TERMS AND CONDITIONS OF WEB SITE USE AND DISCLAIMERS
IMPORTANT LEGAL NOTICE
ATTENTION: THESE TERMS AND CONDITIONS (“THESE CONDITIONS”) APPLY TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.ROSEMARYCONLEY.TV (“WEBSITE”) AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY THE ROSEMARY CONLEY GROUP LIMITED (“THE COMPANY”).
1. INTRODUCTION
1.1 The Company controls the Website from the UK and therefore does not represent that its contents will be appropriate in all jurisdictions. If you choose to access the Website from countries outside the UK you must ensure compliance with local laws. The use of the Website is subject to you accepting the following Conditions, and the copyright/trademark notice.
1.2 You will be able to access some areas of this Website without registering your details with us. However, certain areas of this Website are only open to you if you register.
1.3 By accessing any part of this Website you shall be deemed to have accepted these Conditions in full. If you do not accept these Conditions in full, you must leave this Website immediately. You also agree that we may immediately cancel your registration and de-activate your User profile and stop any further access by you of any files related to your User profile and/or parts of the Website itself.
1.4 The Company may revise this Website at any time without notice. You should check this Website from time to time to review the current Conditions and legal notices and other provisions, as they are binding on you. You agree to accept these changes, whether or not you have reviewed them. Certain provisions of these Conditions may be superseded by notices or conditions located on other pages on this Website.
1.5 The content of this Website belongs to the Company and remains our property. Use of or the embedding of our video content on other websites is acceptable with the proviso that any watermarks or associated advertising remains in place on the video content. However, the content must not be described as your own material. You are not permitted to reproduce, distribute, modify, display or otherwise use any other parts of the contents (non video content) unless expressly authorised to do so by any notice placed on this Website by the Company in which case you must comply with any conditions contained in such notice. Please refer to our Copyright/Trademark Notice.
1.6 Unless otherwise stated, the copyright and other intellectual property rights in materials which appear on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors.
2. ACCESS TO THE WEBSITE
2.1 The Company reserves the right to revise these Conditions, information, materials and notices on this Website from time to time or to temporarily or permanently discontinue this Website or any part of it from time to time without notice.
2.2 Whilst the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
2.3 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
2.4 The Company does not warrant that your use or access to this Website will be uninterrupted or error or virus free nor shall it have any liability for damage caused by hostile software which may affect or infect your computer equipment or property on account of your use or browsing on the Website or your downloading of any material.
3. VISITOR CONTENT AND CONDUCT
3.1 Personal information provided by you to the Website will be used in accordance with our Privacy Policy.
3.2 All content, information, questions, suggestions, messages, comments, ideas, notes or other materials emailed or posted to the Forums, or on other parts of the Website, whether posted voluntarily or at the Company’s request are the responsibility of the person who made the posting. The Company is not responsible for and in no way will be liable for the content of such postings.
3.3 Although the Company has guidelines as to the conduct to be complied with when posting to the Website you acknowledge that you may be exposed to postings that you may find offensive or obscene.
3.4 You are prohibited from posting or transmitting to or from this Website any material:
3.4.1 that is threatening, defamatory, harmful, obscene, indecent, harassing, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, vulgar, obscene, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
3.4.2 for which you have not obtained all necessary licences or approvals;
3.4.3 which is unsolicited or unauthorised advertising or is a form of promotional material;
3.4.4 which constitutes or encourages conduct which would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party, in the UK or any other country in the world; or
3.4.5 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.5 You may not misuse this Website (including, without limitation, by hacking).
3.6 The Company will fully co-operate with any law enforcement authorities or court orders requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 3.4 or 3.5 above.
3.7 The Company may revoke your right to use the website or any part of it if you do not comply with clause 3.4 in respect to participating in the Forums and video comments or posting any other material to the Website.
3.8 The Company reserves the right to remove any posting or comment on the Website for any reason at any time.
4. LINKS TO AND FROM OTHER WEBSITES
4.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party Websites and does not control and is not responsible for these Websites or their contents. The Company therefore does not endorse or make any representations about them, or any material found there, or any results which may be obtained from using them. If you decide to access any of the third party Websites linked to this Website, you do so entirely at your own risk.
4.2 If you would like to link to this Website you may only do so on the basis that you link to, but do not replicate, the home page of this Website and subject to the following conditions:
4.2.1 you do not remove distort or otherwise alter the size or appearance of the Rosemary Conley Logo and/or trademarks;
4.2.2 you do not create a frame or any other browser or border environment around this Website;
4.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
4.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
4.2.5 you do not otherwise use any Rosemary Conley trademarks displayed on this Website without the express written permission from the Company;
4.2.6 you do not link from a website which is not owned by you; and
4.2.7 your website does not contain content which is distasteful offensive or controversial, infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations; and
4.2.8 you are not a competitor of the Company.
4.3 The Company expressly reserves the right to revoke the rights granted in paragraph 4.2 above for any reason including (without limitation) for breach of these terms and to take any action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 4.2 above.
