User Subscription Agreement and Ordering Policy
This User Subscription Agreement (“Agreement”) constitutes a valid, binding contract between you and Miles Bramwell USA, LLC, a Texas limited liability company, d/b/a Slimming World (“Slimming World”), the owner and operator of the site accessible through www.slimmingworldusa.com, with respect to your subscribing to the services provided therein (“Services”) through the software made available through this website (the “Site”). The information provided on this Site is provided subject to compliance with the terms of this Agreement. Please read this Agreement carefully as it forms a binding contract between you and Slimming World. Please print a copy of this agreement for your records.
This Agreement is intended to supplement the Site’s Terms of Use Agreement. Click here to view that contract. To the extent there is any conflict or contradiction between this Agreement and the Terms of Use, this Agreement shall take precedence and control. Additionally, we have a Privacy Policy which describes our information gathering and dissemination practices for this Site. To review, please click here.
YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND THE WEBSITE TERMS OF USE AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.
If you have specific questions, a link to the applicable section of this Agreement is provided as follows for your convenience:
Slimming World System Access
Slimming World System Access. The Slimming World Services consists of a set of Internet hosted, multi-user data information access software applications and associated data, including the Data (as defined below), and tools for tracking weight loss progress, calculating Syn values, and receiving general support and information from Slimming World (the “System”). Slimming World, at its exclusive discretion, shall determine extent of access, which shall be limited by Slimming World in form, substance and content to meet your needs and requirements, and permit access to the System on a non-exclusive basis, subject to the terms of this Agreement and provided further that Slimming World may restrict or condition access and use at any time if it reasonably believes that such continued access or use will imminently and materially disrupt, degrade or injure continued function or use of, the System with respect to other Slimming World customers.
1.02. Equipment, Software and Connectivity Requirements. Proper function of the System requires your compliance with minimum specifications for equipment, software and connectivity. It is your duty to acquire, maintain and/or install all necessary equipment and connectivity, including, but not limited to, a personal computer and common carrier related equipment and communication services. Slimming World shall not be responsible for any charges incurred in doing so.
1.03. General Customer Obligations. You shall provide Slimming World with complete, accurate and timely information necessary to permit Slimming World to provide the services contemplated in this Agreement. You shall cooperate promptly to provide accurate and full responses to any inquiry or concern of Slimming World for clarification, documentation or further information related to the Slimming World Services. Slimming World may restrict or condition access and use at any time if it reasonably believes that such continued access or use will imminently and materially disrupt, degrade or injure continued function or use of, the System with respect to other Slimming World customers. You agree that you will not use any device, software or routine to bypass Slimming World’s protections on its Data and content, or to interfere or attempt to interfere with the proper working of the System.
1.04 Consents and Authority. You shall not permit individuals to access or use the Slimming World System without authorization or beyond the scope of their authorization. You will be required to fully register and shall specify the sole individual who will have access to the Slimming World System.
License And Use Restrictions
2.01. Grant. Subject to the terms of this Agreement, Slimming World hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Slimming World System, as it may exist from time to time, within the United States, under the conditions and requirements set forth in this Agreement. Access and use under this license is conditioned on such compliance with the conditions and requirements of this Agreement and adherence to the Terms of Use Agreement, incorporated herein by reference. Subject to the terms of this Agreement, you hereby grant to Slimming World and its successors and assigns the worldwide, non-exclusive, transferable, and royalty free right to use information related to System usage for the activities and purposes set forth in this Agreement and in the Privacy Policy, including without limitation the right to monitor, store, retrieve, transmit, process, modify, otherwise prepare derivative works from, copy, distribute, disclose, sublicense and display it in any and all media now existing or that may exist in the future. Such license shall end when this Agreement terminates, except that Slimming World’s right to store, retrieve, copy, modify and otherwise create derivative works from Data to create Compiled Information as set forth in Section 11 shall not terminate and shall continue in perpetuity. Use contrary to the provisions of this Agreement by either party of any item or right licensed to it by the other party is outside the scope of the license and is strictly forbidden.
