Terms and Conditions of Use
IMPORTANT - These terms and conditions govern your use of the website currently located at www.ITV.com/feelgoodfactor ("Site") and the services offered thereon. You should read them carefully prior to registering and using this Site. You should only register and use this Site if you have read, understood and agreed with these terms and conditions. These terms and conditions represent a legally binding agreement between you and Weight Loss Resources Limited (referred to in these terms and conditions as "WLR", "we").
You should also read ITV plc's Terms and Conditions which will govern your general use of the Site and ITV's Privacy Policy: this is a separate set of terms and conditions that sets out how we intend to use the personal details that you supply to us. By accepting these terms and conditions you also accept ITV's Terms and Conditions and Privacy Policy.
We have written these terms and conditions in what we hope you will find to be simple English. If there is any part of them that you do not understand you should call our Customer Services team. Their contact details are set out below. They will answer any queries or complaints that you may have either about these terms and conditions or any other aspect of your use of the Site.
1. Who Are We?
1.1 This Site is operated for ITV Consumer Limited ("ITV") by Weight Loss Resources Limited. The registered office of Weight Loss Resources Limited is at 29 The Metro Centre Woodston
1.2 Any complaints should also be directed to the WLR Customer Services team. If you have any complaint or is
1.3 Customer Services Team Email: helpteam@weightlossresources.co.uk - WLR will endeavour to respond to general email messages within 5 working days. If you have an email complaint WLR will endeavour to respond as soon as practical and in any event within 2 days of receipt.
2. Updates
2.1 It is your responsibility to read and understand these terms and conditions. Your action of registering and/or using and continuing to use this Site will be an indication of your acceptance of the then current terms and conditions governing this Site. We reserve the right, from time to time, and at our sole discretion, to change or update these terms and conditions.
2.2 All changes to these terms and conditions will be published on this Site. Upon publication, each change will become effective and you will be deemed to be aware of and bound by them. You should therefore review these terms and conditions regularly to ensure that you are up-to-date with all the current terms and conditions. You should print out and retain a copy of these terms and conditions and retain them for your records. If you disagree with the revised terms and conditions, you should discontinue your use of this Site immediately.
3. Access
3.1 A Access to this Site is limited to authorised users who hold a valid account ("User Account"). By accessing and using this Site, you represent and warrant that the information provided by you is true, accurate and complete. You agree to promptly update all information provided by you if and when it changes. You understand and agree that WLR may verify the accuracy of the information you provide as it sees fit, including by contacting any individual(s) or other person(s) in respect of whom you submit information via your User Account. By submitting information via your User Account, you grant to WLR and to ITV all necessary rights to use such information for the purposes of their business and to aid WLR in providing an accurate and effective service in delivering its products and services ("Usage Right"). You agree that you will do any act and execute any document required to ensure that ITV and WLR has the benefit of the Usage Right. You further grant the producer of the Feelgood Factor, Endemol UK plc ("Endemol") all necessary rights to use data supplied to the Site (including your data) on an anonymised basis within the programme Feelgood Factor to demonstrate statistical trends and patterns. You confirm that all information that you provide at any time, whether on registration, in response to any security check or otherwise in connection with your account, is complete, true in all respects, accurate and not misleading. You further agree to inform WLR immediately if there is any change to such information. Your registration may not be accepted and your ongoing ability to use this Site may be put in jeopardy unless you provide WLR with all the information that WLR asks from you to in order to operate the Site lawfully, responsibly and in full compliance with these terms and conditions.
3.2 You will be able to access some areas of the Site without registering as a user. However, by accessing any part of the Site you agree to be bound by these Terms and Conditions.
4. Registration
Over 18's only. To register as a member of the Site you must be over eighteen years of age.
Keep Your Login Details Secure. If you register with the Site, you must choose your own unique username and password. It is your responsibility to ensure that these details are kept private, secure and confidential at all times and to protect their secrecy and confidentiality. You are responsible for all content supplied using these login details and your account. Any unauthorised use of your login details shall be your sole responsibility and will be deemed as your use. If you lose or forget your username and/or password, or if you are concerned that a third party is aware of them, please contact WLR's Customer Services immediately using the details set out above. THE DECISION TO ISSUE A PASSWORD TO YOU IS IN WLR'S SOLE DISCRETION AND WLR RESERVES THE RIGHT TO REVOKE YOUR PASSWORD AT ANY TIME. Use of any password is
5. Health - Caution in use of the Site
5.1 It is strongly recommended that you should seek medical advice before starting any weight loss or nutritional programme. The information on the Site does not offer medical advice or act as a substitute for medical treatment. You should not use the Site if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs.
5.2 The 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 Site does not constitute advice tailored to an individual's specific requirements.
5.3 If you suffer from, or think you may suffer from, a medical condition you should consult your doctor before starting a weight loss and/or exercise regime. If you decide to start exercising after a period of relative inactivity you should start very slowly and consult your doctor if you experience any discomfort, distress or any other symptoms. If you feel any discomfort or pain when you exercise, do not continue. If you suffer from any food allergy, it is your responsibility to check the ingredients of food items.