5. YOUR REGISTRATION RIGHTS
5.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
5.2 Responsibility for the security of any passwords issued rests with you. You must notify the Company immediately in the event of any unauthorised use of your user account or any other known or suspected breach of security including but not limited to loss, theft or unauthorised disclosure of your or a third party’s password. For the avoidance of doubt, you are entirely responsible for any and all activities which occur under your user account
6. CHILDREN
6.1 This Website is not directed to individuals under 18 years.
7. DISCLAIMER
7.1 Whilst the Company endeavours to ensure the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to up-date such material.
7.2 The material on this Website is provided “as is” without any warranties of any kind. Accordingly to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice may have effect in relation to this Website.
8. HEALTH DISCLAIMER
8.1 Before starting any weight loss or reduction programme, you should make sure that you are not under weight and in any event we advise you to seek medical advice before beginning any weight loss programme.
8.2 This Website provides information on weight loss management and is intended to assist users in weight loss efforts. The Rosemary Conley Group is not a medical organisation and the Company cannot give medical advice or diagnosis. The advice and opinions given by contributors on the Website are their views and not the views of The Rosemary Conley group. We cannot be held responsible for issues arising from following such advice.
8.3 The material on this Website is intended to be used as a general guide to weight loss management. The Company does not provide medical advice or emotional support or assistance on individual cases or feedback on any information submitted or posted to the Website by you.
9. LIABILITY
9.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage which may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, loss of or damages arising from or connected in any way to business interruption) and whether in tort (including without limitation negligence, contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses which may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
9.2 Nothing in these Conditions shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. GOVERNING LAW AND JURISDICTION
10.1 These Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
11. GENERAL
11.1 If any of these Conditions are illegal, invalid or unenforceable, this shall not affect the validity or enforceability of the remaining Conditions.
11.2 These Conditions together with our Privacy Policy, Copyright/Trademark Notice and the Membership Agreement (if applicable) are the entire agreement between the Company and you relating to the subject matter herein.
11.3 These Conditions may be modified only by the Company posting changes to these Conditions, or to this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
11.4 We may assign our rights and obligations under this Agreement and our successors, assignors and licensees will be entitled to take the benefit of this Agreement.
11.5 The failure of either party to insist upon or enforce the performance of the other party in respect to any provision of these Conditions, or to exercise any right under these Conditions, will not be construed as a waiver of such rights.
11.6 Unless specifically provided in these Conditions, no third party shall have any right hereunder.
This Website is operated by The Rosemary Conley Group Ltd (a company incorporated in England Company registration number, 03101678) and its registered office is at:
The Rosemary Conley Group
Quorn House
Meeting Street
Quorn
Loughborough
Leicestershire
LE12 8EX
United Kingdom
If you have any questions, or concerns you can contact us by email at:
info@rosemaryconley.com
or by post at the above address.
Copyright and Trade Mark Notice
“ROSEMARY CONLEY” is the trademark of Rosemary Conley Diet & Fitness Clubs Limited. All copyright and other intellectual property rights in this Website and its contents (including but not limited to videos, software, photos, text, graphics, music, sounds, ideas, recipes, drawings, articles and notes) are vested in Rosemary Conley Diet & Fitness Clubs Limited or its licensors. You must not alter or delete the copyright/trademark notices. You may not copy, reproduce, publish, sell, rent, transmit or distribute or otherwise use any of the contents of this Website or any of the trademarks or logos of Rosemary Conley Diet & Fitness Clubs Limited or its licensors unless expressly authorised to do so by any notice placed by Rosemary Conley Diet & Fitness Clubs Limited on this Website.
Privacy Policy
The Rosemary Conley Group Limited is committed to ensuring that your privacy is protected. This Privacy Policy explains how we collect your personal information on this Website, how we protect such information, the choices you have concerning the use of such information and how you can instruct us if you would prefer to limit the use of that information and procedures that we have in place to safeguard your privacy. Please read this Privacy Policy carefully.
For the purposes of this Privacy Policy, “we”, “us” and “ours” means Rosemary Conley Enterprises, Rosemary Conley Diet & Fitness Clubs Limited, Rosemary Conley Licenses Limited, rosemaryconley.tv, Quorn House Media Ltd. and Quorn House Publishing Limited.
We may amend this Privacy Policy from time to time. Please refer back to this Privacy Policy regularly. By using the Website or any of our products, features, resources or services on it you agree to be bound by the terms of this Privacy Policy.
1. What type of information is collected?
We may collect information when you register on the Website or subscribe to any services or purchase any products but only if you voluntarily submit such information to us. This may include details such as your name, address, email address, telephone number, date of birth, billing details and credit card information. There is no requirement for you to provide us with such information in order to use the Website. However, if you decide to withhold certain information requested by us, you may not be able to visit all sections of the Website or use all services and/or buy products, including for example subscribing to the on-line slimming programme and purchasing products in the on-line shop.
If you decide to become a user of the Website, or subscribe to the on-line slimming programme, we may also collect information such as your age, gender and health information (for example, your current weight).
