Terms and Agreement (Subscription Agreement)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR PAID SERVICES AND OFFERINGS CAREFULLY.
By using our Website and/or one of the online paid services or offerings (collectively, the "Paid Services") you agree to the terms and conditions set forth in this Subscription Agreement (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove provisions to and from this Agreement in accordance with paragraph 2 of this Agreement. You should check this Agreement periodically for changes. By using the Website and/or one of the Paid Services after such changes have taken effect in accordance with paragraph 2 of this Agreement, you agree to accept those changes whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Website and/or the Paid Services and you should arrange to cancel your community user account or subscription with us, as applicable, by notifying Website Customer Service in writing in accordance with the provisions of this Agreement.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by NigglyNoo Ltd (PCOS Diet Support) including, without limitation, this website and any other United Kingdom website that we may own or operate currently or in the future (collectively, the "Website"), and all of the Paid Services that are offered to you through the Website by NigglyNoo Ltd currently or in the future.
2. Your Use of the Website and Our Paid Services
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon, and the Paid Services that you have subscribed to and in respect of which you have paid the applicable fees and charges, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a community user of, or subscriber to, the Website and/or PCOS Diet Support’s Paid Services. You understand that only you may use your user account and password, and that your subscription to the Paid Services is only valid for your own personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all fees and charges in respect of usage or activity of our Paid Services subscribed to by you.
By using the Website and/or PCOS Diet Support’s Paid Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof) and/or PCOS Diet Support’s Paid Services.
We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of subscriptions for PCOS Diet Support’s Paid Services. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.PCOSDietSupport.com. Any new or amended version of this Agreement will take effect, and will govern all use of the Website and any of PCOS Diet Support’s Paid Services you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website and/or any of PCOS Diet Support’s Paid Services be governed by the new or amended version of this Agreement, you should notify us in writing (e-mail will suffice) and from the date when the new version takes effect, you must cease to use the Website and any Paid Services you have subscribed to.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or PCOS Diet Support’s Paid Services, including, but not limited to, (i) restricting the time the Website and/or a Paid Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website and/or PCOS Diet Support’s Paid Services. You agree that any termination or cancellation of your access to, or use of, the Website or PCOS Diet Support’s Paid Services may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or PCOS Diet Support’s Paid Services Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites and/or PCOS Diet Support’s Paid Services
3. Charges and Fees for Paid Services
Certain portions, components, content and features of the Website are only available to individuals who purchase a subscription to one of PCOS Diet Support’s Paid Services. As a subscriber to one of PCOS Diet Support’s Paid Services, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on the Website (such as the recurring Monthly Fee), applicable taxes, and other charges and fees incurred in order to PCOS Diet Support’s Paid Services. As stated in paragraph 1 of this Agreement, we reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website hosted at www.pcosdietsupport.com or such other means as we may deem appropriate from time to time (including electronic mail)
If you have subscribed for PCOS Diet Support’s Paid Services, your credit card or other account will automatically be charged at the start of the standard billing period and at the start of each renewal period, unless you terminate or cancel your subscription in accordance with paragraph 4 of this Agreement before the relevant renewal period begins. Each time you use our Paid Services you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your credit card or account, PCOS Diet Support reserves the right to terminate immediately your access to the Paid Services.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and PCOS Diet Support’s Paid Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Paid services.
C. For purposes of your use of the Paid Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Paid Services ("Subscription Data"), including your legal name, address, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us, to keep it accurate and current.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of PCOS Diet Support’s Paid Services for which you have subscribed and/or use of those areas of the Website that may be accessed by community users until seventy two (72) hours after you have notified Website Customer Service in writing of such breach of security. If your credit card expires, is cancelled, lost or is subject to use without your authorization, you agree to promptly notify Website Customer Service in writing. You are entirely responsible for any and all activities that occur through your user account.
4. Termination or Cancellation of Subscription
In accordance with Consumer Contracts Regulations you can cancel your subscription to the Paid Services within 14 days of the day after you purchase your subscription to the Paid Services and obtain a full refund. This applies to the Monthly Membership subscription service.
