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Fitness Website Terms

RESULTS WITH LUCY

TERMS OF WEBSITE USE

A. GENERAL

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.resultswithlucy.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

Our site is operated by Results With Lucy Limited (“We”). We are registered in England and Wales under company number 08545435 and have our registered office and main trading address at 7-11 Nelson Street, Southend on Sea, Essex SS1 1EH.

We are a limited company.

ACCESSING OUR SITE

The materials on our site are directed solely at consumers who access our site from the United Kingdom. We do not represent that any product referred to in our site is appropriate for use, or available, in other locations. If you choose to access our site from another location, you are responsible for complying with any relevant laws in that other location.

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.

From time to time we may restrict access to some parts of our site, or our entire site, to users who have registered with us or registered users who satisfy certain criteria eg. age. If you would like to subscribe to the restricted areas of our site, please follow the instructions to sign up.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

REFER A FRIEND TERMS

If you are a member of our site, you are entitled to sign up to our refer-a-friend scheme (the “Scheme”). To sign up, you must:

Once you have successfully registered for the Scheme, you will be able to send up to 5 referral emails per day from our site, and will also be given a unique referral code, which you can share on social networking sites.

When a new member signs up to our site using your unique referral code or directly from a referral email sent by you, we will, subject to these terms, credit your account with £6. Any credit on your account will be paid by us only once the total amount credited to your account is greater than £20. Once the credits attributed to your account exceed £20, we will pay to your PayPal account the full amount then attributed to your account within 30 days (not just the amount exceeding £20).

In the event that:

is terminated, suspended or otherwise interrupted for any reason, any credit attributed to your account will be lost, and will not count towards any future payments due from us to you.

If any individual referred to our site by you cancels their membership in circumstances where we have to refund any membership fees paid by them, any credit on your account in respect of that referral will be lost, and will not count towards any future payments due from us to you.

As a member of the Scheme, will be given access to a page on our site which details the credits attributable to your account.

There is no cap on the amount that can be earned by any member of the Scheme.

We reserve the right, in our absolute discretion, to withdraw or modify the Scheme from time to time, or to terminate any individual’s participation in the Scheme, for any reason and without liability to you.

In the event that we suspect that the Scheme is being abused by any member, we reserve the right to terminate any such member’s account on our site and/or their participation in the Scheme and/or to retrieve any payments we have previously made to that member by any means available to us.

To the extent that any VAT (or other taxation or deduction of any kind) is applicable in respect of any payment made under the scheme, the amount paid by use to you is deemed to include such VAT, tax or deduction.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the 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.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Blogs, commentaries, fitness/healthy eating guides and all other materials posted on our site are not intended to amount to advice on which reliance should be placed. Some of this material may have been provided by third parties or uploaded by registered users. We do not verify this information. 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. You should always seek to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our site.

For our healthcare products, diet plans, food supplements and other similar products or services, please carefully read the information provided on our site regarding that product or service or contact the manufacturer or third party service provider (where the service is not provided by us, for example, when we use YouTube videos on our site). We are not licensed healthcare professionals; if in any doubt, or if you are pregnant, breast-feeding, trying to get pregnant or taking any prescribed medication, please consult your medical practitioner before using any of the products or services.

Any food supplements must not be used as a substitute for a varied and balanced diet and a healthy lifestyle.

Any product to be used as an aid to slimming or weight-loss can only achieve those results if consumed as part of a properly varied, balanced and controlled diet and accompanying a healthy lifestyle.

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.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our Terms and Conditions of Sale . We assume no responsibility for the content of any websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other areas of our site, you must comply with the content standards set out in our Acceptable Use Policy.

We will review the material you provide to upload to our site, however you remain responsible for the content of such material.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We reserve the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@resultswithlucy.com.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, those links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

“Results With Lucy”™ is a trading name and trade mark of Results With Lucy Limited.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns or queries about any of the material that appears on our site, please contact info@resultswithlucy.com

Thank you for visiting our site.

 

B.     ACCEPTABLE USE OF OUR SITE 

1. PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or
regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or
effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or re-use any material which does
not comply with our content standards.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses,
Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the operation
of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of any
of the other provisions of these terms of Website Use.

• Not to sell goods or services through our site.

• Not to disclose the confidential information of a third party without their consent.

• Not to access without authority, interfere with, damage or disrupt:

− any part of our site;
− any equipment or network on which our site is stored;
− any software used in the provision of our site; or
− any equipment or network or software owned or used by any third party.

2. INTERACTIVE SERVICES

Our site provides interactive services, including, without limitation:

• Chat rooms.
• Bulletin boards.
• Video streaming/uploads.

(“interactive services”).

Where we do provide any interactive service, those services are not moderated. We will not be responsible as author, editor or public of any contribution submitted to our site (“Contribution”) and we expressly exclude our liability for any loss or damage arising from the use of our site by any person in contravention of these Terms. We reserve the right to promptly remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks
to them.

We will do our best to assess any possible risks to minors from third parties when they use our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service in light of those risks.

3. CONTENT STANDARDS

These content standards apply to any and all contributions made to our site, and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply
to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).

• Be genuinely held (where they state opinions).

• Comply with applicable law in the UK and in any country from which they are posted.

• Be relevant.

Contributions must not:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful or inflammatory.

• Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that they emanate from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

• Contain any advertising or promote any services or web links to other sites.

