TERMS & CONDITIONS
These Terms and Conditions govern your use of Healthspan’s personal nutritional analysis website (NUTRIPROFILE) and your relationship with us, known on this website as Healthspan. 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 user of NUTRIPROFILE.
NUTRIPROFILE is a website operated by Healthspan Limited, registered in Guernsey under company number 19775 and we have our registered office at Healthspan House, PO Box 425, The Grange, St. Peter Port, Guernsey, GY1 3WU. Our main trading address is Healthspan House, PO Box 425, The Grange, St. Peter Port, Guernsey, GY1 3WU.
1. Use of NUTRIPROFILE
You will be able to access some areas of NUTRIPROFILE without registering as a user. However, by accessing any part of NUTRIPROFILE and/or registering as a user 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 and any such changes will be posted here; any such changes will take effect immediately upon posting, whether you have reviewed them or not. You should periodically review them for changes, although where possible we will try to bring any changes to your attention by email and/or by putting a notice on NUTRIPROFILE. If you continue to use NUTRIPROFILE after the date on which any changes come into effect, your use of NUTRIPROFILE 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 NUTRIPROFILE.
3. Usage
To register as a user of NUTRIPROFILE you must be over nineteen 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 User Login section of NUTRIPROFILE. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. We reserve the right to refuse your application to become a registered user without giving any reason therefore. You are not required to provide all the personal information specified by us but, if you do not, then you may not be able to become a registered user and visit all sections of NUTRIPROFILE.
4. Password and Security
If you register to become a user of NUTRIPROFILE 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 immediately.
If Healthspan has reason to believe that there is likely to be a breach of security or misuse of NUTRIPROFILE, we may require you to change your password or we may suspend your usage in accordance with this paragraph. You may cease being a registered user at any time by notifying us in writing to NUTRIPROFILE, Healthspan House, PO Box 425, The Grange, St Peter Port, Guernsey GY1 3WU or by email to profile@healthspan.co.uk. If you fail to comply with any of the Terms relating to being a registered user or the other terms and conditions posted on the website, we may in our discretion revoke your registered usership.
5. Excluded Services
The services provided by NUTRIPROFILE do not include the provision of computer or other necessary equipment to access NUTRIPROFILE. To use NUTRIPROFILE you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur. If we make any software owned or operated by a third party available to you via NUTRIPROFILE, you must use this software in accordance with any terms and conditions imposed by the third party. We shall have no liability for loss or damage or liability or need for repair or servicing caused by any error or virus or hostile software that may affect or infect your computer or software as a result of your use of NUTRIPROFILE.
6. Intellectual Property
The content of NUTRIPROFILE (including without limitation content, information, software, photographs, sounds, text, graphs, forms, graphics, ideas, reports, notes and articles) is protected by copyright, trade mark rights, database rights and other intellectual property rights. You may retrieve and display the content of NUTRIPROFILE on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) and 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 NUTRIPROFILE without written permission from Healthspan. You acknowledge that you do not acquire any ownership rights by downloading any copyright Material. The consent to use and reproduce any Material does not extend to altering or deleting any copyright or trademark notices or to using any Material on this website that is identified as the copyright of a third party and authorisation to reproduce such Material must be obtained from the copyright holders concerned. No licence is granted to you in these Terms and Conditions to use any trade mark or other intellectual property rights of Healthspan or its affiliated companies.
7. Availability of the HEALTHSPAN NUTRIPROFILE
Although Healthspan aims to offer you the best service possible, Healthspan makes no promise that the operation and/or availability of NUTRIPROFILE will meet your requirements. Healthspan cannot guarantee that the availability and/or operation of NUTRIPROFILE will be fault free. If a fault occurs in the availability and/or operation of the website you should report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.
Your access to NUTRIPROFILE may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Healthspan will attempt to restore the service as soon as it reasonably can. We endeavour to ensure that NUTRIPROFILE is available for use 24 hours a day but accept no responsibility if it is unavailable at any time or for any period. We reserve the right to temporarily or permanently discontinue NUTRIPROFILE at any time.
8. Healthspan’s Liability
Although Healthspan will use reasonable skill and care in providing NUTRIPROFILE including the use of firewalls and the virus checking of documents and files before they are posted on NUTRIPROFILE, it gives no warranties or guarantees in relation to NUTRIPROFILE. You must bear the inherent risks associated with the use of the Internet and for your own protection you must use virus checking software when using NUTRIPROFILE.
NUTRIPROFILE may provide content from other Internet sites or resources or may be contained within other Internet sites, resources or content. While Healthspan tries to ensure that material included on NUTRIPROFILE is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Healthspan 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 NUTRIPROFILE. If Healthspan is informed of any inaccuracies in the material on NUTRIPROFILE we will attempt to correct the inaccuracies as soon as we reasonably can. Healthspan will not accept responsibility for content on retailer sites on which NUTRIPROFILE is available. Hypertext links to any third party websites are provided solely for your convenience, but if you use these you do so at your own risk. We have not reviewed any third party websites and are not responsible for their contents.
In particular, we accept no liability for any loss or damage caused by inaccurate, incomplete or out of date information or material to the fullest extent that such liability can be excluded by law in connection with the following:
- · incompatibility of NUTRIPROFILE with any of your equipment, software or telecommunications links;
- · technical problems including errors or interruptions of NUTRIPROFILE;
- · unsuitability, unreliability or inaccuracy of NUTRIPROFILE;
- · inadequacy of NUTRIPROFILE to meet your requirements.
Healthspan will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(i) there is no breach of a legal duty of care to you by us or by any of our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any such breach;
(iii) any increase in loss or damage resulting from breach by you of any term of this contract.
Nothing in these Terms affects any Liability for death or personal injury caused by the negligence of Healthspan or for fraud or your statutory rights as a consumer.
Healthspan warrants to you that NUTRIPROFILE will be provided using reasonable care and skill unless Healthspan is prevented by circumstances beyond its control.
We do not warrant and shall have no liability regarding information provided in this profile regarding recommendations for products or supplements for any and all health or nutrition purposes. As is clearly stated, this information is provided solely as information for you to use when discussing a medical condition or a health or nutritional regimen with your medical healthcare practitioners or qualified nutritional consultant.
9. Third Party Websites
As a convenience to Healthspan customers, NUTRIPROFILE may include links to other web sites or be contained within web sites which are beyond its control. Healthspan is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside NUTRIPROFILE (unless initially approved by Healthspan). Customers should be aware that these third party websites may also have their own terms of use.
10. Advertising and Sponsorship
Part of NUTRIPROFILE may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on NUTRIPROFILE complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
11. 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.
12. International Use
Healthspan makes no promise that materials on NUTRIPROFILE are appropriate or available for use in locations outside Great Britain [to fit in with Recommended Usage] accessing NUTRIPROFILE from territories where its contents are illegal or unlawful is prohibited. If you choose to access NUTRIPROFILE from locations outside United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. We control NUTRIPROFILE from Guernsey and we make no warranty that NUTRIPROFILE or any material or information on it or use or processing by us of personal information from you complies with any laws other than those of England. If you access NUTRIPROFILE from anywhere other than the United Kingdom you must ensure compliance with local laws.
13. 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 effect.
If you breach these Terms and Conditions and Healthspan ignores this, Healthspan 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.
Healthspan shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
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.
