PERSONAL INFORMATION AND PRIVACY
- GENERAL INFORMATION
16.1 You shall not assign, transfer, charge or purport to assign transfer fees to transfer your rights under these terms and conditions. Any alleged assignment shall be null and void.
16.2 We will not be liable to you or considered to be in breach of contract for any loss or damage that may result directly or indirectly from the fact that prevents, hinders or delays our performance due to circumstances beyond our reasonable control, including (but not limited to) any case of force majeure, war, terrorism, riot, civil unrest, government action, explosion, fire, explosion, flood, storm, accident, strike, blockage, trade dispute or labour dispute, plant or machinery failure, interruption of power supply, Internet communications or equipment and in such a case, we may choose to cancel your order and refund any payment made.
16.3 You acknowledge that these conditions replace and supersede all prior contracts, agreements and employment arrangements, whether oral or written, express or implied, between us. These conditions take precedence over any other condition contained or mentioned elsewhere or implied by trade, custom or the course of business. Any terms to the contrary are excluded to the fullest extent permitted by law. To the fullest extent permitted by applicable law, We reserve the right to amend these Terms and Conditions without prior written notice effective for the future, subject to Your right to reject, by written notice, our amendments to these Terms and Conditions with respect to any order for which acceptance, but not yet fulfilled, has occurred.
16.4 No relaxation, abstention, delay or indulgence by You or Us in the application of any of these Conditions or the granting of time by either party to the other shall affect or restrict such rights and powers.
16.5 No derogation from any of the conditions of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of a condition shall not be construed as a waiver of any subsequent breach or condition. 16.6 If, for any reason whatsoever, we consider any provision or part of these terms and conditions to be unlawful, unenforceable or invalid under the law applicable in a particular jurisdiction, or if a court of competent jurisdiction determines that any provision or part of these terms and conditions is unlawful, unenforceable or invalid under the law applicable in a particular jurisdiction:
16.6.1 These conditions shall not be affected in other jurisdictions to the extent that such a determination or conclusion does not apply; and
16.6.2 In the relevant jurisdiction, the remainder of these Terms and Conditions (to the fullest extent permitted by law) shall continue to be in full force and effect.
17.1 The validity of the interpretation and execution of these Terms shall be governed by United Kingdom law and You agree to submit to the exclusive jurisdiction of the United Kingdom courts, in the event of legal proceedings arising out of any dispute; the language of any dispute resolution proceedings or proceedings shall be English.
(1) Remind us who you are and access your registration preferences to provide you with better and more personalized service. Cookies allow us to store our users' preferences on the website without having to re-enter information each time they access the website.
(2) Estimate the size of our audience. Each browser accessing the website receives a unique cookie that is then used to determine the extent of repeated use and to help us communicate with you. This information collected by cookies is sometimes referred to as "clickstream" or "click trail" and may also describe the pages you have visited.
(3) Measure certain traffic patterns, the areas of the company's website you have visited and your overall visit patterns. We use this research to understand how our users' habits are similar or different from each other, so that we can improve each new experience on the website. We may use this information to better present the content that users will see on our site.
Use of personal information
By participating in a sweepstakes or promotion, registering on our website, completing forms on our website or checking or unchecking the co-registration boxes, you grant the Company the right to use the information collected for marketing purposes, including, but not limited to, sharing such information with third party advertisers ("advertisers"), sending emails, SMS messages, or physical delivery by the Company or any third party offer to your email address or mailing address. We may also use this information to win prizes, to verify compliance with applicable draw rules or promotion rules, or to improve content and comments. We may share the personal information you provide to us and we may join with other companies to provide retail or service opportunities to our user base. These companies may include providers of direct marketing services and applications, including research and reference, data enhancement, deletion and validation. In addition, the Company reserves the right to disclose current or past user information in the event that we believe the website is or has been used in violation of any contest or promotion rules; to commit unlawful acts; if the information is subpoenaed; if the Company is sold or acquired; or when the Company considers it necessary or appropriate. By accepting these terms and conditions, you hereby consent to the disclosure of any file or communication to a third party when the Company, in its sole discretion, determines that the disclosure is appropriate. We may share information about the use of our website regarding visitors to our website who have received targeted promotional campaigns with advertisers in order to format future campaigns and to update the visitor information used in statistical reports. The Company also reserves the right to provide aggregate or group data about our visitors and users for legal purposes. Aggregate or group data is data that describes the demographics, use or characteristics of our participants as a group, without revealing any personally identifiable information. By subscribing to the website, you agree to allow us to provide this data to third parties.
