UK Diet Club Terms and Conditions

These Terms and Conditions govern your use of National Magazines UK Diet Club site (the UK Diet Club 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 UK Diet Club site. The UK Diet Club site is delivered by Tesco pursuant to an agreement with National Magazines.

THE NATIONAL MAGAZINE COMPANY LIMITED a company incorporated in England whose registered number is 112955 and whose registered office is located at 72 Broadwick Street London W1F 9EP (“NATIONAL MAGAZINES”), its subsidiary companies and joint venture entities including without limitation NatMag – Rodale Limited, Handbag.com Limited, ACP - NatMag and NetDoctor Limited;

1. Use of the UK Diet Club site

   You will be able to access some areas of the UK Diet Club site without registering as a member. However, by accessing any part of the UK Diet Club site you agree to be bound by these Terms and Conditions.

   THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2. 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 UK Diet Club site. If you continue to use the UK Diet Club site after the date on which any changes come into effect, your use of the UK Diet Club 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 UK Diet Club site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation).

3. Membership

   To register as a member of the UK Diet Club 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 UK Diet Club 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 UK Diet Club site, membership is automatically renewed after the Initial Membership Term and monthly thereafter.

   Members automatically receive a complimentary subscription to our weekly newsletter containing nutritional, fitness and other related information.

4. Payment

   You can pay membership fees by any Mastercard or Visa credit card, or Visa Electron or Delta debit cards. Your credit/debit card details can be entered on the UK Diet Club site. The details will be encrypted to minimise the possibility of unauthorised access or disclosure.

   At the time of registration, your credit/debit card will be charged for 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 Initial Membership Term ends and finishes on the day before that calendar date the following month.

5. Password and security

   If you register to become a member of the UK Diet Club 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 UK Diet Club site, we may require you to change your password or we may suspend your membership in accordance with paragraph 10 below.

6. Excluded services

   The services provided by the UK Diet Club site do not include the provision of computer or other necessary equipment to access the UK Diet Club site. To use the UK Diet Club 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.

7. Intellectual property

   The content of the UK Diet Club site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the UK Diet Club 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 UK Diet Club site without written permission from Tesco.

   No licence is granted to you in these Terms and Conditions to use any trade mark of National Magazines or Tesco or its affiliated companies including, without limitation, the trade marks TESCO, UK Diet Club, NATIONAL MAGAZINES, TESCO DIETS,TESCO.COM and TESCO CLUBCARD.

8. Your use of the UK Diet Club site

   The UK Diet Club site provides message boards that allow interaction between users. You may not use the UK Diet Club 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 UK Diet Club 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 UK Diet Club site or to remove material already posted on the UK Diet Club 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 UK Diet Club 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 UK Diet Club 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 UK Diet Club 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.

9. Availability of the UK Diet Club site

   Although the UK Diet Club site aims to offer you the best service possible, we make no promise that the services at the UK Diet Club 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 UK Diet Club 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.

10. Suspension and cancellation of membership

    Tesco may suspend or cancel your membership immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. We do not suspend or cancel members’ accounts, without prior notification to the member.

    You can cancel your membership at any time. If you cancel your membership within 7 days of joining the UK Diet Club site you can get your money back, less the equivalent of two weeks payment. Tesco will keep this payment as the fee for having already created your personal diet plan and because, by requesting membership, you are agreeing that we will make the members’ services on the UK Diet Club site available to you immediately. After 7 days the charge for the Initial Membership Term is non-refundable.

    If you cancel after the Initial Membership Term, cancellation will take effect from the starting date of your next membership month. You will not be entitled to a refund for any monthly membership fee already paid.

    Membership can be cancelled by signing into the Members login section of the UK Diet Club site, or by contacting Customer Services via email, (see details below), and giving them your first name, last name and user id and informing them of your intention to cancel.

    Cancelling your UK Diet Club account

    You are free to set your account to cancel at any time during your membership.

    • To set your account to cancel, please log into the site.
    • Select the “Help” option from the top navigation.
    • Select the “My Account” link and the cancel option is situated on this page.
    • Cancellation requests can also be accepted by emailing our Customer Services at help@ukdietclub.com. Please provide your first name, last name and user ID.
    
    

    Only requests received via the methods outlined above will be considered. For your own records, we advise you to keep a copy of any request sent.

    In addition, in circumstances where our relationship with National Magazines comes to an end we may no longer be able to provide you with access to the UK Diet Club site; in such circumstances we will transfer your membership to our proprietary site wwww.tescodiets.com unless you inform us that you wish to cancel your membership (if the UK Diet Club site is unavailable we would request that you notify us of your request to cancel by emailing Customer Services as set out in (4) above).

    The suspension or cancellation of your membership and your right to use the UK Diet Club site shall not affect either party's rights or liabilities.

    Paragraphs 8, 9, 12 and 13 of these Terms and Conditions shall survive cancellation.

11. Health - caution in use of the site

    The UK Diet Club 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 UK Diet Club site does not constitute advice tailored to an individual’s specific requirements.

12. Tesco's liability

    Although Tesco will use reasonable skill and care in providing the UK Diet Club site, it gives no other warranties or guarantees in relation to the UK Diet Club site. You must bear the risks associated with the use of the Internet.

    The UK Diet Club site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the UK Diet Club 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 UK Diet Club site. If Tesco is informed of any inaccuracies in the material on the UK Diet Club 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:

    • incompatibility of the UK Diet Club site with any of your equipment, software or telecommunications links;
    • technical problems including errors or interruptions of the UK Diet Club site;
    • unsuitability, unreliability or inaccuracy of the UK Diet Club site;
    • inadequacy of the UK Diet Club site to meet your requirements.
    
    

    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 UK Diet Club site or the services provided through the UK Diet Club 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 National Magazines. To the extent that you do seek redress from National Magazines you agree that, to the extent permitted by law, National Magazines 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.

13. Third party websites

    As a convenience to users, the UK Diet Club 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 UK Diet Club site (which includes any National Magazines related link).

14. Advertising and sponsorship

    Part of the UK Diet Club site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the UK Diet Club 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.

15. 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.

16. International use

    Tesco makes no promise that materials on the UK Diet Club site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland, and accessing the UK Diet Club 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.

17. 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 effec

    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 National Magazines, 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.

18. National Magazines and third party information

    From time to time National Magazines and third parties carefully selected by National Magazines 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 National Magazines (who may in turn pass such information to the third parties referred to above) in order for you to receive information from National Magazines and third parties in relation to such services and products.

    If you wish to stop receiving information from National Magazines and/or other third parties please let us know by contacting Customer Services (details below).

19. 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 UK Diet Club 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@ukdietclub.com