Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OFFERINGS CAREFULLY as they affect your rights and liabilities under the law and set out the terms under which Vavista makes the products available to you.

Vavista Life is operated by VAVISTA Limited Registered in England No. 8267083. NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS

General

These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts .If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to or use of, the Website may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites. If you do not agree to this Agreement, you should not use the Website and/or the Fee-Based Products and you should arrange to cancel your community user account or subscription with us, as applicable, by notifying Website Customer Service in writing in accordance with the provisions of this Agreement.

From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

Scope of Agreement

Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by VAVISTA Limited (“VavistaLife.com”) and our Affiliates (collectively, “VAVISTA “we”, “us” or “our”), including, without limitation, this website and any other United Kingdom website that we may own or operate currently or in the future (collectively, the “Website”), and all of the Fee-Based Products that are offered to you through the Website by  VavistaLife.com currently or in the future.

Use of the Website

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon that you have subscribed to and in respect of which you have paid the applicable fees and charges, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a subscriber to, the Website and/ or  VavistaLife.com’s Products. You understand that only you may use your user account and password, and that your subscription is only valid for your own personal, non-commercial use and may not be shared with others. By using the you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof)

We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of subscriptions for any VavistaLife.com’s  Fee-Based Products. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.VavistaLife.com. Any new or amended version of this Agreement will take effect, and will govern all use of the website you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website be governed by the new or amended version of this Agreement, you should notify us in writing to [email protected] and from the date when the new version takes effect, you must cease to use the Website you have subscribed to.

In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or  VavistaLife.com’s  Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the Website or VavistaLife.com’s Fee-Based Products may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or VavistaLife.com’s Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites and/or VavistaLife.com’s Fee-Based Products.

You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing of the Website and/or the Fee-Based Products, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with VavistaLife.com’s Fee-Based Products, is to cancel or terminate your subscription or community user account, as applicable, in accordance with paragraphs 4 and/or 8 of this Agreement.

From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features, promotions or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

Third Party Products and Services

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not Vavista. Neither Vavista, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Vavista nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized Vavista or Licensor representative while acting in his/her official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. Vavista and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.

You may order services, merchandise or other products through the Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Links to Third Party Products and Services

These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Health Disclaimer

The Website and VavistaLife.com’s Fee-Based Products provide weight loss management and healthcare advice with content published over the Internet and are intended only to assist users in their personal health improvement. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or regimen. The Website and the VavistaLife.com’s Fee-Based Products are intended for use only by healthy adult individuals. The Website and VavistaLife.com’s Fee-Based Products are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

Before starting any weight reduction plan, you should make sure that you are not underweight.

Privacy and Security

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. By using the Website and/or the Fee-Based Products you consent to your personal data being used and processed in accordance with our Privacy Policy. In particular, you agree that we can place performance and functionality cookies in order for us to provide you with the features associated with your use of the Website as a community user or subscriber.

If you are a community user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

By agreeing to these Terms and Conditions you are also agreeing to our privacy policy.

Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that the Website contains information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are the property of us and/or our licensors and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such Content or are licensed to use such Content (including the selection co-ordinating, arrangement and enhancement of such Content). All trademarks appearing on the Website are trademarks of their respective owners. VAVISTA® is the trade name and the registered trademark and service mark of VAVISTA (Vavista Limited. Registered in England No. 8267083).  Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or the Website any Content (collectively, the “Submissions”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, transferable and sub-licensable, non-exclusive right (including any moral rights) and license, including the right to sublicense, (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions, for any purpose, commercial, advertising or otherwise. You also warrant that: (i) you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions; (ii) to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above; and (iii) that each person depicted in any images, photos and/or videos contained in your Submission (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence. You further acknowledge that us and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any third party holder of Rights therein. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERING, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, VAVISTALIFE.COM’S FEE-BASED PRODUCTS) ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY.

NEITHER US, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR ANY FUNCTION CONTAINED IN THE WEBSITE OR THE FEE-BASED PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR THE SERVERS THAT MAKE THE WEBSITE AND THE FEE-BASED PRODUCTS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS).

NEITHER US NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (F) EVENT REASONABLY BEYOND OUR CONTROL; AND/OR (G) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF VAVISTA, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR USING ANY FEE-BASED GOODS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE FEE-BASED GOODS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF USE OF SUCH FEE-BASED GOODS AND TERMINATION/CANCELLATION OF YOUR SUBSCRIPTION IN RESPECT THEREOF. THESE EXCLUSIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) (together, the “Damages”) arising from your improper use of the Website or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Fee-Based Products for which you have subscribed, of any intellectual property or other right of any person or entity.

Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to your use of the Website (including, without limitation, the Fee-Based Products) or this Agreement shall be filed only in the High Court (England) and you hereby consent and submit to the personal jurisdiction of such court for the purpose of litigating any such action.

Miscellaneous Terms

In any action against us arising from the use of the Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with our Privacy Policy and the Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control. This Agreement may be modified only by our posting of changes to this Agreement on the Website in accordance with paragraph 2 hereof, or by written agreement of both parties. Each time you access the Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

We shall not be responsible for lack of availability of the Website and/or the Fee-Based Products for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of Vavista. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible. Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.

Customer Services

If you have any questions or concerns, you can contact us by e-mail:

E-mail: [email protected]

Or by post at the following address.

Vavista, Lysander House, Bristol, BS107TQ

This Website is operated by, VAVISTA LIMITED. VAVISTA LIMITED is a company incorporated in England and Wales. Company Registration Number 8267083.

Registered Address:  LYSANDER HOUSE CATBRAIN LANE BRISTOL ENGLAND BS10 7TQ