Credit Card Information
To the extent that credit card specific information is collected on the website and one of our affiliates and/or subsidiaries, such information will be kept confidential and will not be shared with third parties other than our e-commerce partners to process your transaction (and consumer credit agencies) without your prior informed consent. Notwithstanding the foregoing, the Company and our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information for specific users, but they will not share specific credit card information with third parties without the prior informed consent of the user.
Disclaimer of liability
The Company does not guarantee, and the Company is not responsible for the accuracy of or compliance by the advertiser with the privacy policies and/or terms and conditions of each advertiser's website. Entities that advertise and/or place banner ads on the Website, including, but not limited to, Advertisers, are independent third parties not affiliated with the Company.
PERSONS UNDER THE AGE OF 18 ARE NOT ALLOWED TO PARTICIPATE IN A SWEEPSTAKES OR PROMOTION OFFERED ON OR THROUGH THIS WEBSITE. No information should be submitted or posted on this website by visitors under the age of 18. We encourage parents and guardians to spend time online with their children and to participate and monitor their children's activities.
Acceptance of the policy
By accessing this website and/or submitting information to us, you agree to this policy. We reserve the right, at our discretion, to change, modify, add or delete portions of this policy at any time. All policy changes will be effective as soon as they are posted on the website. Therefore, you should check this page regularly to review the policy in effect at the time. Your continued use of the website or acceptance of our emails following the posting of changes to this policy will mean that you accept those changes. If you do not agree with the terms of this policy, please do not submit any personal information to this website or any other Company website.
Questions or complaints
If you reside in a European country participating in Privacy Shield and you consider that we store your personal data as part of this Privacy Shield certification, you can address any questions or complaints regarding our Privacy Shield compliance to our email.
If you reside in a European country participating in the Privacy Shield and have not received a prompt response to your concern, or if we have not addressed your concern, you may request additional assistance, free of charge, from your EU Regional Data Protection Authority (DPA) with which we have undertaken to cooperate as a redress mechanism.
If you are a Swiss citizen, please contact the Federal Data Protection and Information Commissioner (FDPIC), which is our SWISS-E.U. resource mechanism.
For all Privacy Shield disputes that cannot be resolved by the above methods, you may be able to invoke a binding arbitration process under certain conditions. For more information on Privacy Shield's binding arbitration program, please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
The Federal Trade Commission has investigative and enforcement powers with respect to The Weight Loss Plus's compliance with the Privacy Shield Framework.
You may also be able to invoke binding arbitration for unresolved complaints, but before initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and give us the opportunity to resolve the issue; (2) seek the assistance of your regional data protection authority; and (3) contact the French Department of Commerce (directly or through a European Data Protection Authority) and allow the Department of Commerce time to resolve the issue. If such a resident invokes mandatory arbitration, each party will be responsible for the fees of its own lawyer. Please note that, in accordance with the privacy shield, arbitrators may only impose a fair, non-monetary, individual-specific remedy necessary to remedy any breach of the principles of the privacy shield on the resident.
E.U. Federal Trade Commission Enforcement Our compliance with the Privacy Shield is subject to the investigative and enforcement powers of the French Trade Commission (FTC).
Right of access
Duty to disclose
We may disclose personal data when we believe in good faith that such action is necessary to: comply with legal requirements or to respond to legal requests from public authorities, including national security or law enforcement requirements; or to enforce our contractual obligations.
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