1. User terms
Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by LivSmarter Limited (“LivSmarter”, “we” or “us”) including, without limitation, this website (www.livsmarter.co.uk) and any other website that we may own or operate currently or in the future (collectively, the "Website"). This Agreement also applies to all of the Products (including subscription services) that are offered to you through the Website by LivSmarter Ltd currently or in the future.
These User Terms form a binding contract between you and LivSmarter. By using this Website, you therefore confirm that you are 18 years old or more.
Please read these User Terms carefully before using the Website. By using the Website, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Website, including but not limited to the web, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Website and navigate away from it.
This Website and this Agreement are specifically directed to residents of the United Kingdom and the Website is for use only by residents of the United Kingdom.
2. Information about Us
This website is operated by LivSmarter Ltd, a Limited Liability Company, registered in England and Wales under company No. 07204804. Our registered office address is at BBIC, Innovation Way, Barnsley, South Yorkshire, S75 1JL
3. Membership and Your Use of the LivSmarter Site
You will be able to access some areas of the LivSmarter Site without registering as a member. However, by accessing any part of the LivSmarter Site you agree to be bound by these Terms and Conditions. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
Unless specified otherwise, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided within for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement.
Some services on the Website may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree
- (a) that your account details are personal to you and you shall not disclose your account details to any third party;
- (b) that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure; and
- (c) that you will not create an account using false information or impersonate another person when registering for a service on the Website.
- (d) That you will be responsible for all activities that occur under your password
We may cancel your account at any time if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
4. LivSmarter - Paying for Membership
You can pay membership fees by credit card or debit card. A list of accepted cards is provided at registration. Your card details will be taken at the time of registration and for your first payment you will receive the Livsmarter Starter Kit. Your payment details will be encrypted to keep them as secure as possible. Upon registration, you will be allowed a 14 day grace period within which you will be allowed full usage of the site free of charge. After the initial 14 day grace period, you will be charged a membership fee on the 15th day, with recurring payments taken on the same date each month. Members who sign up for the Livsmarter Saver option will be billed annually, again on the 15th day following the 14 day grace period. Payments continue until your membership is cancelled (for cancellation details see the section below). After the first membership payment is taken, you will be sent a welcome pack containing a selection of LivSmarter products; this will only apply to UK-based members and no welcome packs will be sent out to non UK addresses. All prices shown on sign-up are inclusive of any VAT payable. Any alterations in the membership price will take effect in your next membership month following notification. Membership begins on the date of registration. Unless specified otherwise on the Livsmarter Site, standard membership is automatically renewed after the initial membership period and will be renewed on a monthly basis thereafter.
5. Cancellation of Membership and Refund Entitlement
Livsmarter is a subscription service and your account will renew monthly (or annually for Livsmarter Saver members) after your registration unless you set it to cancel. When you are ready to move on from your Livsmarter membership you may cancel your membership quickly and easily by clicking the Cancel Subscription button on the My Account page of the LivSmarter website prior to midnight (UK Time) the day before the your recurring payment is due.
If you choose to cancel your account after the end of the 14 day free grace period, and after the first monthly payment is taken, we will set your account to cancel at the end of the first paid month and no further payments will be taken. The service is only offered on a full-monthly basis, and as such no refunds for part of a month will be offered.
For members on the yearly Livsmarter Saver option, if you cancel your subscription at any time after the first 14 day free grace period then no refund can be made for unused subscription periods unless you are legally entitled to a refund because we have not complied with our obligations to you. Your membership however will be automatically cancelled at the 12-month point and no further payments will be taken.
6. Amendments to these Terms and Conditions and to the Website
LivSmarter reserves the right to vary the User Terms from time to time. Such changes may include, without limitation, changing any charges and/or fees payable in respect of subscriptions for livsmarter.co.uk’s products.
Please check the User Terms regularly as your continued use of the Website following LivSmarter's posting of the amended User Terms will be regarded by us as your acceptance of such amended User Terms. You should regularly review these User Terms to keep up to date with any changes.
7. What Services are not Included
To use the LivSmarter Site you will require a connection to the internet and appropriate telecommunication links. You will also require a computer. The services provided by the LivSmarter Site do not include the provision of the computer or other necessary equipment to access the Website. The LivSmarter site is optimised to work with a range of web browsers however we cannot be responsible for any technical limitations or restrictions imposed when using particular web browsers or specific versions of those browsers. LivSmarter cannot be responsible for non-delivery of emails and encourage all members to ensure our email address is added to their inbox address list.
8. Intellectual Property
You acknowledge that the Website contains a range of information and images (photos, video, text, graphics etc) and includes software, sounds, comments, suggestions, recipes, advice and other materials that are the property of LivSmarter Limited (collectively referred to as “Material”). The material within the LivSmarter Site is protected by copyright, trademarks, database and other intellectual property rights.
You are entitled to access and print the Material for your own personal private and non-commercial use only, provided that you do NOT:
- (i) download or print any Material in a systematic or regular manner so as to create a database (electronic or paper form);
- (ii) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;
- (iii) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material; or
- (iv) lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without our prior written consent.
Our status (and that of any identified third party contributor or rights holder) as the author of the Material must always be acknowledged
If you print off or otherwise copy any part of the Website or Material in breach of these User Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Material you have made.
