THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH MSDIETFORWOMEN.COM WILL PROVIDE ITS ENTIRE SERVICES. THIS AGREEMENT DESCRIBES USER’S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES. USERS SHOULD READ IT CAREFULLY AND BE SURE USER UNDERSTANDS THESE TERMS AND CONDITIONS. USE OF THIS WEB SITE PAST PRESENT OR FUTURE PRODUCT OR SERVICE MEANS USER ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE PARTIES TO THIS AGREEMENT ARE MS DIET FOR WOMEN AND THE USER.
In the context of these terms and conditions, the following words shall have the following meanings:
- “MS DIET FOR WOMEN” means MS Diet For Women (msdietforwomen.com), operated and owned by Kim Venter.
- “the Website” means any website under the ownership or control of MS DIET FOR WOMEN from which a link has been created to these terms and conditions;
- “the Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website
- “User” means the individual, firm, company or organization accessing this website or making an order
2. Applicable terms and conditions
The Website is owned by MS DIET FOR WOMEN and any use made of this site (including memberships and payments made via the Website), are subject to these terms and conditions. MS DIET FOR WOMEN may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only as a resource for anyone interested in Multiple Sclerosis (MS) and is not reproduced for personal use, on any other website or for commercial gain.
3.2 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the express and prior written permission of MS DIET FOR WOMEN.
3.3 certain areas of the website are only accessible by members of MS DIET FOR WOMEN Membership site.
3.4 By accepting these terms and conditions you are agreeing for MS Diet For Women to hold the information you entered online.
4. Copyright and trade marks
4.1 Copyright in the Material is owned by MS DIET FOR WOMEN or the content suppliers. Unauthorized use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of MS DIET FOR WOMEN or the content supplier or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of MS DIET FOR WOMEN and all related product and service names, designs marks and slogans are the trade names, service marks or trademarks of MS DIET FOR WOMEN and may not be used without the prior consent of MS DIET FOR WOMEN.
4.3 All works in the nature of databases attract database rights.
5. Target audience
5.1 The information provided on the Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.
5.2 By accepting these terms and conditions you are agreeing for MS Diet For Women to hold the information you entered online.
The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation.
USERS SHOULD ALWAYS SEEK ADVICE FROM A REGISTERED MEDICAL PROFESSIONAL.
Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, MS DIET FOR WOMEN does not accept any liability to any person relating to the use of any such information.
Whilst MS DIET FOR WOMEN has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organization wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
7. Warranty and indemnity
7.1 The User warrants to MS DIET FOR WOMEN that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
7.2 The User shall indemnify MS DIET FOR WOMEN, its owners and agents harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against MS DIET FOR WOMEN, its owners and agents as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
7.3 YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. MS DIET FOR WOMEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFORMATION SUPPLIED, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MS DIET FOR WOMEN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MS DIET FOR WOMEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MS DIET FOR WOMEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
8. Limitation of liability
8.1 MS DIET FOR WOMEN hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall MS DIET FOR WOMEN be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if MS DIET FOR WOMEN has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest .
8.2 IN NO EVENT SHALL MS DIET FOR WOMEN BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AND WHEN MS DIET FOR WOMEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 This Site is controlled, operated and administered from its offices within the United Kingdom. MS DIET FOR WOMEN makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of United Kingdom export laws and regulations. If you access this Site from a location outside of the United Kingdom, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of London, United Kingdom without giving effect to its conflict of law provisions. MS DIET FOR WOMEN does not purport to offer any professional advice of any legal, financial or psychological service and information in the form of articles and information pieces in any media or format supplied on the website is offered with the understanding that MS DIET FOR WOMEN, the owners or successors of MS DIET FOR WOMEN, the web master and authors of any information or media are not engaged in rendering any legal, financial, psychological or any other professional service and is offered for information purposes only. If any legal, financial, psychological or any other professional advice or assistance is required, the services of a competent professional person should be sought. The reader is solely responsible for his/her own actions.
8.4 As a convenience to you MS DIET FOR WOMEN may provide, on this Site, links to web sites operated by other entities. If you use these sites, you will leave this site. MS DIET FOR WOMEN encourages third parties to follow appropriate privacy standards and policies, but is not responsible for the actions of those parties, the content of their web sites, or any products or services they may offer. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. MS DIET FOR WOMEN makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that MS DIET FOR WOMEN or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of MS DIET FOR WOMEN or any of its affiliates or subsidiaries.
8.5 MS DIET FOR WOMEN will not be held responsible or liable for the consequences of or the results of any activities performed by or on behalf of any of its officers, affiliates, nominees or representatives.
8.6 User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of user’s actions, at the sole discretion of MS DIET FOR WOMEN if user attempts to use the MS DIET FOR WOMEN service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of the MS DIET FOR WOMEN website and or its services.
At MS DIET FOR WOMEN, we understand that children’s privacy, security and protection is important. We do not monitor the age of our user audience. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. If you are aged 18 or under you should not submit personal identifying information to MS DIET FOR WOMEN without the consent of your parent or guardian. If you are a parent and want to limit your children’s access to material you believe may be harmful to them, you may want to look into the easily obtained commercially available hardware, software and filtering devices. If you are interested in learning more about these protections, information is available at various sites on the Internet.
This agreement is governed by the laws of London, United Kingdom as such laws are applied to agreements entered into and to be performed entirely within United Kingdom by United Kingdom residents.
11. Force Majeur
MS DIET FOR WOMEN will not be responsible for delays or failures in the transmission, receipt or execution of orders, Remittances, Payments, or information due to events or systems beyond its control. The obligations of this contract precede any government enactment. MS DIET FOR WOMEN, it’s owners, employees, agents or affiliates will not be responsible for any loss, damage or injury resulting from any event or system beyond its control.
Assignment: The provisions of this Agreement shall be continuous and shall inure to the benefit of MS DIET FOR WOMEN its successors and assigns, and shall be binding upon user and/or the estate, personal representatives, administrators and successors of user. MS DIET FOR WOMEN may assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not delegate any obligations hereunder without the prior written consent of all of the duly authorized officers of the MS DIET FOR WOMEN and any attempt at such delegation without such consent shall be null and void.
All links, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored MS DIET FOR WOMEN nor be such as to damage or dilute the goodwill associated with the name and trademarks of MS DIET FOR WOMEN or its affiliates. MS DIET FOR WOMEN reserves the right to revoke consent to a link at any time in its sole discretion.
In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.
15. Membership Community Terms And Conditions
All such terms as expressed in the Membership Community Terms And Conditions shall also be included in this agreement.
By use of this site, you accept the terms and conditions applicable to the site. MS DIET FOR WOMEN reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. This agreement does not intend to confer any rights on any third parties. This Agreement constitutes the entire and whole agreement between User and MS DIET FOR WOMEN and is intended as a complete and exclusive statement of the terms of the Agreement. This Agreement shall supersede all other communications between the parties.