7. Health Disclaimer
NOTHING STATED IN THIS AGREEMENT, THE SERVICES OR OTHERWISE BY SLIMMING WORLD SHOULD BE CONSIDERED MEDICAL ADVICE, OR USED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. ALL INFORMATION POSTED IN THE SERVICES 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 SERVICES 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 FROM OUR SERVICES OR OTHERWISE ON THE SERVICES.
You should seek the advice of a doctor or other qualified healthcare professional before beginning any weight loss plan, including, without limitation, by showing the Slimming World weight loss plan to such doctor or healthcare professional, and any modifications made to the plan by your doctor 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 you have any doubt at all that the Services or any other information provided to you by Slimming World is not right for you, you should always check with your doctor or other qualified healthcare professional. OUR SERVICES ARE NOT INTENDED FOR USE BY ANYONE 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 OUR SERVICES IS APPROPRIATE.
Our Services are 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 you have started using our Services, you should immediately inform the member support team. Our Services are not suitable for women who are pregnant and therefore pregnant women are not able to continue using our Services. 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 begin using our Services by contacting the member support team.
Our Services may only be used by 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, our Services are 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. Members whose BMI falls below 20 will be given 4 weeks to return to a BMI of 20 or above. If after 4 weeks the member’s BMI is not 20 or above, the member's membership will be cancelled. Underweight members will be directed to their doctor or other qualified healthcare professional 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 or other qualified healthcare professional before following any exercise information provided via the Services or otherwise by Slimming World. 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, stop the exercise and consult your 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.
You shall take reasonable steps to maintain the security of communications you make with, on or through our Services and Slimming World. Slimming World has the right to rely that any access or use of the Services 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 Services 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.
9.01 As part of the Services, 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 Services 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 Services 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 email@example.com.
10.02 You shall have the right to make digital or physical copies of Services 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 Services 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.
11. Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services, including, without limitation, any solicitation of offers to purchase, and any sale of items.
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.
13.01 Services 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 one or three 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.
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 firstname.lastname@example.org, with the word “CANCEL” in the Subject line; or (iii) by certified mail, return receipt requested, to
Attn: Accounts Department
Slimming World, Lewisville Vista Point North, 405 State Hwy 121 Bypass, Suite A250, 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.