9. Your (Safe and Responsible) Use of the LivSmarter Site
The LivSmarter Site provides message boards, forums and chat rooms (collectively ‘message boards’) that allow interaction between users. These message boards are provided for the benefit of all users. LivSmarter 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 may NOT use the LivSmarter Site, including the message boards, for any of the following purposes:
- a. Spreading any material that is unlawful, abusive, threatening, harmful, vulgar, obscene or objectionable;
- b. Sending any material that encourages a criminal offence, results in a civil liability or breaches any laws, regulations or codes of practice;
- c. Sending ‘spam’, junk mail, chain letters or advertising/promoting goods and services;
- d. Accessing other computer systems without authorisation;
- e. Interfering with another person’s use or enjoyment of the LivSmarter Site;
- f. Sending or storing copies of materials protected by copyright without the permission of the owner.
- g. Using or transmitting any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the website.
- h. Doing anything that imposes an unreasonable or disproportionately large load on the Website's infrastructure
- i. Doing anything that may Interfere with or disrupt the Website and/or any of its services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
- j. Collecting or storing personal data about other users of the Website whether or not for commercial purpose without their consent. This includes the posting of phone numbers, addresses or any other private information without the express permission of that individual.
You will be responsible for any third party claims, fines or penalties resulting from any of the above.
By submitting material you are granting LivSmarter a perpetual, worldwide, royalty-free, non-exclusive licence to use the material in any format and on any media. Such use may include reproduction, modification, translation, distribution or sub-licensing the material in whole or in part and in any form.
LivSmarter reserves the right to refuse to post material, or to remove material already posted, on the Livsmarter.co.uk Site.
10. Availability of the LivSmarter Site
LivSmarter will always endeavour to provide you with the best service we possibly can. However we cannot promise that the services we provide will meet your requirements. We also cannot guarantee that the LivSmarter 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. During certain periods it may be necessary to restrict your access to the LivSmarter Site to enable repairs or maintenance to be conducted. LivSmarter will attempt to restore the service as soon as it can.
11. Health Disclaimer
LivSmarter provides weight loss management and information intended to assist users in their personal weight loss efforts. We are not a medical organisation and LivSmarter strongly recommends that you should seek medical advice before starting any weight loss, exercise or nutritional programme. The information on the LivSmarter Site does not offer medical advice or act as a substitute for medical treatment. You should not use the LivSmarter Site if you are underweight, under 18 or have any medical condition which affects your dietary needs. Although designed for men, the LivSmarter programme contains information on healthy eating and living that may also be beneficial for females. If you are female you should not use this site if pregnant or breastfeeding. The LivSmarter 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 LivSmarter Site does not constitute advice tailored to an individual's specific requirements.
12. LivSmarter's Liability
LivSmarter does not limit its liability for (i) death or personal injury to the extent only that it arises as a result of the negligence of LivSmarter, its employees, or LivSmarter contractors (ii) fraudulent misrepresentation and (iii) any other liability that we are not permitted to limit or exclude under applicable law. The remainder of this section shall not apply to such liability.
You acknowledge that LivSmarter, its directors, contractors, agents and employees shall not be liable to you in contract, tort, or otherwise for: any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss that may result to you or a third party arising from your use of the Website (unless expressly set out otherwise in these User Terms).
You further acknowledge that LivSmarter gives no warranties of any kind in relation to the Website or the Material, and the Website is made available to you on an ‘as is’ basis. These User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. LivSmarter does not accept any liability for links on the Website to third party sites. If you decide to access linked third party sites you do so at your own risk.
To the extent that LivSmarter is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Website, LivSmarter's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
13. 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.
The Website and its Products are not for use by children and are not directed at children. The Website and Products are for use and access only by individuals who are eighteen (18) years or older.
For the purposes of these User Terms together with any other specific terms published on the Website, LivSmarter shall mean LivSmarter Limited and/or any LivSmarter group company (meaning a LivSmarter subsidiary or holding company, or a subsidiary of that holding company all as defined by section 1159 of the Companies Act 2006 ("LivSmarter Group Company").
These User Terms form the entire agreement between you and LivSmarter and supersede any other oral or written communications, agreements or representations with respect to your use of the Website.
Nothing in these User Terms affects your statutory rights as a consumer.
If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
You acknowledge that LivSmarter has entered into these User Terms for its own benefit and for the benefit of each LivSmarter Group Company and these User Terms are intended to be enforceable by each LivSmarter Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
Other than a LivSmarter Group Company, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Nothing in these User Terms shall be construed as creating a partnership, joint venture or agency relationship between you and LivSmarter. If LivSmarter or any contractor of LivSmarter is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of LivSmarter or the LivSmarter contractor, neither LivSmarter nor any LivSmarter contractor will have any liability for that failure to perform.
No waiver by LivSmarter of a breach of any provision of these User Terms shall be considered to be a waiver of any prior or subsequent breach of the same or any other provisions and no waiver shall be implied by LivSmarter taking or failing to take any other action.
Your use of the Internet is solely at your risk and subject to all applicable laws, and LivSmarter has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
Unless otherwise specified on the Website, the Material available on the Website is directed solely at those who access the Website from the United Kingdom. LivSmarter makes no representation that any Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Website from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
These User Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these User Terms (including non-contractual disputes or claims), although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.