This Registered User Agreement (“Agreement”) sets out the terms and conditions upon which Slimage (or “we” or “our” or “us”) agrees to provide you with certain weight loss and health-related programmes, services and materials.
If you accept these terms and conditions please click on “I Accept” on the registration form. If you do not accept these terms and conditions you will have no right to receive any services from us or use any of our on-line member areas.
1. Using our website and via email, we provide:
a. a weight-loss programme, which provides educational and motivational content, as well as a weekly monitoring system to help users achieve a more healthy weight ("Programme");
b. an on-line user forums, that allow users to provide input or feedback on weight-loss issues; and
c. other associated services from time to time.
2. The Services are only available to, and may only be used by, individuals who can form legally binding contracts and are above the age of 18.
3. Slimage may decline to register you as a user of the Services for any reason and we are not obliged to state a reason.
4. Once you have joined the Programme we will provide you with a series of consultations over the period of the Programme. These consultations will contain information about weight loss. We will custom-make our advice to you based on the food preferences, gender, age, body composition monitor information and health issue identified by you when you subscribe.
5. Slimage will deliver each consultation to you on an automated basis, which is driven by your submissions during the Programme. We will deliver them to you by email to the email address you notify to us and through the login area of the Slimage website. It is your responsibility to ensure that we have your correct email address. We are not responsible if the email address you notify to us is wrong, is no longer in use or is unable to be accessed by you. We are also not responsible if your computer system blocks our emails.
6. As part of each consultation you will need to take monitor readings on a weekly basis and enter the results that we will make available to you on our website. Depending on your entry, we may send to you updated information.
7. You acknowledge that the success of any Programme depends upon your following our recommendations, submitting correct information to us, and remaining motivated and committed. You also acknowledge that we cannot guarantee the results of any Programme.
8. The fee for the programme shall be as under:
a) One Month:_____ b) Three Months:____ c) Six Months:_____ d) Yearly:________
It is agreed and understood that 100% fee shall be paid in advance and shall be the condition precedent for the start of programme. The programme will start immediately upon receipt of the fee which shall not be refunded under any given circumstances.
It is further agreed and understood that the programme shall be renewed automatically for the same duration as was previously subscribed.
CANCELLATION OF PROGRAMME:
9. You may cancel a Programme only by writing an email at -_____________ We will not be able to accept any cancellation request until you have given us your name, address and email address.
SUSPENSION OF PROGRAMME:
10. It is clearly agreed and understood between the Parties that subscription fee paid is non-refundable and in case of cancellation, Slimage will be under no obligation to refund or return to you any of the fees paid by you.
Can we suspend the programme for any duration?
11. Slimage provide a Members Area that registered users are invited to access once they have completed the initial programme. There is a blog area that allows registered users to submit content and information about weight loss, health issues and well-being, and discuss weight loss, health and well-being issues with other registered users.
12. For any information or other content that you submit to us or upload on to our website as part of the Members Area, you expressly undertake and warrant that: a.
it does not contain anything that: i. is misleading or deceptive, is likely to mislead or deceive, or otherwise breaches any legislation in India or elsewhere; ii. is or is likely to be defamatory, offensive, obscene, indecent, unlawful, illegal or objectionable; iii. infringes any copyright or other intellectual property rights of any person in relation to the content of the Members Area or the software used to upload the Members Area to our website; or iv. breaches any provision of any statute, regulation, by-law or other legal obligation; and b. Slimage publication or use of any Members Area information submitted or uploaded by any person will not give rise to any liability on our part or in a claim being made against us.
13. Slimage reserve the right at any time to refuse to publish, or to withdraw, any part of your Members Area Information from publication on our website for any reason whatsoever.
14. You grant to us a perpetual, irrevocable, royalty-free, transferable and sub-licensable license to:
a) publish your Members Area Information on our website; b) provide your Members Area Information to users of our website. c) reproduce your Members Area Information in any print, digital or electronic advertising media we offer now or may offer in the future; and d) permit users of our website to use your Members Area Information for their own personal or internal business purposes.
USE OF CONSULTATION INFORMATION:
15.As part of your consultations you will from time to time provide us with information about your weight and body composition, your health and your performance under the Programme. You grant to us a perpetual, irrevocable, royalty-free, transferable and sub-licensable license to:
a) publish your consultation information on our website; b) provide your Consultation information to, users of our website or any other person requesting information from us; c) reproduce your consultation information in any print, digital or electronic advertising media we offer now or may offer in the future; and d) permit users of our website to use your consultation information for their own personal or internal business purposes.
16. You agree to at all times indemnify us and our directors, employees, agents and other personnel against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our directors, employees, agents and other personnel arising out of or in connection with your Members Area information or your breach of this Agreement.
INTELLECTUAL PROPERTY RIGHTS:
17. You acknowledge and agree that all intellectual property rights in our website, are owned by us. You may print copies of any materials we provide to you for your own personal health and weight-loss purposes, but you may not otherwise in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of our program or website, or commercialize or on-sell any information obtained from us or our website.
18. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time to enable us to provide the Services.
19. You agree not to:
a) impersonate another person, business, association or other entity; b) use a false name or a name you are not authorized to use; c) create a false identity or provide a false address or email address; or d) misleading as to the identity or origin of any communications.
20. You are responsible for keeping your login information, including your log-in ID and password, secret and secure. You agree not to permit any other person to use your log-in information or to access your subscription to the Programme and not to disclose (directly or indirectly) any information that may allow a third person to gain access to your subscription.
24. Slimage may amend this Agreement from time to time. Notice of any such amendments will be announced on our website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.
25. Your continued use of the Services will constitute your acceptance of any changes or revisions to this Agreement.
DISCLAIMERS AND LIABILITY:
26. Slimage advice is based on evidence based information. However, you acknowledge that medical and scientific knowledge of weight loss and health issues is always changing and that, for this reason, we cannot be held responsible for the results of any Programme. In particular:
a) we give no warranty or representation, express or implied, that the Slimage advice is or will continue to be medically sound or that it will have positive results;
b) we do not offer medical advice. If you want medical advice on the Slimage recommendations you should consult your physician;
c) you acknowledge that you should not undertake Slimage advice without seeking medical advice.
d) you acknowledge that we will not be responsible for any consequences or adverse results arising from your following the advice, and that you use the slimage advice and any other Services we offer at your own risk.
27. You agree that we will not be responsible to you for any matter arising as a result of your providing us with incorrect, inaccurate or out of date information.
28. If you breach any terms of this Agreement or the Website Terms and Conditions of Use, we may:
a) cancel your subscription;
b) cancel your registration to our website and terminate this Agreement; and/or
c) pursue any legal actions or remedies available to us against you.
It is agreed that in such cancellation as mentioned above, no fee shall be refunded by Slimage.
29. Slimage’s failure or delay in the exercise of any right or remedy we may have under this Agreement will not be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
31. If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will remain otherwise in full force and effect apart from such provisions, which will be deemed deleted.
32. This Agreement will be governed and shall be subject to exclusive jurisdiction of the Courts at New Delhi and you agree to submit to the jurisdiction of the courts at New Delhi.