You may apply for a full refund within 30 days after you purchase From The Inside Out Course and obtain a full refund.
In addition to your cancellation rights under the Consumer Contracts Regulations, either you or PCOS Diet Support may terminate or cancel your subscription to the Paid Services at any time. Upon cancellation or termination of your subscription to our Paid Services, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Website (or part thereof) and/or our paid Services, except as we may otherwise provide from time to tim
You can cancel your subscription to one of PCOS Diet Support’s Paid Services by notice in writing (email will suffice) to Website Customer Service or alternatively go to www.pcosdietsupport.com, select “Contact Us” at the bottom of the page. Your cancellation or termination will take effect within seventy two (72) hours after receipt by Website Customer Service of your cancellation notice. We will attempt to process all cancellation requests within seventy two (72) hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact Website Customer Service to have the charges reversed. If you use PCOS Diet Support’s Paid Services during that next period, you will not be entitled to a refund. PCOS Diet Support reserves the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
5. Health Disclaimer
The Website and PCOS Diet Support’s Paid Services provide diet advice and meal plans and content published over the Internet and are intended only to assist users in managing their PCOS symptoms naturally. We are not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Website or any PCOS Diet Support’s Paid Services should be construed as advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
6. Automatically Become a Community User
As a subscriber to one of the Paid Services, you automatically become a community user of the Website, which provides you with access to certain products, offerings, features, or resources of the Website such as the ability to post messages on one of the Community Areas (such feature is not available to those who are not community users) or use the "Community Profile" feature of our Website. A "Community Area" means any blog, personal page, group page, Chat room, Message Board, bulletin board, recipe swap, or similar activity where you can communicate with other users of the Website or post your own Content. If you cancel your subscription to the Paid Services, your access the to the community will also be withdrawn.
7. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as described below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our Affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website.
You agree not to use the Website (including any Community Areas) to:
a) Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b) Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c) Impersonate any person or entity, including, but not limited to, any user of this Website, a director, officer, employee, shareholder, agent or representative of PCOS Diet Support, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with PCOS Diet Support or any other person or entity;
d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website;
e) Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
h) Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area (or other portion of the Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
j) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k) Intentionally or unintentionally violate any applicable laws and/or regulations;
l) “Stalk" or otherwise harass another user of the Website and/or any employee of PCOS Diet Support;
m) Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party; and/or.
n) Access or attempt to access another user’s account without his or her consent.
Your privilege to use the Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or this Subscription Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
The Website and the Paid Services are not for use by children and are not directed to children. The Website and the Paid Services are for use and access by individuals who are eighteen (18) years or older. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO PCOS DIET SUPPORT'S PAID SERVICES AND/OR USE THE WEBSITE.
This Agreement applies only to the Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
10. Third Party Products and Services
You may order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
11. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERING, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, PCOS DIET SUPPORT’S PAID SERVICES) ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY.
NEITHER US, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE, THE PAID SERVICES OR ANY FUNCTION CONTAINED IN THE WEBSITE OR PAID SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, PAID SERVICES OR THE SERVERS THAT MAKE THE WEBSITE AND THE PAID SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PAID SERVICES) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PAID SERVICES).
NEITHER US NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PAID SERVICES) IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, PAID SERVICES); (B) THE USE OF ANY CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PAID SERVICES) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PAID SERVICES); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PAID SERVICES); (F) EVENT REASONABLY BEYOND OUR CONTROL; AND/OR (G) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF PCOS DIET SUPPORT, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR USING ANY PAID SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE PAID SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF USE OF SUCH PAID SERVICES AND TERMINATION/CANCELLATION OF YOUR SUBSCRIPTION IN RESPECT THEREOF. THESE EXCLUSIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) (together, the "Damages") arising from your improper use of the Website or offerings (including, without limitation, the Paid Services), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Paid Services for which you have subscribed, of any intellectual property or other right of any person or entity.
14. How to contact us
The Website is operated by, and the Paid Services are provided by, NigglyNoo Limited. NigglyNoo Limited is a company incorporated in England and Wales (Company Registration No.: 6434535) and its registered office is at:
50 Cutlers Place
Last Modified September 2013