2.02. Data. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the information accessed by or content included in the System or provided through Slimming World’s website (“Data”) without Slimming World’s prior express written consent. You agree that you will not use any device, software or routine to bypass Slimming World’s protections on its Data and content, or to interfere or attempt to interfere with the proper working of the System. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Slimming World’s infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content or data from the System, including the Data, without the prior expressed written permission of Slimming World except and only to the extent that such activity is permitted by applicable law.
2.03. Scope of Use
(a) You shall not access or use the System except as expressly authorized herein. You shall access or use the System only to process transactions and access your Data and shall not access or use the System for transactions or the access of Data on behalf of any third party.
(b) You shall not sell, sell access to, or sell use of the System or Data. Without limitation, you shall not use the System in connection with the provision by of a service to any third party that includes data access or any other service that is a substitute for some or all the System’s functions.
(c) You shall not rent, sell, lease, retransmit, distribute, publish, transmit or in any way exploit all or any part of the System or Data to any third party by any means, including, but not limited to, electronically or on disk, except as expressly provided in this Agreement. The contents of the System, including, but not limited to the Data, may not be recirculated, redistributed or published by you to a third party without Slimming World’s prior written consent.
(d) You shall not make any enhancements, improvements or modifications; sublicense; copy; record; reproduce; reverse engineer; reverse compile; recompile; decompile; modify; create derivative works from; or disassemble the System except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
(e) You may not offer any part of the System for sale or distribute it over any other medium, including, but not limited to, television or radio broadcast, a computer network or hyperlink framing on the Internet without the prior written consent of Slimming World.
(f) You shall not knowingly introduce or permit to be introduced into the System any virus, worm, trojan horse or other software routine, program or mechanism to permit unauthorized access into, to disable, to erase in whole or in part or otherwise to adversely effect the System, including, but not limited to, data stored on the System, related software or any equipment maintained or used by Slimming World.
(g) You may not use the System for any illegal, or unlawful purpose or in any manner inconsistent with applicable law or this Agreement.
(h) You shall comply with such reasonable policies, procedures and instructions as may be established by Slimming World from time to time concerning access to and use of the System upon receipt of written notice to you of such policies, procedures or instructions.
VIOLATION OR DEFAULT BY YOU OF ANY REQUIREMENTS OR RESTRICTIONS SET FORTH HEREIN SHALL CONSTITUTE BREACH OF A MATERIAL PROVISION OF THE AGREEMENT RESULTING IN SLIMMING WORLD’S RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THIS AGREEMENT AND TO SEEK ALL REMEDIES AVAILABLE AT LAW OR IN EQUITY.
2.04. Modifications and Upgrades Slimming World shall have the right in its sole discretion to substitute, replace, modify or upgrade the System or any part or aspect of it as Slimming World deems advisable; and, all substitutions, replacements, modifications and upgrades shall be incorporated in and subject to this Agreement and shall be the exclusive property of Slimming World hereunder. If Slimming World shall provide you with any substitutions, replacements, modifications and/or upgrades, you will be required to utilize such version. Slimming World will only be required to support the most recent and current version provided to you, and not any previous version.
Member ID and Password
As part of the registration process, you will be asked to select a user name (“User ID”) and password. Please click here for more information. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
User Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of 18 or to users who have had their user account with Slimming World suspended. Further, your account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Identity Verification
You must only provide accurate information when you register with the Site. While we hope that all of our users comply with requirements of providing accurate identification information, Slimming World cannot and does not confirm each user’s purported identity. If you decide to enter into a transaction with another user, you may wish to consider using a third party escrow service or services that provide additional user verification.
Fees
Please click here to review applicable fees for services made available on this Site. By providing us with your payment information, you authorize and instruct us to bill your credit card account for the amount of your initial subscription fee. These transactions are processed by Chase Paymentech Solutions LLC. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes. We may in our sole discretion change some or all of applicable fees at any time.
Use of Site
Your use of the Site is at the sole discretion of Slimming World, who may deny you further use of the Site at any time, for any reason, with or without cause. You must comply with all agreements and policies applicable to this Site, including those listed in our Terms of Use Agreement under the heading “USE OF SITE”.