4. COMPLAINTS

If you wish to complain about any Contribution posted to the Board, please contact us at info@resultswithlucy.com or, if available, by clicking the “Report” link on the relevant Contribution. We will then review the Contribution and decide whether it complies with these Terms. We will deal with any Contribution which, in our opinion, violates these Terms as described below. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

5. COPYRIGHT

By submitting a Contribution to our site, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

Please also note that, in accordance with these Terms, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Board, you are warranting that you have the right to grant us the nonexclusive copyright licence described above.

If you are not in a position to grant such a licence to us, please do not submit the Contribution to our site.

6. SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.

• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

7. SUMMER BODIES COMPETITION TERMS & CONDITIONS

1. Entry into the competition constitutes acceptance to all the following terms and conditions and rules.

2. This competition is being promoted by Results With Lucy Ltd, 7-11 Nelson Street, Southend-on-Sea, Essex SS1 1EH.  Company number 08545435 (“Promoter”).

3. The prize draw is open to anybody over the age of 18, who has signed up, or renewed their subscription, for any of the Promoter’s Solo, New Beginnings, 6 Pack Abs and Wobble to Model plans at any time between 06:00 on 26th December 2014 and 23:59 on 31st March 2015 and who has:

3.1 opted to enter the competition via the Promoter’s website;

3.2 submitted “before” and “after” photographs using the timeline feature on the Promoter’s website.  The “before” photo must be submitted within 7 days of entry and the “after” photo must be submitted prior to 31st March 2015;

3.3 submitted a story related to their experience with the Promoter’s exercise plans to the “real results” area of the Promoter’s website by 31st March 2015. The story submitted must be truthful.  Any fictitious submissions or submissions that the Promoter has reason to believe are fictitious will be discarded, and the Promoter reserves the right to contact any entrant and to investigate such entrant to ensure the validity of any story.

4. For the avoidance of doubt, the competition cannot be entered otherwise than via the internet.

5. The Promoter will not be held responsible for entries that are damaged, lost, delayed or incomplete.

6. The Promoter reserves the right to amend these terms and conditions and rules at any time.

7. The prize will be a holiday for 2 [two] in the Caribbean. The holiday prize includes:

• The holiday is for two people staying six nights sharing a standard room on an all-inclusive basis at Savannah Beach, Barbados;

• The prize is non-transferable and cannot be exchanged for cash or an alternative holiday or combined with any other offer, promotions or discount;

• Travel insurance is not included and must be purchased before travel. Customers are responsible for making sure they are adequately insured;

• Prize winners are responsible for payment of any additional items not included in the prize (e.g. hotel laundry, mini bar, room service, telephone calls etc.);

• Flights cannot be upgraded and are not eligible to earn Flying Club Miles with this offer;

• For each holiday package prize, all travellers must travel at the same time on the same itinerary;

• The holiday prize is subject to availability and Virgin Holidays standard terms and booking conditions. For full booking terms and conditions please see: www.virginholidays.com;

• Once the booking is confirmed changes to the names, date or nature of the booking are not permitted;

• Virgin Holidays reserve the right to withdraw, change or cancel this competition at any time;

• Holidays are redeemable only by the named winner and must not be sold onto any other party;

• The winners may be required to participate in publicity arising from the award of a prize;

• Open to adults aged 18 years or over and must be UK residents, with a valid EU passport excluding employees and their immediate families of Virgin Holidays Limited, its agencies or anyone else professionally associated with this promotion;

• The holiday prize must be taken between 31st March 2015 and 31st Dec 2015 and excludes travel on peak dates;

• Promoter: Virgin Holidays.

8. The prize is non-transferable, non-refundable and the winning entrant is not entitled to a cash or other alternative, although the Promoter reserves the right, at its discretion, to provide a cash alternative or a prize of equal or greater value.

9. The Promoter accepts no responsibility for any failure to fulfil its obligations arising out of any circumstances outside its control.  Such circumstances shall include, but not be restricted to terrorist attack or incident, government regulation, regulatory action, accident, war, riot, natural disaster, explosion, fire, weather or strike.

10. There shall be one entry allowed per person.  The Promoter may disallow entries, refuse to award any prizes, or seek to recover any prize awarded, in the event of an entrant’s fraud, dishonesty or non-entitlement under these terms and conditions or the Promoter’s terms and conditions of sale (available at Terms of Sale applicable to any contract between that entrant and the Promoter.

11. Subject to the entry criteria listed at paragraph 3 above, the competition commences on 26th December 2014 at 00:01 and finishes on 31st March 2015 at 23.59.

12. Entries will be judged by an independent judge.  The winner will be the entrant that has submitted the most inspiring story about their experience with one of the Promoter’s fitness or dietary programmes.  The judge’s decision in the matter will be final and no correspondence in that regard will be entered into.

13. The winner will be notified by email within 14 days of the closing date for entries into the competition, and the name of the winner will be published on the Promoter’s website within the same 14 day period.  The winner will be provided with the prize within 30 days of the closing date.

14. The Promoter reserves the right to use any material submitted by an entrant in its own post-event publicity.  By entering the competition entrants agree to the publication of your material submitted for the competition on the Promoter’s website or in any other promotional material.

15. Entrants agree that by registering for this competition their personal details may be stored and otherwise processed by the Promoter and its group of companies.  The Promoter and its group of companies may use entrants’ details to communicate details of their products and services, marketing and special offers to entrants via email or post.  Please read the Promoter’s privacy policy carefully to understand how it may use entrants’ data and what entrants’ rights are. See Privacy Policy.

16. By entering the prize draw, entrants agree to participate in reasonable publicity in the event that they are the winner.  This may include use of their name, their image and publication of their winning entry in on-line publicity, in emails and through any other printed material or social media.

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