Vhi Health - Weight Loss Programme

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VHI Diets Terms and Conditions

eDiets VHI website Terms & Conditions

These Terms and Conditions govern your use of the EDiets VHI website 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 eDiets VHI Site.

These terms should be read in conjunction with the Terms and Conditions of the VHI health shop.

1. Use of the eDiets VHI Site:

You will be able to access some areas of the eDiets VHI Site without registering as a member. However, by accessing any part of the eDiets VHI 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 email and/or by putting a notice on the eDiets VHI Site. If you continue to use the eDiets VHI Site after the date on which any changes come into effect, your use of the eDiets VHI 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 eDiets VHI 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 eDiets VHI Site you must be over eighteen years of age.[1] 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 eDiets VHI 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 eDiets VHI Site, membership is automatically renewed after the Initial Membership Term and monthly thereafter.

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

4.Payment:

You can pay membership fees by any Mastercard or Visa credit card. Your credit card details can be entered on the eDiets VHI Site. The details will be encrypted to minimise the possibility of unauthorised access or disclosure. Alternatively, you can send your details to us by fax or give them to us over the telephone.

At the time of registration, your credit 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). 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.[2] 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 eDiets VHI 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 eDiets has reason to believe that there is likely to be a breach of security or misuse of the eDiets VHI Site, we may require you to change your password or we may suspend your membership in accordance with paragraph 11 below.

6.Excluded Services:

The services provided by the eDiets VHI Site do not include the provision of computer or other necessary equipment to access the eDiets VHI Site. To use the eDiets VHI 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 eDiets VHI Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the eDiets VHI 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 eDiets VHI Site without written permission from Tesco.

No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco or its affiliated companies including, without limitation, the trade marks TESCO, EDIETS VHIUK, TESCO DIETS,TESCO.COM, VHI HEALTH SHOP and VHI DIET.

8.Your Use of the eDiets VHI Site:

The eDiets VHI Site provides message boards that allow interaction between users. You may not use the eDiets VHI Site, including the message boards, for any of the following purposes:

9.Availability of the eDiets VHI Site:

Although Tesco aims to offer you the best service possible, Tesco makes no promise that the services at the eDiets VHI 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. eDiets VHI does not suspend or cancel members’ accounts, without prior notification to the member.

Your access to the eDiets VHI 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.

No cancellation option is available during the first day of membership. However, outside of this you are free to set your account to cancel at any time during your membership. All cancellation options are available in the 'My Account' section of your personal online account. Alternatively, we will accept requests to cancel via email. Cancellation will take affect from the next membership renewal date and you will not be entitled to a refund for any monthly membership fee already paid.

In addition, in circumstances where our relationship with Bauer comes to an end we may no longer be able to provide you with access to the vhidiet.ediets.ie site; in such circumstances we will transfer your membership to our proprietary site www.tescodiets.com unless you inform us that you wish to cancel your membership (if the vhidiet.ediets.ie 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 vhidiet.ediets.ie site shall not affect either party's rights or liabilities.

Cancelling Your eDiets VHI Account:

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

1. To set your account to cancel, please go to the 'My Account' section. This is located in the right-hand side menu bar of your online account.

2. The cancel option is located under the 'Account Information' section.

3. Cancellation requests can also be accepted by emailing our Customer Services at VHIbilling@ediets.ie . 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.

The suspension or cancellation of your membership and your right to use the eDiets VHI 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:

Tesco strongly recommends that you should seek medical advice before starting any weight loss or nutritional programme. The information on the eDiets VHI Site does not offer medical advice or act as a substitute for medical treatment. You should not use the eDiets VHI Site if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs.

The eDiets VHI 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 eDiets VHI 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 eDiets VHI Site, it gives no other warranties or guarantees in relation to the eDiets VHI Site. You must bear the risks associated with the use of the Internet.

The eDiets VHI Site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the eDiets VHI 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 eDiets VHI Site. If Tesco is informed of any inaccuracies in the material on the eDiets VHI 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 eDiets VHI Site with any of your equipment, software or telecommunications links;

· technical problems including errors or interruptions of the eDiets VHI Site;

· unsuitability, unreliability or inaccuracy of the eDiets VHI Site;

· inadequacy of the eDiets VHI 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.

13.Third Party Websites:

As a convenience to Tesco customers, the eDiets VHI Site includes links to other web sites which are beyond its control. Tesco is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the eDiets VHI Site (unless initially approved by eDiets VHI).

14. Advertising and Sponsorship:

Part of the eDiets VHI Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the eDiets VHI Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

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 eDiets VHI Site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland , and accessing the eDiets VHI 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 effect.

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.

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.

The eDiets VHI 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 Customer Services by email at or vhihelp@ediets.ie

By telephone –IRE 01 877 0027

By post – Ediets, Unit 5 Rooftop Offices, Clare Hall Shopping Centre, Malahide Road, Coolock, Dublin 17

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