming World of a confidential and proprietary nature that may include, without limitation, software, computer programs, formats and technology for organizing and presenting data, communication formats and technology, design concepts, methods, processes and ideas, and the structure, sequence, and organization, designs, data models, tables and set-ups, and interfaces, embodied or expressed therein, as well as information used by Slimming World for the operation of its business.  Except as expressly directed by Slimming World in writing in each instance, you shall hold the confidential and proprietary information of Slimming World in confidence, using a standard of care no less than the standard of care used by you to protect your own confidential and proprietary information (which standard shall in no event be less than reasonable) and not use or disclose it, or allow it to be used or disclosed, directly or indirectly, to any person or entity.

9.02 In the event that you become legally compelled to disclose any information otherwise subject to confidentiality or use limitations of this Agreement, you shall provide Slimming World with prompt notice, to the extent permitted by law, so that Slimming World may seek a protective order or other remedy.  Without limiting the foregoing, you shall disclose only that portion of such information which you are advised by written opinion of counsel is legally required and shall use your best efforts to obtain a protective order or other reasonable assurance that such proprietary information shall be treated confidentially by any recipient.  The obligations in this Agreement as to confidential and proprietary information shall not apply to information which (i) is or becomes generally available to and known by the public (other than as a result of an unauthorized disclosure directly or indirectly by you or your affiliates, advisors or representatives); or (ii) is or becomes available to you on a non-confidential basis from a source other than Slimming World or its affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with, or other obligation of secrecy to, Slimming World or any affiliate of which you have, or should have had, knowledge at the time of such disclosure.

10. Ownership and Data

10.01 As between you and Slimming World, the Program and all related Intellectual Property (as defined below) shall be and remain the exclusive property of Slimming World and, except as expressly set out below or as permitted by the Copyright Act, 17 U.S.C. §107, use of the Program and all related Intellectual Property other than in accordance with this Agreement without the express prior written consent of Slimming World in each instance is a material breach of this Agreement.  Requests for such consent must be sent to support.team@slimmingworld.com.  

10.02 You shall have the right to make digital or physical copies of Program materials solely for personal and non-commercial use or classroom/educational use without payment of any fee, provided that the notice requirements of Section 10.03 below are strictly followed.  

10.03 Your authorized copying of any Program materials shall include the reproduction of any notices or other legends included on such materials.   For avoidance of doubt, you may copy such materials only on the condition that any notice or other legend is legibly reproduced as part of such material.

10.04 “Intellectual Property” means any and all designs, formulas, procedures, methods, apparatus, ideas, creations, improvements, graphics, text, other works of authorship, materials, processes, inventions, techniques, data, know-how, show-how, algorithms, programs, subroutines, tools, trademarks, patents and patentable materials, copyrights and copyrightable materials (and all extensions and renewals thereof), trade secrets and derivative works of any of the foregoing.

10.05 You agree that Slimming World may store, retrieve and copy information it receives from you, including Data provided by you, and modify it to remove, encode, encrypt or otherwise conceal your personal identifiers, and thereby de-identify such data, including without limitation, data consisting of your utilization data, outcomes data and other data reflecting your experience, condition and activities.  Such de-identification shall include the steps necessary to render the information in such condition that Slimming World reasonably believes that no intended recipient of the information could use the information to identify you with particularity.  You further agree that Slimming World may further modify and incorporate copies of such information in de-identified form into aggregations or compilations of technical and business information (the “Compiled Information”), all of which de-identified data incorporated by Slimming World into Compiled Information shall belong exclusively to Slimming World, with Slimming World having the unrestricted right to use it as it sees fit for any lawful purpose (including without limitation, the perpetual, irrevocable, worldwide, exclusive, transferable, and royalty free right to monitor, store, retrieve, transmit, process, modify, prepare derivative works, copy, distribute, disclose and/or display such data), provided that in each case of distribution, display or disclosure to any third party, Slimming World shall not provide any key or other device to enable coded, encrypted, or concealed identifying information to be disclosed or re-identified unless required by law.

11. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Program, including, without limitation, any solicitation of offers to purchase, and any sale of items.

12. Term

This Agreement shall remain in full force and effect from the date of your registration (“Effective Date”) through and including the date that is three (3) months thereafter (the “Initial Term”).  Upon the expiration of the Initial Term, this Agreement shall renew as more specifically set out in Section 13 below, unless terminated by either party as set out in Section 14 below.  

13. Renewal

13.01 Program Renewal.    Except as expressly set out below, upon expiration of the Initial Term, this Agreement will renew on a month-to-month basis (each month, a “Renewal Term”); provided, however, that, during the Initial Term, you may select a Renewal Term of three, six or twelve months (or such other period(s), if any, as may be specifically set out, from time to time, on the Site; each such period, a “Special Renewal Term”), upon notice received by Slimming World not less than 14 days prior to the expiration of the Initial Term, which notice shall specify the duration of the selected Special Renewal Term.  Each Renewal Term or Special Renewal Term, if any, will start on the date immediately following the last day of the Initial Term, or the then-current Renewal Term or Special Renewal Term.  

