Terms and Conditions

 

1.The Service

This website is operated by or on behalf of HDC Logistics Limited, a company registered in England and Wales with registered address at Mynshull House , 78 Churchgate, Stockport, Cheshire, SK1 1YJ, company registration number 04070933. Any reference to "you" refers to you, the user of the Service. By continuing to use this website, you agree to comply with and be bound by these Terms of Service and Fitbiotics Limited will grant to you an Account to access the Self Management Communications Platform of www.fitbiotics.co.uk (the "Service"). We suggest that you keep a copy of these Terms of Service for your records.

Fitbiotics Limited reserves the right to update and change these Terms of Service from time to time without notice to you. By continuing to use the Service, you agree to comply with and be bound by the Terms of Service prevailing at the time that you access the Service and in particular you agree that any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Service prevailing at the relevant time. You can review the current version of the Terms of Service in the systems help screens.

2.Your Account

In order to register for an Account, you must be aged 18 years or older. You must provide your full legal name, a valid postal address, an email address and any other information requested in order to complete the sign-up process. We will treat all information that you provide to Vitbiotics in accordance with our Privacy Policy. You agree to provide truthful and accurate information when registering for an Account. You agree to treat all information held in your Account and any communications from Vitbiotics Limited specifically about your property as strictly confidential.

3.Security

Following registration for an Account, your account details - including an authorisation code and a password - will be sent to your email address in a plain text email. You are responsible for maintaining the security of your Account and your password and you agree to be responsible for all activity that occurs on your Account. If your password becomes known to anyone else and they then use the Service, such use will be treated as use by you. In particular, if, because of a failure on your part to comply with these security obligations, a person uses your access to the Service causing loss or damage to others, you agree to bear sole responsibility for causing such loss or damage and you agree to indemnify Fitbiotics Limited against any costs incurred.

4.Use of the Service by You

Fitbiotics Limited grant to you a non-exclusive, non-transferable right to use the Service, subject to you agreeing to comply strictly with these Terms of Service. You acknowledge that the Service is provided on an "as-is" and "as available" basis and that Vitbiotics will not provide you with any hardware or software to enable you to use the Service. In particular, Fitbiotics , HDC Logistics expressly excludes liability for any such inaccuracies or errors, to the fullest extent permitted by law. You acknowledge that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

5.Content

You acknowledge that Fitbiotics Limited is not responsible for any information or data ("Content") posted by you or other users on the Service. You are responsible for all Content posted by you, including any Content that is posted by another person using your access to the Service. By posting Content, you grant to Fitbiotics Limited a perpetual, royalty-free worldwide licence to use, modify and/or re-publish such Content without notice to you.

Fitbiotics Limited does not pre-screen Content, but Fitbiotics Limited (and its designees) have the right (but not the obligation) in their sole discretion to remove any Content that is available via the Service. Fitbiotics Limited may - but is not obliged to - remove any Content that is determined, in the sole discretion of HDC Logistics Limited, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which breaches these Terms of Services or which violates any third party"s intellectual property rights. HDC Logistics Limited reserves the right to disclose any information (including personal data) provided by you in order to cooperate with law enforcement and other authorities with respect to any such Content. Apart from individual postings by authorised Account holders, all copyright in the Content on the Service is owned by Fitbiotics  Limited. You agree not to reproduce, change, edit, duplicate, copy, sell, resell, adapt or exploit any portion of the Service or the Content without the express prior written permission of Fitbiotics Limited.

6.Modification of Service

Fitbiotics Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. Fitbiotics Limited shall not be liable to you or to any third party for any such modification, or any change, suspension or discontinuance of the Service. In particular, Vitbiotics Limited may implement charges for any element of this Service upon 30 days notice to users. Such notice will be provided by posting the charges to the Fitbiotics.co.uk website. These charges will then be subject to change from time to time upon 30 days notice from Fitbiotics Limited to users.

7.Suspension and Termination

Fitbiotics Limited in its sole discretion has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service by you for any reason at any time. You acknowledge that termination of the Service by Fitbiotics Limited will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all Content associated with your Account.

You must not use the Service for any illegal or unauthorised purpose. If you do so, this will result in the immediate termination of your Account without prior notice to you. In particular, any verbal, physical, written or other abuse (including threats of abuse or retribution) directed to any Vitbiotics customer, employee, member or officer will result in the immediate termination of your Account. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, HDC Logistics Limited or any other service operated by HDC Logistics Limited. You must not transmit any worms or viruses of any malicious or destructive code using any part of the Service.

8.Cancellation

If you no longer need an Account, you are solely responsible for cancelling it. This is done by clicking on the "My Account" link located in the side navigation menu and following the instructions for cancellation. Fitbiotics Limited will not accept individual emails or telephone calls for the purpose of cancelling an Account.

9.Indemnity by You

You irrevocably agree to indemnify Vitbiotics Limited and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to the use of the Service by you, including any liability or expense arising from all legal claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees of any kind and nature howsoever incurred by Fitbiotics Limited, its subsidiaries, affiliates, officers, agents and employees. In particular, you expressly acknowledge and agree that Vitbiotics Limited 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 (regardless of whether Vitbiotics Limited has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use the Service;
  • the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through the Service;
  • authorised access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • termination of your Account; or
  • any other matter otherwise relating to the Service.

10.General

The failure of HDC Logistics Limited to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any part of these Terms of Service is deemed invalid or unenforceable, you agree that the invalid or unenforceable part may be deleted and the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service are governed by English law and you agree that the English courts shall have exclusive jurisdiction in case a dispute should arise over their interpretation.

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