Health Disclaimer
Nothing stated herein or on the Site should be considered as medical advice for dealing with a given problem, or to diagnose, treat, cure or prevent any diseases. All information posted on this Site is provided for informational and educational purposes only and it is not meant to be a substitute for professional medical advice, diagnosis or treatment. It is not to be construed as medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you suspect you have an illness or disease, or a health related condition of any kind, seek professional medical care with an appropriate health care professional immediately. Do not postpone or delay seeking treatment or disregard professional advice based upon information on this Site. It is especially important to show the Slimming World weight loss plan to your physician before beginning the weight loss plan. Any modifications made to the plan by your physician should be followed. Consult your qualified health care provider for individual guidance for specific health problems.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Site is intended for use only by healthy adult individuals. The Site is not intended for use by minors under the age of 18, pregnant women, individuals taking any medication, or individuals with any type of health condition (this includes, without limitation, individuals with eating disorders and individuals with cancer, liver or kidney disease). Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
Medical monitoring is especially important for people with a known medical condition. The programs provided by Slimming World are healthful, but aren’t intended to treat any illness or disease. The Slimming World weight loss plan is designed for a safe rate of weight loss and is not intended for rapid weight loss, which may pose a risk of developing health complications.
Individuals under 16 years of age may join the N Texas support groups (“Groups”) with the parent or guardian responsible for their dietary needs, but only if Slimming World receives both written permission and ongoing input from their physician. Members who become pregnant after joining Slimming World Online may continue to enjoy the members’ area of the Site, however access to the weight support service will be limited. Membership is offered to breastfeeding mothers a minimum of 6 weeks after the birth of their baby. Teens and women nursing a child who want to attend Groups must follow a specific plan and policies to meet their specific requirements.
For your safety, Slimming World Online membership is not offered to anyone with a BMI below 23. It is your responsibility to ensure all information provided as part of your online registration is accurate and true. To ensure your health and wellbeing while you lose weight, target weights may not be set below a BMI of 20. Members whose weight falls below a healthy BMI of 20 will be given 4 weeks to return to a BMI of 20 or above, after which access to certain areas of the Site will be restricted, including the weight loss progress chart. In these cases, and if further weight loss is desired, we recommend you discuss your weight concerns with your doctor.
If you have a medical condition which may be adversely affected by exercise you should consult your doctor before following any exercise information given. It is required that each member takes personal responsibility for themselves when doing any exercise which has been advised by Slimming World or their representative, either at or outside the group, or via our Online program. If at any time while exercising a member feels any ill effects we recommend stopping the exercise and consulting with your doctor.
We always recommend members follow the medical and any dietary advice they have been given by their doctor or other health professional.
Security
You shall take reasonable steps to maintain the security of communications between you and the System. For example, Slimming World shall assign an initial password and User ID to you. Each password and User ID shall be unique to each customer and shall be non-transferable. You shall log into the System using only their assigned username and associated password. Slimming World shall be entitled to assume, unless notified by you otherwise, that a user presenting a username and associated password is, in fact, you. If you knowingly or unknowingly furnish a password to an unauthorized person, you are validating the authority of such person to act on your behalf as to any access or use of the System with that password and shall be responsible for any charges, damages or losses incurred or suffered as a result of its failure to maintain the confidentiality of any password. You shall notify Slimming World immediately if you become aware of any unauthorized use of any username or password. Slimming World shall have the right at any time to change, modify or amend your password or User ID.
Confidentiality
10.01 Due to the nature of this Agreement, you may receive or have access to information from Slimming World of a confidential and proprietary nature that may include without limitation, software, computer programs, formats and technology for organizing and presenting data, communication formats and technology, design concepts, methods, processes and ideas, and the structure, sequence, and organization, designs, data models, tables and set-ups, and interfaces, embodied or expressed therein, and information used by Slimming World for the operation of its business. Except as directed by Slimming World, you shall hold the confidential and proprietary information of Slimming World in confidence and not use it or disclose it or allow it to be used or disclosed, directly or indirectly, to any person or entity, except as may be reasonably necessary for purposes of this Agreement and then only if the recipient has agreed in writing to maintain the confidentiality of the information.