2. Who operates the Website?
The Website is operated by The Rosemary Conley Group Limited, a company incorporated in England and Wales (company registration number: 03101678) and its registered office address is at Quorn House, Meeting Street, Quorn, Loughborough, Leicestershire, LE12 8EX, United Kingdom
3. The use of cookies
Like most websites, this Website sometimes makes use of browser “cookies” which are pieces of information which a Website either transfers to your computer hard drive or stores temporarily in your computer’s memory for record keeping purposes. We use cookies in order to allow us to statistically monitor how you are using the Website. Most browers are initially set up to accept cookies. You can re-set your browser to refuse cookies or to indicate when a cookie is being sent. However, if you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Website.
How to find and control your cookies.
If you're using Netscape 6.0 or later:
On your Task Bar, click:
1. Edit, then
2. Preferences
3. Click on Advanced
4. Click on Cookies
If you're using Internet Explorer 5.0, 6.0 or 7.0 or later:
1. Choose Tools, then
2. Internet Options
3. Click the Privacy Tab
4. Click on Custom Level
5. Click on the 'Advanced' button
6. Check the 'override automatic cookie handing' box and select Accept, Block or Prompt for action as appropriate.
If you're using Netscape Communicator 4.0:
On your Task Bar, click:
1. Edit, then
2. Preferences
3. Click on Advanced
4. Set your options in the box that says Cookies.
How do you know which of the sites you've visited use cookies?
If you're using Netscape 6.0:
On your Task Bar, click:
1. Edit, then
2. Preferences
3. Click on Advanced
4. Click on Cookies
5. Click the View Cookies button
If you're using Internet Explorer 5.0, 6.0 or 7.0:
1. Choose Tools, then
2. Internet Options
3. Click the General tab
4. Click Settings
5. View Files
Netscape Communicator 4.0:
Netscape bundles all cookies into one file on your hard drive. You'll need to find the file, which it calls Cookie.txt on Windows machines.
How to see your cookie code
Just click on a cookie to open it. You'll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.
Advertisers and other third parties may use their own cookies when you click on adverts or links to their own site. This Privacy Policy does not govern the use of such third party websites or advertisers.
4. Use of information by us and disclosure of information to third parties
We use information gathered on the Website to allow us to process your registration and process any orders you may make. If you provide information to this Website, we will not sell, share or rent your personal information to third parties (save as expressly stated below), but we may use it for our own purposes in order to:
- administer and run the Website;
- fulfill orders for any goods or services, which we have agreed to supply;
- notify you of other Rosemary Conley products and services
We will not disclose any information we gather from you on the Website, but we may disclose information about you to other companies within The Rosemary Conley Group including Rosemary Conley Enterprises, Rosemary Conley Diet & Fitness Clubs Limited and Rosemary Conley Licenses Limited, Quorn House Media Limited and Quorn House Publishing Limited. Any information provided to these companies will be used by those companies only in accordance with the terms of this Privacy Policy.
We may also share your information with franchisees of Rosemary Conley Diet & Fitness Clubs Limited. Any franchisee to whom we disclose your information will be obliged to comply with the terms of this Privacy Policy.
Third party contractors may sometimes have limited access to information collected on the Website in the course of providing products or services to us, for example, hosting and maintenance of the Website, or credit card processors. This is strictly limited to information which is reasonably required by them to perform their duties. These third parties are at all times required to comply with the terms of this Privacy Policy and as such are prevented from using or disclosing any information for any purposes other than providing services to us.
We will use your information for the purposes described above, or as indicated to you when we request such information. You must “opt-in” and give us specific consent to use the information for any other purpose (for example, to allow us to send our marketing materials or electronic alerts).
In the event of a sale, merger or transfer or sale of us or any group company we reserve the right to transfer information to a third party who will be obliged to adhere to the terms of this Privacy Policy.
5. Use of the Website by children
This Website is directed to individuals who are 18 years and older.
6. Links to other sites
The Website contains links to sites not owned or operated by The Rosemary Conley Group. We are not responsible for these websites and you must read the Privacy Policies for each of these websites independently.
7. Security
The internet is not a secure medium. However, we have put in place various security procedures as set out below:
40-128bit SSL encryption of any information you enter.
Netscreen 1000 hardware firewall.
Our servers are hosted in a secure, facility managed area with 24/7 manned security.
Access to the servers is protected by strict password control policies.
All administration areas of rosemaryconley.tv are password protected.
8. Contact information
If at any time you are concerned about, or wish to enquire about information we hold about you, please contact:
Linda Parker, The Rosemary Conley Group Ltd, Quorn House, Meeting St, Quorn, Loughborough, Leicestershire LE12 8EX
or email: info@rosemaryconley.com
to obtain details of how you may do so.
BY USING THE WEBSITE YOU ACCEPT THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR ANY OF ITS TERMS YOU SHOULD NOT USE THE WEBSITE AND SHOULD CEASE TO ACCESS THE WEBSITE IMMEDIATELY.
Sales are processed through Rosemary Conley Diet & Fitness Clubs Limited which is registered for VAT purposes (VAT registration number 616627152).