13.02 Renewal for ‘transferred’ members (the “Transfer Members”).  This section applies only to users who were members through the Slimming World UK site previously located at www.slimmingworld.com or the Lewisville, Texas group transferred to the Program.

Because Transfer Members did not enter payment details on transferring to, or registering for, the Program, if you are a Transfer Member and wish to continue accessing and using the Program, you are responsible for notifying Slimming World of the Renewal Term or Special Renewal Term before the last day of the existing term of your current membership.  For avoidance of doubt, your submission of such notification is your agreement to this Agreement and the Site’s Terms of Use.

If you are a Transfer Member and do not provide the notification specified above, but wish to continue accessing and using the Program, you have a period of 2 weeks from the expiration of your membership to so notify Slimming World, receipt of which notice by Slimming World will allow such continued access and use, subject to this Agreement and the Site’s Terms of Use. If you do not provide notification within such 2-week period, your account will be automatically closed and any access and use of the Program by you will be subject to registration as a new member.   If your account is closed pursuant to the immediately preceding sentence, your previous history and account details will not be accessible.

14. Termination/Refund

14.01 Termination by You.  

During any Renewal Term or Special Renewal Term, you have the right to terminate this Agreement at any time upon 2 weeks prior notice to Slimming World, which shall be sent by one of the following means: (i) the Cancel Future Subscriptions button in your settings page; (ii) by email to support.team@slimmingworld.com, with the word “CANCEL” in the Subject line; or (iii) by certified mail, return receipt requested, to

Slimming World
Attn:  Accounts Department
2404 B S. Stemmons Hwy.
Lewisville, TX 75067

Notice of termination shall be effective two weeks after Slimming World receives the notice.  

If you extend your membership beyond the Initial Term and decide to cancel, Slimming World will refund to you the pro-rata difference, if any, between the amount you paid and the time you have remaining on the effective date of cancellation.

If you terminate this Agreement and are entitled to a refund, Slimming World reserves the right to charge a fee in an amount equal to the cost to Slimming World of any administrative or other services you may have used prior to such termination, to the extent permitted by law.

14.02 Termination by Slimming World.

(a) Slimming World has the right to terminate this Agreement, with or without cause (including, without limitation, for failure to provide accurate registration information and lack of use (as more specifically set out below)), upon thirty (30) days’ prior written notice to you (which notice may be sent by email or as otherwise provided herein or on the Site).  If Slimming World terminates this Agreement for cause, you will not be entitled to any refund. If Slimming World terminates this Agreement for any reason other than cause prior to the end of the Initial Term, or any Renewal Term or Special Renewal Term,  you will be entitled to a refund calculated on a pro rata basis.

(b) If you do not access the Program for a period of thirty (30) days, this Agreement will immediately and automatically terminate.  In the event of termination for non-use, you shall have the right to resume access and use of the Program under a Renewal Term or a Special Renewal Term by sending written notice to Slimming World through the Site or by certified mail, return receipt requested, to the address set out above.

14.03 Effect of Termination

Upon termination:

(a) All licenses and rights granted by Slimming World to you herein shall terminate immediately and automatically and, notwithstanding any other provisions of this Agreement, you shall immediately cease use of the Program, and all elements and components thereof, including, without limitation, all Intellectual Property.  You acknowledge that your failure to comply with the foregoing provision shall be a material breach of this Agreement.  For avoidance of doubt, you acknowledge and agree that termination of this Agreement shall have no effect on Slimming World’s continued right to retain and use your Data, subject to Section 10 above;

(b) The rights and obligations of the parties which, by their nature are intended to survive termination, shall so survive, including, without limitation, those under Sections 2, 9, 10 and 15, and all representations and warranties made by you; and

(c) The parties shall have such further rights as are provided by law subject to the limitations and disclaimers in this Agreement.

15. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS SLIMMING WORLD, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, JUDGEMENTS, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES)  ARISING FROM OR RELATED TO YOUR  PARTICIPATION IN THE PROGRAM, YOUR USE OF THE SITE AND ANY MATERIALS CONTAINED THEREIN, AND ANY SITES LINKED TO THE SITE, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF SLIMMING WORLD.

16. General Disclaimer of Warranties; Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE TO THOSE DISCLAIMERS OF WARRANTIES, AND LIMITATIONS AND EXCLUSIONS OF LIABILITY INCLUDED IN THE SITE’S TERMS OF USE.  