10.02 In keeping information confidential pursuant to this Agreement, you shall be obligated to act in a manner no less protective than the care you use to protect your own similar confidential and proprietary information, except that in no event shall such care be less than reasonable.
10.03 In the event that you become legally compelled to disclose any information otherwise subject to confidentiality or use limitations of this Agreement, you shall provide Slimming World with prompt notice, to the extent permitted by law, so that Slimming World may seek a protective order or other remedy. You shall disclose only that portion of such information which you are advised by written opinion of counsel is legally required and shall use its best efforts to obtain a protective order or other reasonable assurance that such proprietary information shall be treated confidentially by any recipient. The obligations in this Agreement as to confidential and proprietary information shall not apply to information which (i) is or becomes generally available to and known by the public (other than as a result of an un-permitted disclosure directly or indirectly by you or your affiliates, advisors or representatives); or (ii) is or becomes available to you on a non-confidential basis from a source other than Slimming World or its affiliates, advisors or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to Slimming World or any affiliate of which you have knowledge at the time of such disclosure.
Ownership
11.01 The System and all related Intellectual Property shall be and remain the exclusive property of Slimming World. All derivative works prepared from the Slimming World System or any part of it shall be and remain the exclusive property of Slimming World.
11.02 Slimming World shall have the right at its option to provide a proprietary legend and/or mark on the System; said legend or mark may at Slimming World’s option be included at the beginning and/or end of each page, screen or set of data or, at Slimming World’s option, in digital form within a field associated with one or more items; you shall not obscure such legend or mark. You may copy such items only on condition that the legend and mark, if any, is reproduced intact with each item.
11.03 “Intellectual Property” means any and all intellectual property associated with the System and all related designs, formulas, procedures, methods, apparatus, ideas, creations, improvements, works of authorship, materials, processes, inventions, techniques, data, know-how, show-how, algorithms, programs, subroutines, tools, trademarks, patents and patentable materials, copyrights and copyrightable materials, and trade secrets.
11.04 You agree that Slimming World may store, retrieve and copy information it receives from you, including your personal data, and modify it to remove, encode, encrypt or otherwise conceal your personal identifiers, and thereby de-identify such data, including without limitation, data constituting your utilization data, outcomes data and other data reflecting your experience, condition and activities. Such de-identification shall include the steps necessary to render the information in such condition that Slimming World reasonably believes that no intended recipient of the information could use the information to identify you with particularity. You further agree that Slimming World may further modify and incorporate copies of such information in de-identified form into aggregations or compilations of technical and business information (the “Compiled Information”). All de-identified data incorporated by Slimming World into Compiled Information shall belong exclusively to Slimming World and Slimming World shall have the right to use it as it sees fit for any lawful purpose (including without limitation, the perpetual, irrevocable, worldwide, exclusive, transferable, and royalty free right to monitor, store, retrieve, transmit, process, modify, otherwise prepare derivative works from, copy, distribute, disclose and or display them), provided that in each case of distribution, display or disclosure to any third party, Slimming World shall not disclose any key or other device to enable coded, encrypted, or concealed identifying information to be disclosed or re-identified unless required by law.
Ordering Policy
12.01 Product Descriptions and Display. We have made every effort to describe and display the products featured on this Site as accurately as possible. Please note however that, as is the case with all computer images, the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually see on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise. For optimal viewing, we recommend setting your monitor to 1024 x 768. Slimming World is not responsible for errors in typography and photography.
12.02 Payment Terms and Pricing. By placing an order with Slimming World, you are confirming that all goods ordered by you are for your own private and domestic use only. We reserve the right to refuse orders if we suspect an order is not for personal use or if we suspect you are in any way involved in fraudulent or illegal activity on the Site, including, but not limited to, the use of stolen credit cards.
You agree to pay, using a valid Credit or Debit card (or other form of payment accepted), the fixed and periodic charges and fees outlined on this Site. This includes but is not limited to:
- Initial Enrollment and 3 Month Subscription Fee
- Recurring Monthly Fee
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 this Site, via e-mail or other means we deem appropriate.
