Terms and Conditions

These Terms and Conditions govern your use of the EWellbeing website (eWellbeing Site) and your relationship with EWellbeing Limited (EWellbeing, 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 eWellbeing Site.

1. Use of the eWellbeing Site
You will be able to access some areas of the eWellbeing Site without registering as a member. However, by accessing any part of the eWellbeing Site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. 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 email and/or by putting a notice on the eWellbeing Site. If you continue to use the eWellbeing Site after the date on which any changes come into effect, your use of the eWellbeing 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 eWellbeing Site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation).
3. Membership
To register as a member of the eWellbeing 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 eWellbeing Site. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. Unless specified otherwise on the eWellbeing Site, membership is automatically renewed after the Initial Membership Term (IMT) and monthly thereafter. Members automatically receive a complimentary subscription to eWellbeing News, our bi-weekly newsletter containing nutritional, fitness and other related information.
4. Payment
You can pay membership fees by any Mastercard or Visa credit card, or Maestro, Visa Electron, Delta, Switch, Laser or Solo debit cards. Your credit/debit card details can be entered on the eWellbeing 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 IMT. 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.
5. Password and Security
If you register to become a member of the eWellbeing 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 EWellbeing has reason to believe that there is likely to be a breach of security or misuse of the eWellbeing Site, we may require you to change your password or we may suspend your membership in accordance with paragraph 11 below.
6. Excluded Services
The services provided by the eWellbeing Site do not include the provision of computer or other necessary equipment to access the eWellbeing Site. To use the eWellbeing 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. Please note, our site is optimized when using Internet Explorer as your browser - we cannot be responsible for the technical limitations / restrictions experienced when using other browser technology. We also encourage all members to add our email to their Inbox Address list, to ensure they receive all member communication from us. We will endeavour to send all email communication related with the service, but cannot be responsible for non delivery of emails, due to email settings on individual member PC's.
7. Intellectual Property
The content of the eWellbeing Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the eWellbeing 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 eWellbeing Site without written permission from EWellbeing.
No licence is granted to you in these Terms and Conditions to use any trade mark of EWellbeing or its affiliated companies including, without limitation, the trade marks EWELLBEING, EWELLBEING UK,EWELLBEING.COM and EWELLBEING.CO.UK.
8. Your Use of the eWellbeing Site
The eWellbeing Site provides message boards that allow interaction between users. You may not use the eWellbeing 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 eWellbeing Site; or making,
" transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
EWellbeing reserves the right to refuse to post material on the eWellbeing Site or to remove material already posted on the eWellbeing Site. EWellbeing 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 eWellbeing 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 eWellbeing Site by you infringes that third party's copyright or other intellectual property rights of whatever nature;
" any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the eWellbeing Site by you.
By submitting material you are granting EWellbeing 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.
9. Availability of the eWellbeing Site
Although EWellbeing aims to offer you the best service possible, EWellbeing makes no promise that the services at the eWellbeing Site will meet your requirements. EWellbeing 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. eWellbeing does not suspend or cancel members' accounts, without prior notification to the member.
Your access to the eWellbeing Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. EWellbeing will attempt to restore the service as soon as it reasonably can.
10. Cancellation of Membership and Refund Entitlement
You are free to set your account to cancel at any time during your membership.
The online cancellation option is available in the 'My Account' section. This is located in the right-hand side menu bar of your online account. Alternatively, you can email our customer services at the email address below (please note - if you wish to cancel your account within the first 7 days, you must follow the process outlined below ).
If you cancel after the Initial Membership Term, cancellation will take effect from the starting date of your next membership month. You will not be entitled to a refund for any monthly membership fee already paid.
If you have selected the 3 month payment plan option, you have committed to 3 monthly payments - if you wish to cancel after 7 days, we will bill you for the outstanding monies due within the first 3 months immediately. If you have already paid two months membership fee at the point of cancellation, we will process the third month's payment on the existing due date.
Exception - Early Cancellation:
If you wish to cancel within the first seven days of joining, please visit the My Account section, and select the Early cancellation option. This option becomes available after 24 hours of membership. This will remain active until the end of day 6 (For example, if you join on Monday, you will have the option to cancel and qualify for the relevant refund anytime before midnight on Sunday). If you wish to cancel early, please use this facility during this timeframe. Only early cancellation requests submitted through this form will be considered.
Refund entitlement:
If you cancel your membership within 7 days of joining the eWellbeing Site you will be eligible for a refund. You will receive a full refund minus a cancellation fee of £3.99. EWellbeing will keep this cancellation fee, as the fee for having already created your personal diet plan and because, by requesting membership, you are agreeing that we will make the members' services on the eWellbeing Site available to you immediately. After 7 days the charge for the Initial Membership Term is non-refundable.
For your own records, we advise you to keep a copy of any request sent.
The suspension or cancellation of your membership and your right to use the eWellbeing Site shall not affect either party's rights or liabilities.
EWellbeing may suspend or cancel your membership immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
Paragraphs 8, 9, 12 and 13 of these Terms and Conditions shall survive cancellation
11. Health - Caution In Use Of The Site
It is your responsibility to ensure that they have taken adequate medical precautions before using eWellbeing and any advice or guidance provided by EWellbeing.
EWellbeing strongly recommends that you should seek medical advice before starting any weight loss or nutritional programme. The information on the eWellbeing Site does not offer medical advice or act as a substitute for medical treatment. You should not use the eWellbeing Site if you are pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs.
The eWellbeing Site provides general information and guidance on wellbeing and healthy active lifestyle management. Although it aims to help users in their efforts to strive for wellbeing, information on the eWellbeing Site does not constitute advice tailored to an individual's specific requirements.
12. EWellbeing's Liability
Although EWellbeing will use reasonable skill and care in providing the eWellbeing Site, it gives no other warranties or guarantees in relation to the eWellbeing Site. You must bear the risks associated with the use of the Internet.
The eWellbeing Site provides content from other Internet sites or resources and while EWellbeing tries to ensure that material included on the eWellbeing Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. EWellbeing 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 eWellbeing Site. If EWellbeing is informed of any inaccuracies in the material on the eWellbeing 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 eWellbeing Site with any of your equipment, software or telecommunications links;
" technical problems including errors or interruptions of the eWellbeing Site;
" unsuitability, unreliability or inaccuracy of the eWellbeing Site;
" inadequacy of the eWellbeing 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 EWellbeing's liability for personal injury or death caused by its negligence.
13. Third Party Websites
As a convenience to EWellbeing customers, the eWellbeing Site includes links to other web sites which are beyond its control. EWellbeing is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the eWellbeing Site (unless initially approved by eWellbeing).
14. Advertising and Sponsorship
Part of the eWellbeing Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the eWellbeing Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
15. 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.
16. International Use
EWellbeing makes no promise that materials on the eWellbeing Site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland, and accessing the eWellbeing 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.
17. 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 EWellbeing ignores this, EWellbeing 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.
EWellbeing shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
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.