Furthermore:

(a) Slimming World makes no warranty and shall not be responsible with respect to any interception, access, loss, impairment, delay, corruption, or damage of any outbound code or data after the packet leaves the back end of Slimming World’s Internet server or of any inbound code or data before the packet enters the back end of Slimming World’s Internet server;

(b) You assume full responsibility to evaluate for yourself the quality, reliability, suitability and results of the Program and any information or recommendations you obtain from or using the Program.  Without limiting the foregoing, Slimming World shall not be responsible for the quality, reliability, suitability or functionality of information stored or transmitted using the Program, nor does Slimming World warrant that you will lose weight by following the Program or, if you do lose weight, how much weight will be lost.

(c) Use by you of software or connectivity for purposes, data, software or functionality other than or in addition to the Program may delay, impair or interfere with the Program’s functionality, and Slimming World is not responsible for the effects of such use.

SLIMMING WORLD HAS DETERMINED THE PRICING FOR THE PROGRAM UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THAT UNDERSTANDING AND AGREE, THAT SLIMMING WORLD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR FAILURE TO LOSE WEIGHT, MEDICAL COMPLICATIONS, LOSS OF DATA OR OTHER LOSSES (EVEN IF SLIMMING WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  

IF YOU ARE DISSATISFIED WITH THE PROGRAM, THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND YOUR PARTICIPATION IN THE PROGRAM.

YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY SLIMMING WORLD SHALL BE TO TERMINATE THIS AGREEMENT AND OBTAIN A REFUND OF A PRO-RATA PORTION OF ANY PREPAID FEES BASED ON THE DATE OF TERMINATION.  NOTWITHSTANDING THE FOREGOING, SLIMMING WORLD’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100 (USD).

YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST SLIMMING WORLD ARISING OUT OF THE USE OF THE SITE OR PARTICIPATION IN THE PROGRAM.

YOU SPECIFICALLY ACKNOWLEDGE THAT SLIMMING WORLD IS NOT LIABLE FOR ANY  DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

17. Force Majeure

No failure, delay or default in performance of any obligation under this Agreement shall constitute an event of default or a breach of representation or warranty under this Agreement if and to the extent it is caused by a strike; fire; shortage of materials; legal act of a public authority; unavoidable casualty; civil disorder; riot; insurrection; vandalism; war; act of terrorism; inclement weather; failure of the Internet; failure or error of any internet access provider; failure or impairment of any lines of transmission belonging to any third party; failure or impairment of any third party server, router, other equipment or software through which internet transmissions occur; or, other extraordinary cause if such cause or condition is beyond the reasonable control and without the negligence of the party otherwise chargeable, for so long as such cause or condition continues and for a reasonable period of time thereafter.  Notwithstanding the foregoing, such cause or condition shall not include a party’s lack of funds, lack of credit, or other financial inability to perform.  If a party intends to rely on the foregoing force majeure protection, it shall timely notify the other in order to permit the other in its sole discretion to suspend or curtail its own performance under the Agreement for such time as the failure, delay or default continues.

18. Modification

Slimming World may at any time amend or modify the Program and/or the terms of this Agreement, without prior notice, and will post any such amendments or modifications on the Site’s homepage.  It is your responsibility to check the Site periodically for changes.   By continuing to use the Site after the posting of such changes, you agree to be bound by this Agreement, as amended or modified.  

19. Entire Agreement; Assignability; Construction

This Agreement and the Site’s Terms of Use constitute the entire agreement between you and Slimming World with respect to your participation in the Program and your use of the Site.   There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site and your participation in the Program except as set forth in this Agreement and the Site’s Terms of Use.  You agree that this Agreement may be assigned by Slimming World, in its sole discretion, to a third party in the event of a merger, acquisition or other change in control.  Heading are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Slimming World’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

20. Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the same, or a substantially similar,  legal effect.

21. Governing Law and Venue

By accessing the Site and participating in the Program, you agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters relating to the Site and the Program (whether grounded in tort, contract, law or equity).  In the case of a dispute, you and Slimming World agree that any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in New York County, New York.  You hereby irrevocably and unconditionally consent to the exclusive jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

22. Transferring or Pausing Membership

In exceptional circumstances, your access to the Program can be transferred or paused and resumed at a later date.  To request a pause or transfer, you must contact Slimming World by phone, letter or email (stating your full name, registered e-mail address and membership number) at support.team@slimmingworld.com, with the word “TRANSFER” or “PAUSE” (as applicable) in the Subject line, or

Slimming World
Attn:  Online Membership
2404B S. Stemmons Hwy.
Lewisville, TX  75067

(877) 921-7546

23. State Law

You may have certain cancellation, termination and refund rights under applicable state law in addition to those set out in this Agreement.  

Updated July 20, 2016