Credit and Debit cards are debited on the day of ordering. We will confirm that your order has been received and is being processed by a confirmation email to your given e-mail address and to your Slimming World inbox. Please check that the details on the e-mail are correct as soon as possible and print a copy as confirmation of your order.
Please ensure that all details you provide to Slimming World Online for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered. If there are any changes to the details supplied at the time of order it is your responsibility to inform the Slimming World Online team as soon as possible.
Special offers will be available from time to time. If further Terms apply to these offers they will be included in specific Special Offer Terms, and are incorporated into these Terms by this reference.
With the exception of the book pack sold as part of the Gold membership, book prices shown in the bookshop do not include postage and packaging, and are subject to these charges being added prior to the payment stage.
Prices, products, and descriptions on this site are subject to change without notice. To ensure pricing is correct, please contact us at (972) 899-8700.
12.03 Shipping. Orders will ship by United States Postal Service ("USPS") Priority Mail. Estimated delivery time once we ship your order is 2-3 days for items shipped via USPS Priority Mail, but is not guaranteed for delivery in that time. After you have placed your order, you will receive an email to your Slimming World inbox confirming your order, listing the item(s) and quantity ordered, and total cost of the product, tax if applicable and shipping. We cannot ship to multiple addresses from the same order. If you want to ship items to multiple addresses you must place separate orders for each shipping address. If your order is undeliverable it will be returned to us and we will notify you via email address provided at checkout that your order could not be delivered. We will automatically refund the cost of the order, but not the shipping costs.
12.04 Undelivered orders. We aim to deliver within 5 working days of receiving your order, however we occasionally experience unforeseen delays in delivery. If your delivery is severely overdue and you have not received a delivery notification card, please send an e-mail to orders@slimmingworldusa.com including the following details:
- full name and membership number
- order number
- total value of the order
- date order was placed
Even better, please reply to us using the confirmation e-mail you received, letting us know that you haven’t yet received your order.
12.05 Damage to Food Optimising book packs. If you choose to become a Gold member of Slimming World you will receive Slimming World’s Food Optimising book pack as part of your membership. It is your responsibility to retain these books in good condition as Slimming World cannot accept responsibility for any damage incurred while in your possession. If your Food Optimising book pack should become so damaged that you cannot use it, we will enable you to purchase a replacement book pack at a cost of $20.00 + postage on receipt of your old damaged book pack. Your returned book pack should be received by Slimming World within seven (7) working days of notification to us that it has been damaged. To return your book pack, please write “book pack return” on the delivery slip. Package the slip, any delivery notes and the books securely and send them to us at the address below. Please note that you will be responsible for the costs of returning the damaged book pack to us. We will then activate a replacement book pack to be available to purchase via Slimming World’s online bookshop. This is limited to one (1) replacement book pack per member.
Slimming World
Attn: Stock Department
2404B S. Stemmons Fwy.
Lewisville, TX 75067
12.06 Returns and Restocking. You can remove items from your shopping cart at any time before clicking “Confirm Order”. All purchases are non-exchangeable, non-refundable, and non-transferrable. Click here for complete details on our Refund Policy.
If you choose to cancel your order after it has been dispatched, notice must be given in writing within 7 working days of receiving the goods. Notification may be sent by e-mail to orders@slimmingworldusa.com with the following information:
- full name and membership number
- order number
- total value of the order
- date order was placed
Or reply to orders@slimmingworldusa.com using the confirmation e-mail you received, letting us know that you’d like to cancel your order.
The returned goods should be received by Slimming World within 7 working days of your cancellation notification. To return your order, please write ‘contract cancelled’ on the delivery slip. Package the slip, any delivery notes and the unwanted item(s) securely and send them to us at the address below. We will arrange a refund of the price you paid for the goods, provided that the goods you wish to return are received by Slimming World in the condition that they were in when delivered to you.
Slimming World
2404B S. Stemmons Fwy.
Lewisville, TX 75067
Please note that, unless the item is damaged or has been delivered in error, you will be responsible for the costs of returning the goods to us. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost.
We reserve the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion.
Once we receive notification from you that you wish to cancel your order (in accordance with these terms), any sum debited to Slimming World in relation to your order will be re-credited to that account as soon as possible and in any event within 30 days of receiving the returned item(s).
