These Terms and Conditions govern your use of Bauer Closerdiets.com site (the Closerdiets.com site) 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 Closerdiets.com site. The Closerdiets.com site is delivered by Tesco pursuant to an agreement with Bauer.
This website is operated by Bauer London Lifestyle, a company incorporated in England and Wales, company registration no. 842309. Registered office ’21 Holborn Viaduct, London EC1A 2DY’. For more details, please go to Contact Us.
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Use of the Closerdiets.com site
You will be able to access some areas of the Closerdiets.com site without registering as a member. However, by accessing any part of the Closerdiets.com site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
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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 indicating such changes via a notice on the Closerdiets.com site. If you continue to use the Closerdiets.com site after the date on which any changes come into effect, your use of the Closerdiets.com 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 Closerdiets.com site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation).
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Membership
To register as a member of the Closerdiets.com site you must be over eighteen years of age. 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 Closerdiets.com 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 Closerdiets.com site, membership is automatically renewed after the Initial Membership Term and monthly thereafter. The membership fee is charged upon registration. Thereafter you will be charged monthly until your membership is cancelled (for cancellation details see paragraph 11 below). Details of pricing are shown within the sign-up process. 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. Your membership month begins on the next calendar date after the date on which your IMT ends and finishes on the day before that calendar date the following month.
Members automatically receive a complimentary subscription to our weekly newsletter containing nutritional, fitness and other related information.
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Suspension and cancellation of membership
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
Closerdiets.com 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 Closerdiets.com 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).
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Cancellation of Membership and Refund Entitlement
By joining as a member
you agree to register for the initial membership term (IMT) as indicated on
registration. You also agree that the Closerdiets members' services on the
Closerdiets Site will be available to you immediately. As a result you agree
that you will not be entitled to cancel your membership during your IMT
pursuant to the Consumer Protection (Distance Selling) Regulations 2000,
i.e.
you will not have the usual cooling-off period.
You can notify us of
your request to cancel at any time during your IMT but this will not take
effect until the end of your IMT. (Although the cancellation option on 'My
Account'
will not be available during the first day of membership). *In the event
that you do not use your Closerdiets account, cancellation will not
automatically take place. * After your IMT your subscription will be renewed
on a monthly basis and you will be billed on that basis until you notify us
that you wish to cancel. If you cancel after your IMT, cancellation will
take effect the day before your next monthly subscription period. You will
not be entitled to a refund of any fees already paid. All cancellation
options are available in the 'My Account'
section of your personal online account. Alternatively, we will accept
requests to cancel via email.
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Payment
You can pay membership fees by any Mastercard or Visa credit card, or Visa Electron or Delta debit cards. Your credit/debit card details can be entered on the Closerdiets.com site. The details will be encrypted to minimise the possibility of unauthorised access or disclosure.
At the time of registration, your credit/debit 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). Details of pricing are shown within the sign-up process. 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. 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.
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Password and security
If you register to become a member of the Closerdiets.com 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 Tesco has reason to believe that there is likely to be a breach of security or misuse of the Closerdiets.com site, we may require you to change your password or we may suspend your membership in accordance with paragraph 10 below.
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Excluded services
The services provided by the Closerdiets.com site do not include the provision of computer or other necessary equipment to access the Closerdiets.com site. To use the Closerdiets.com 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.
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Intellectual property
The content of the Closerdiets.com site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Closerdiets.com 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 Closerdiets.com site without written permission from Tesco.
No licence is granted to you in these Terms and Conditions to use any trade mark of Bauer or Tesco or its affiliated companies including, without limitation, the trade marks TESCO, Closerdiets.com, Bauer, TESCO DIETS,TESCO.COM and TESCO CLUBCARD.
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Your use of the Closerdiets.com site
The Closerdiets.com site provides message boards that allow interaction between users. You may not use the Closerdiets.com site, including the message boards, for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";
- gaining unauthorised access to other computer systems;
- interfering with any other person's use or enjoyment of the Closerdiets.com site; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Tesco reserves the right to refuse to post material on the Closerdiets.com site or to remove material already posted on the Closerdiets.com site. Tesco makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards.
