PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY
- Information about us
- Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
- Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on our site for commercial purposes without obtaining direct agreement from us.
This website is not directed to individuals under 18 years.
- Health disclaimer
It is recommended that you consult your GP before starting any eating, weight loss or reduction plan. The website is intended to assist users in weight loss efforts. We are not a medical organisation and we cannot give medical diagnosis or advice.
The material on this website is intended as a general guide to weight loss management. We do not provide assistance on individual cases on any information submitted or posted to the website by you.
Slimtone and Marie Griffiths shall not be liable for any injury to health arising out of any diet or exercise recommended by Slimtone or in the Lifestyle Plan.
- Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
- Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Information about you and your visits to our site
- Charges and Fees for Products
By purchasing a product, you agree as follows:
To pay, using a valid credit card (or other form of payment which we may accept from time to time), the charges set out on this website, applicable taxes, and other charges, surcharges, costs and fees incurred in order to access or purchase our products.
All fees are quoted in pounds sterling and are inclusive of any applicable VAT, except where otherwise stated.
By placing an order for a product you agree to these Terms & Conditions as amended from time to time. You acknowledge that you are a resident of either the United Kingdom or EIRE and that products will only be delivered to an address in either the United Kingdom or EIRE.
Title to a product will pass to you when you provide full payment for the product or when you receive the product, whichever is the later.
Risk of loss or damage to the products shall pass to you on the date that we provide the product to a third party for delivery to you.
Any estimates made in relation to any delivery date of products are estimates only, and we provide no warranty or representation that such an estimate will be correct. By ordering a product you agree that timing is not of the essence with regard to delivery of products.
The published price of the products will be inclusive of VAT unless we have stated otherwise.
- Disclaimers and Warranties
Please note the following disclaimers of warranties that form part of these Terms & Conditions:
- the products, offerings, content and materials on this website are provided “as is” and, to the extent permitted by law, without warranties of any kind, either express or implied;
- to the extent permitted by law, we disclaim all warranties (express or implied), including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this website, or able to be accessed through any link on this website;
- neither Slimtone nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available, are free of viruses or other harmful components;
- any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material;
- neither Slimtone nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers endorse, recommend, promote, warrant or make any representations regarding the use, benefits, risks or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise;
- no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these Terms & Conditions; and
- we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of any content or other material contained on this website or able to be accessed through any link on this website.
11. Limitation of Liability
You expressly understand and agree that we and our Affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses whatsoever arising out of, or resulting from:
- the use or the inability to use this website;
- the use of any content or other material on this website or any website or websites linked to this website;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on this website; or
- any other matter relating to this website.
You acknowledge that, by undertaking any eating plan, you are doing so voluntarily and you are aware that there may be dangers in participating in an eating plan. You are aware that your undertaking an eating plan may result in serious personal injury, permanent disability or death and/or property loss and damage.
You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in an eating plan or other risks not known to you or that are not readily foreseeable at the time of using this website. You agree that you assume all risks in connection with your participation in an eating plan. To the maximum extent permitted by law, Slimtone (including its respective officers, employees and agents) and its Affiliates are not liable for the breach of any express or implied warranty that any services provided by Slimtone will be provided with reasonable care and skill.
You agree to participate in any eating plan in a manner that is not reckless or dangerous to yourself or other people.
To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless Slimtone (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in an eating plan, use of your own equipment, or any activity incidental to an eating plan, whether direct, consequential or foreseeable and whether caused by accident or any wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with an eating plan.
Where your loss is not or cannot be excluded by these Terms & Conditions then:
- in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this website; and
- our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions is limited to, at our election:
In addition to the limitations of liability above, you expressly understand and agree that, in relation to the products, we and our Affiliates, to the extent permitted by law:
- exclude all conditions and warranties implied into these Terms & Conditions; and
- limit our liability for breach of any such condition or warranty that we cannot exclude, to the greater of:
- resupplying the products which are the subject of the breach;
- paying the cost of having the products which are the subject of the breach resupplied; or
- repayment of all monies you have paid to us for the products which are the subject of the breach.
In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for damages, whether in an action in contract or tort (including negligence).
You acknowledge that the limitations of liability of Slimtone in the provisions of these Terms & Conditions and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have supplied the products. Our pricing of the products reflects this allocation of risk and the limitation of liability specified herein.
You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from your improper use of this website or our products, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
You agree that the waivers, releases, discharges and indemnities contained in these Terms & Conditions shall operate in favour of Slimtone (including its officers, employees and agents) and its Affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.
You acknowledge and agree that these Terms & Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against Slimtone (including its officers, employees and agents) and its Affiliates arising out of or as a consequence of your participation in an eating plan, use of your own equipment, or in any activity incidental to an eating plan.
- Governing Law and Choice of Forum
Residents of the United Kingdom
If you are a resident of the United Kingdom, these Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms & Conditions or your use of this website.
Residents of Ireland
If you are resident of Ireland (excluding Northern Ireland), these Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of Ireland, without giving effect to any principles of conflicts of law. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms & Conditions or your use of this website.
- Miscellaneous Terms
- Recovery of Legal Expenses
In any action against us arising from the use of this website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer’s fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
- Entire Agreement
These Terms & Conditions, together with other documents incorporated by reference (including, but not limited to, contest and survey rules from time to time), are the entire agreement between you and us relating to the subject matter herein.
- Modification of Terms
These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this website, or by written agreement between you and Slimtone. Each time you access this website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
- No waiver
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under these Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.