12.07 Credit Card Guidelines. We accept [Visa, MasterCard, American Express and Discover]. You will bear all costs associated with a disputed credit card charge which results in action from Slimming World's merchant account provider, otherwise known as “chargebacks,” from your credit card provider. If you enter into transactions with us, you should note that we have partnered with Chase Paymentech, a leading payment gateway, to offer safe and secure credit card transactions. The Chase Paymentech Gateway manages the complex routing of sensitive customer information through the credit card processing networks. Chase Paymentech is an unrelated entity and there is no association between Slimming World and Chase Paymentech except for Chase Paymentech processing of Slimming World’s electronic transactions. For additional information regarding the privacy of your sensitive cardholder data, please read the privacy policy for Chase Paymentech which is available by clicking here.
12.08 Intellectual Property Rights. Unless otherwise noted, all materials made available through the Site, including all images and the source code used to create elements of this Site and educational materials available through the Site, are copyrighted by Miles Bramwell USA, LLC © 2011. Except as indicated below or as permitted by Copyright Act, 17 U.S.C. §107, use of such material or source code without the express written consent of Slimming World is prohibited. Permission to make digital or physical copies of part or all of this work for personal or classroom/educational use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and provided further that the Miles Bramwell USA, LLC copyright notice and full citation are included in the copies or displayed with full or partial images. Permission to make any other copies or to republish requires prior written authorization from the Slimming World. Requests for permission should be directed to copyright@slimmingworldusa.com.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS SLIMMING WORLD AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF SLIMMING WORLD, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
General Disclaimer of Warranties; Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE TO THOSE DISCLAIMERS OF WARRANTIES, AND LIMITATIONS AND EXCLUSIONS OF LIABILITY INCLUDED IN OUR TERMS OF USE AGREEMENT. Furthermore:
(a) Slimming World makes no warranty and shall not be responsible with respect to any interception, access, loss, impairment, delay, corruption, or damage of any outbound code or data after the packet leaves the back end of Slimming World’s Internet server or of any inbound code or data before the packet enters the back end of Slimming World’s Internet server;
(b) You assume full responsibility to evaluate for yourself the condition, quality, accuracy, reliability, suitability and functionality of the System and any information or recommendations you obtain from or using the System. Slimming World shall not be responsible for the condition, quality, accuracy, reliability, suitability or functionality of information stored or transmitted using the System.
(c) Use by you of software or connectivity for purposes, data, software or functionality other than or in addition to the System may delay, impair or interfere with the System’s functionality, and Slimming World is not responsible for the effects of such use.
Limitations and Exclusions of Liability
FURTHERMORE, SLIMMING WORLD HAS PRICED ITS SERVICES UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING AND AGREE THAT SLIMMING WORLD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SLIMMING WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
YOUR SOLE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY SLIMMING WORLD SHALL BE TO TERMINATE THIS AGREEMENT AND OBTAIN A REFUND OF A PRO-RATA PORTION OF ANY PREPAID FEES BASED ON THE DATE OF TERMINATION. NOTWITHSTANDING THE FOREGOING, SLIMMING WORLD’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100.
YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST SLIMMING WORLD ARISING OUT OF THE USE OF THE SITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT SLIMMING WORLD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Force Majeure
No failure, delay or default in performance of any obligation under this Agreement shall constitute an event of default or a breach of representation or warranty under this Agreement if and to the extent it is caused by a strike; fire; shortage of materials; legal act of a public authority; unavoidable casualty; civil disorder; riot; insurrection; vandalism; war; act of terrorism; inclement weather; failure of the Internet; failure or error of any internet access provider; failure or impairment of any lines of transmission belonging to any third party; failure or impairment of any third party server, router, other equipment or software through which internet transmissions occur; or, other extraordinary cause if such cause or condition is beyond the reasonable control and without the negligence of the party otherwise chargeable, for so long as such cause or condition continues and for a reasonable period of time thereafter. Notwithstanding the foregoing, such cause or condition shall not include a party’s lack of funds, lack of credit, or other financial inability to perform. If a party intends to rely on the foregoing force majeure protection, it shall timely notify the other in order to permit the other in its sole discretion to suspend or curtail its own performance under the Agreement for such time as the failure, delay or default continues.