You will be responsible for:
- any claim by any third party that the use of the Closerdiets.com site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Closerdiets.com site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Closerdiets.com site by you.
By submitting material you are granting Tesco a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the material in whole or in part and in any form.
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Availability of the Closerdiets.com site
Although the Closerdiets.com site aims to offer you the best service possible, we make no promise that the services at the Closerdiets.com 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. Your access to the Closerdiets.com 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.
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Suspension and cancellation of membership
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 Closerdiets.com 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 Closerdiets.com 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 Closerdiets.com site shall not affect either party's rights or liabilities.
Paragraphs 8, 9, 12 and 13 of these Terms and Conditions shall survive cancellation.
Cancelling your Closerdiets.com account
You are free to set your account to cancel at any time during your membership.
- To set your account to cancel, please log into the site.
- Select the "Help" option from the top navigation.
- Select the "My Account" link and the cancel option is situated on this page.
- Cancellation requests can also be accepted by emailing our Customer Services at help@closerdiets.com. 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.
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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 Closerdiets.com site does not offer medical advice or act as a substitute for medical treatment. You should not use the Closerdiets.com site if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs.
The Closerdiets.com 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 Closerdiets.com site does not constitute advice tailored to an individual's specific requirements.
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Tesco's liability
Although Tesco will use reasonable skill and care in providing the Closerdiets.com site, it gives no other warranties or guarantees in relation to the Closerdiets.com site. You must bear the risks associated with the use of the Internet.
The Closerdiets.com site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the Closerdiets.com 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 Closerdiets.com site. If Tesco is informed of any inaccuracies in the material on the Closerdiets.com 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 Closerdiets.com site with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Closerdiets.com site;
- unsuitability, unreliability or inaccuracy of the Closerdiets.com site;
- inadequacy of the Closerdiets.com 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.
You recognise and agree that your legal relationship is solely with Tesco. To the extent that you have any issues in relation to the Closerdiets.com site or the services provided through the Closerdiets.com site you agree that you should (except to the extent that such restriction is unenforceable under the applicable law of these Terms and Conditions) contact and, if applicable, seek redress from Tesco and not Bauer. To the extent that you do seek redress from Bauer you agree that, to the extent permitted by law, Bauer may rely on and enforce the limitations and restrictions set out in these Terms and Conditions to the same extent as Tesco would be able to rely on and enforce such limitations and restrictions against you.
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Third party websites
As a convenience to users, the Closerdiets.com site includes links to other web sites which are beyond Tesco's control. Tesco is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the Closerdiets.com site (which includes any Bauer related link).
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Advertising and sponsorship
Part of the Closerdiets.com site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Closerdiets.com site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Tesco is not responsible for any products or services offered by such advertisers or sponsors.
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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.
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International use
Tesco makes no promise that materials on the Closerdiets.com site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland, and accessing the Closerdiets.com 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.
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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.
Save for Bauer, who may enforce the rights granted to it pursuant to these Terms and Conditions, 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.
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Bauer and third party information
From time to time Bauer and third parties carefully selected by Bauer may provide you with information and offers which may be of interest to you. Where you have ticked the relevant box during the registration process we will pass your contact details to Bauer (who may in turn pass such information to the third parties referred to above) in order for you to receive information from Bauer and third parties in relation to such services and products.
If you wish to stop receiving information from Bauer and/or other third parties please let us know by contacting Customer Services (details below).
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Team Bikini Promotions
Team Bikini promotions are open to UK residents and are subject to availability. The promoter (Closer) retains the right to refuse distribution. No purchase necessary
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Sensitive personal data
By registering as a subscriber, you acknowledge that you will need to provide details of health, gender and age so that we may provide the services. Further, you agree that we may transmit this sensitive personal data, via secure links, to our website host, ediet.com Inc, which is based in the USA.
The Closerdiets.com 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 help@closerdiets.com
By telephone UK National Rate call 08450822442
By post Closerdiets.com, c/o Closerdiets, Closer magazine, Endeavour House, 189 Shaftesbury Avenue, London WC2H 8JG