6. What are the rules about me supplying content?
6.1 If it is the case that you supply/upload any content to the Site – whether it be pictures, text, sound recordings or whatever – the content you supply must comply with the following rules: You will not upload to the Site any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. You agree not to infringe any laws when supplying/uploading content to the Site. You agree not to transfer files, which contain viruses or other harmful programs. We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules.
6.2 WLR and/or ITV will use any pictures, text, sound recordings or other material that you send to WLR for the purpose stated at the point of upload or promotion. You hereby irrevocably assign (i.e. you can't go back on this promise) to ITV (by way of assignment of present and future copyright) any and all interest that you have or may come to have in emails, notes, message/billboard, ideas, suggestions, concepts or other material submitted by you for the full duration of all such rights throughout the world. You hereby waive all moral rights to which you may be entitled (e.g. the right as author to object to treatment of your content) to allow us unrestricted use of the same in the manner of a sole and exclusive copyright owner. ITV will be entitled, consistent with its Privacy Policy to use the material or any of its elements for any type of use without limitation, in any media whether now known or hereafter devised throughout the world (for example, on its website or in its newsletter or any other ideas it comes up with!).
7. Cancellation
7.1 You can cancel your User Account and itv.com user account by sending an email to ITV at itv.comsupport@itv.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.
7.2 The Site services will only be available for a limited period only. When WLR's relationship with ITV comes to an end WLR may no longer be able to provide you with access to the www.ITV.com/feelgoodfactor site; in such circumstances WLR will transfer you via link to its proprietary site www.weightlossresources.co.uk and you can start a paid membership programme unless you inform WLR that you wish to cancel your membership (if the www.ITV.com/feelgoodfactor site is unavailable we would request that you notify WLR of your request to cancel by emailing Customer Services as set out in (1) above).
7.3 The suspension or cancellation of your membership and your right to use the Site shall not affect either party's rights or liabilities.
8. Intellectual Property
8.1 The content of the Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the 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 Site without written permission from WLR.
8.2 No licence is granted to you in these Terms and Conditions to use any trade mark of ITV or WLR or their affiliated companies.
9. Links To Other Sites and Services
This Site contains links to other third party Sites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party Sites or services and are not responsible for their contents. We do not endorse the material contained in their Sites or services, and have no association with their operators. You agree that we won't be party to any transaction or contract with a third party that you may enter into and we won't be liable to you for any loss or damage which you may suffer by using those third party Sites and services. You agree that you will not involve WLR or ITV in any dispute you may have with such third party Sites and services.
10. Limitation of Liability
10.1 You recognise and agree that your legal relationship is solely with WLR. To the extent that you have any is
10.2 Nothing in these terms and conditions removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by the law. These terms and conditions also do not affect the rights that are granted to you as a consumer by the law. Otherwise, we will not be liable to you for any matter relating to the services offered by us.
10.3 No Warranties made by WLR. Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. Unless specifically stated herein, and except as required by law, we make no representations and expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, accuracy, satisfactory quality, implied warranties of title and non-infringement. We will also not be liable to you if you suffer loss or inconvenience because of the failures of persons or systems that we do not directly control – for example, mobile phone network operators, internet service providers, software providers and telephone traffic handlers.
10.4 No Liability For Content & Third Party Content. You understand and agree that to the maximum extent permitted by law, we shall not be liable to you for the content of or use by you of any information, services, advertising, marketing, or other content on the Site (whether directly or via links to or from other sites or resources). We do not endorse the content of any third party-supplied advertisements or information and we make no warranties with respect to such content. In particular, we shall have no liability in respect of material on the Site which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with any applicable laws and regulations. The provision by us of a link to another Site does not constitute any endorsement or approval of the materials at that location.
10.5 General Exclusion of Loss. Except as otherwise provided by law, we will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of using or in connection with your use of the Site.
10.6 Limitation of Liability. Except as otherwise provided by any applicable laws, our maximum liability to you for any claim in contract, tort, or in any other cause of action arising in connection with the Site shall be £2,000 (or currency equivalent).
11. Termination
11.1 WLR may, in its sole discretion, terminate your password, user account (or any part thereof) or use of this Site without notice and for any reason.
11.2 Termination, suspension or cancellation of these terms and conditions or your access rights shall not affect any other right or relief to which WLR may be entitled, at law or in equity.
11.3 Upon termination, all rights granted to you under these terms and conditions will automatically terminate and immediately revert to WLR.
12. ITV and third party information
12.1 From time to time ITV and third parties carefully selected by ITV 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 ITV (who may in turn pass such information to the third parties referred to above) in order for you to receive information from ITV and third parties in relation to such services and products.
12.2 If you wish to stop receiving information from ITV and/or other third parties please let us know by contacting Customer Services (details above).
13. Miscellaneous
13.1 If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
13.2 Unless otherwise specified, the Site is presented solely for the purposes of and promotion within the territories that WLR operate. This Site is controlled and operated by WLR from its offices within the
13.3 Save for ITV, 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.
14. The legal position of these terms and conditions
These terms and conditions form a legally binding agreement between you and us. These terms and conditions shall be governed by English law unless you live in
These terms and conditions were last updated on 13 January 2009.