Modification
The Site may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. Slimming World will provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage. By continuing to use the Site after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site is subject to the most current version of this Agreement.
Entire Agreement; Assignability; Construction
This Agreement and the Terms of Use constitute the entire agreement between you and Slimming World with respect to your use of the Site. In the case of a conflict between the terms of this Agreement and the Terms of Use, this Agreement shall control. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Slimming World, in our sole discretion, to a third party in the event of a merger or acquisition.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
Slimming World’s principal office is in the State of Texas and this Site (excluding external links, if any) is controlled by [Miles Bramwell USA, LLC] from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and Slimming World agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Slimming World agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Denton County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Term
This Agreement shall remain in full force and effect from the time you register (“Effective Date”) for three (3) months (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement shall continue on a month-to-month basis at Slimming World’s then current standard fees unless (i) you elect to purchase a renewal registration for a period of three (3), six (6), or twelve (12) months and payment is received not less than 14 days prior to the expiration date of the Initial Term (a “Renewal Term”) or (ii) earlier terminated by either party as provided herein. Upon the expiration of a Renewal Term, this Agreement shall continue on a month-to-month basis at Slimming World’s then current standard fees as stated above. Please click here to review our fee schedule for more information.
Renewal Policy
23.01 Renewal to Slimming World Online. To ensure you enjoy uninterrupted use of the System, the subscription term continues on a month-to-month basis after the initial minimum 3-month subscription period. At any point during your membership you may elect to extend your membership with one of our special re-subscription offers for 3, 6 or 12 months. Your extended subscription period will start from the date at which your next monthly re-subscription payment would otherwise have been collected. At the end of your extended subscription period, monthly payments will resume at the standard monthly rate unless you either cancel your membership or elect to extend your membership with a further special re-subscription offer.
23.02 Renewal for ‘workplace’ and ‘transferred’ members. This section applies only to:
- Those members who have had their membership from our UK site or N Texas group transferred to Slimming World Online (US)
- Workplace members who have received Slimming World Online membership as part of an employee benefit scheme.
Because you were not required to enter payment details on transferring to or registering for the Site, you are responsible for renewing with Slimming World Online before your membership ends. If you choose to renew with one of our 3, 6 or 12 month special re-subscription offers, your membership will continue on the same basis as outlined in Renewal to Slimming World Online above.
If your membership ends and you would like to continue your membership with Slimming World Online, you have a period of 2 weeks to become a regular paying member and continue your membership at the standard monthly fee. After that time, your account will be closed and you will be asked to enroll as a new member. Your previous history and account details will not be accessible.
23.03 Additional renewal terms. We reserve the right to increase fees, or to institute new fees at any time, upon advance otice communicated to you through a posting on the Site or such other means as we may deem appropriate (including email or conventional mail). Each time you attend a Group or log onto the Site 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 account, we reserve the right to terminate your subscription. If your credit card expires, is canceled, is lost or is subject to use without your authorization, please visit my Slimming World > Update my details, scroll down to the Update my payment details to update your Subscription Data.
Refund Policy
Because the Slimming World service starts immediately on entering the members' homepage, by accessing this information you will have utilized our services and your right to cancel your new membership will have ended and your enrollment and initial 3-month subscription fee is non-refundable.
Once you have become a member (minimum 3 months subscription) you can cancel your monthly re-subscriptions at any time by giving us 2 weeks notice. Until we receive this notice we will continue to deduct your subscription from your Debit or Credit card each month at the then applicable monthly rate.
If you extend your membership using one of our special re-subscription offers for 3, 6 or 12 months, and you decide to cancel during this period, we will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to our standard pricing in effect during such time.
Depending on when we receive your notice of cancellation, it is possible that we may have already charged you for your next subscription period. In that case, contact us and we will refund you the full amount for that next subscription period as long as you do not access the System during that next period. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
In addition, in certain states you may have additional rights with respect to cancellation, as set forth in Section 27 below. Notwithstanding Section 27, you may always cancel using any of the methods, and for any of the reasons, set forth in this Agreement.
If we terminate your subscription (as opposed to you canceling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of the non-refundable enrollment and 3-month subscription fee, we will refund any unused portion of such period on a pro rata basis.
If you cancel your subscription and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, to the extent permitted by law.
Transferring or Pausing Membership
In exceptional circumstances, online membership can be paused and resumed at a later date. A transfer of online only membership to N Texas group membership can be arranged using vouchers for your personal group attendance. We endeavor to provide vouchers that reflect, as closely as possible, the value of online only membership remaining, however we’re unable to refund any difference. Gold members wishing to transfer their membership should keep their Food Optimising book pack in order to use these at their Slimming World group each week. To request a pause or transfer, please contact us by letter or email (stating your full name, registered e-mail address and membership number) at [member.enquiries@slimmingworldusa.com] or
Slimming World
Attn: Online Membership
2404B S. Stemmons Fwy.
Lewisville, TX 75067
Termination
24.01 Termination by Slimming World.
(a) Slimming World can terminate this Agreement upon thirty (30) days' prior written notice and as otherwise provided herein. Additionally, Slimming World may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. If Slimming World terminates your membership because you have breached this or any other applicable agreement, you will not be entitled to any refund of unused subscription fees.
(b) Although it is each member’s responsibility to cancel their membership, if Slimming World is not used for forty two (42) days, future subscriptions are cancelled automatically. In the event of termination for non-use, membership can be continued on a monthly basis by visiting the My Slimming World section to re-enter payment details or continued by using one of our special 3, 6 or 12 month re-subscription offers.
(c) Slimming World may terminate this Agreement if you have a group membership subscription, and you have not attended a group for a period of four (4) weeks.
(d) We will give you 4 weeks notice if we wish to terminate the provision of the Slimming World Online services to you. Upon termination we will cease charging you and we will not collect any further payments.
24.02 Termination by Customer. Once you have become a member (minimum 3 months subscription) you can cancel your monthly re-subscriptions at any time by giving us 2 weeks notice prior to the end of the month. Until we receive this notice we will continue to deduct your subscription from your debit or credit card each month. You may provide this notice by using the Cancel Future Subscriptions button in the My Slimming World > View Your Current Account Status section of the members’ area of the Site by sending notice to [cancel.subscription@slimmingworldusa.com] or
Slimming World
Attn: Accounts Department
2404B S. Stemmons Fwy.
Lewisville, TX 75067
If you do not receive a response within 5 business days, please contact us again or check your membership status on the Edit Payment Details page of the Site.
Effect of Termination
Upon termination:
(a) All licenses and rights granted by Slimming World to you herein shall terminate immediately and automatically and, notwithstanding any other provisions of this Agreement, you shall immediately cease use of all licensed items including without limitation the System. You acknowledge that your use of the System after the expiration or termination of this Agreement shall be a misappropriation of Slimming World’s property. Slimming World shall be permitted to retain and use your Data subject to the continuing restrictions and obligations of Section 11 of this Agreement;
(b) The rights and obligations of the parties under Sections 9, 10, 11, 12, 13, 14, 15 and 20 of this Agreement shall survive termination of this Agreement and shall remain in full force and effect; and
(c) The parties shall have such further rights as are provided by law subject to the limitations and disclaimers in this Agreement.
State Law
You may have certain termination and refund rights under applicable state law in addition to those outlined in this Agreement. We encourage you to seek the advice of local counsel if you would like more information on your rights under applicable state law.
Contact Information
If you have a comment, question or request, or if you need to contact Slimming World for any other reason, there are four easy ways to do so.
(A) Online:
- You can use our online form for all general and technical inquiries.
(B) Telephone:
- You may call us at (972) 899-8700. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal business hours are Monday through Friday, 9:00 a.m. to 7:00 p.m. Central Time.
(C) Fax:
- You may fax us at (972) 315-8305.
(D) U.S. Mail:
- Send mail to Slimming World at:
Slimming World
2404B S. Stemmons Fwy.
Lewisville, TX 750