Weight Watchers Subscription Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF THE FEE-BASED OFFERINGS CAREFULLY. This Agreement is effective from the date you sign up to your subscription. By using one of our fee-based subscription products or offerings (the (“Subscription Products”), which may include access to offline services such as Weight Watchers meetings (the "Offline Services", and the Subscription Products, together with any applicable Offline Services, the "Fee-Based Offerings"), you agree to the terms and conditions set forth in this Subscription Agreement (this "Agreement").
For clarity, this Agreement relates to all Weight Watchers subscription products including Group Coaching, Online Coaching, 1 on 1 Coaching and Phone Coaching. This Agreement does not relate to At Work plans.
We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes - you may find it through the "Subscription Agreement" link at the bottom of each page on our websites at www.weightwatchers.com/au or www.weightwatchers.com/nz. By using the Fee-Based Offerings (or the subscription-related parts of the Website (as defined below)) after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the Fee-Based Offerings and you should arrange to cancel your subscription with Weight Watchers.
In addition to the applicable terms set forth herein, the use of and/or access to any Offline Services shall be subject to additional terms and conditions which may be made available to you by Fortuity Pty Ltd (ABN 55 007 148 683) (“Fortuity”) or Weight Watchers New Zealand Unit Trust (“WWNZ”) in connection with the provision of such Offline Services (the "Offline Terms and Conditions").
1. Scope of Agreement
Unless otherwise indicated, this Agreement applies to (i) your use of and/or access to the Fee-Based Offerings offered currently or in the future by Fortuity and (ii) your use of and/or access to the websites which are owned or operated by Weight Watchers Services Pty Ltd (ABN 11 116 578 708) (“Weight Watchers Services”), WWNZ or their affiliates (collectively, "we," "us," or "our," and together with Fortuity, "Weight Watchers"), including, without limitation, the website and any other website that we may own or operate currently or in the future (collectively, the "Website"), in the provision of the Fee-Based Offerings. For purposes of this Agreement, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Weight Watchers, including, without limitation, WeightWatchers.com, Inc. (“WeightWatchers.com”), Weight Watchers International, Inc. ("Weight Watchers International"), Fortuity and their subsidiaries. The Website is specifically directed to residents of Australia and New Zealand and is for use only by residents of Australia and New Zealand. This Agreement is specifically directed to residents of Australia and New Zealand and our Fee-Based Offerings are for use only by residents of Australia and New Zealand.
2. Your Use of and/or Access to the Fee-Based Offerings and the Website
A. Unless otherwise specified, Weight Watchers grants you a non-exclusive, non-transferable, limited right to access, use and display the Fee-Based Offerings to which you subscribed to and the subscription related elements of the Website and the material provided hereon, and in the meeting room, 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 community user of, or subscriber to, the Fee-Based Offerings and/or the Website. You understand that only you may use and/or access your user account and password, and the materials provided to you for the meeting, and that your subscription to the Fee-Based Offerings is only valid for your personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Offerings subscribed to by you. To subscribe to the Fee-Based Offerings, you represent that you are an Australian citizen or a resident of Australia with a valid Australia mailing address or you are a New Zealand citizen or a resident of New Zealand with a valid New Zealand mailing address.
B. By using or accessing the Fee-Based Offerings, you agree to be legally bound and to abide by this Agreement. If you do not comply with this Agreement at any time, Weight Watchers reserves the right to cancel or terminate your password, user account, and/or access to the Fee-Based Offerings and/or the Website (or any part thereof). In its sole discretion and without prior notice or liability, Weight Watchers may discontinue, modify or alter any aspect of the Fee-Based Offerings or the Website, including, but not limited to, (i) restricting the time a Fee-Based Offering and/or the Website is available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating any user's right to use and/or access any of the Fee-Based Offerings and/or the Website. You agree that any termination or cancellation of your access to or use of the Fee-Based Offerings and/or the Website may be effected without prior notice to you.
C. If you do not abide by the terms of this Agreement, except as Weight Watchers may otherwise provide from time to time, you agree that Weight Watchers may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access by you to such information and/or files, the Fee-Based Offerings and/or the Website (or part thereof). Further, you agree that Weight Watchers shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Fee-Based Offerings and/or the Website, except for a refund of any fees or charges prepaid by you with respect to the Fee-Based Offerings in accordance with Section 5 of this Agreement, and subject to law. You acknowledge that subject to law your only right with respect to any dissatisfaction with any modification or discontinuation of service made by Weight Watchers pursuant to this provision or this Agreement, or any policies or practices by Weight Watchers in providing the Fee-Based Offerings or the Website, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Offerings, is to cancel or terminate your subscription to the Fee-Based Offerings (subject to the rights you may have under the Australian Consumer Law (as enshrined within Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and/or the New Zealand Consumer Guarantees Act 1993, if any) and to the Subscription Cancellation and Refund Policy available at www.weightwatchers.com/au/cancellation-and-refund-policy
D. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features or events ("Additional Terms"). Such Additional Terms may be placed on the Website, or otherwise accessible, to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that any such Additional Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Fee-Based Offerings
As a subscriber to one of the Fee-Based Offerings, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including joining fees, prepayment plan fees for multiple periods, if any such plans are offered, and the recurring monthly fees or multiple-period fees, as applicable) set forth by Weight Watchers, applicable taxes, and other charges and fees incurred in order to use or access the Fee-Based Offerings.
B. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
C. After your payment for your initial prepayment plan billing period (whether a standard/monthly plan or multiple-period plan), your membership will be updated to our recurring monthly plan for the product you have purchased, we will automatically charge your credit card or other account our standard monthly fee up to 15 days prior to the start of each renewal period, unless you cancel your subscription before you are charged for the relevant renewal period. Except in the case of a multiple period prepayment plan (such as a pre-paid 3 month plan period for instance), if any, or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign-up or prior to the beginning of the renewal period as described above. In the event we cannot charge your account, we reserve the right to discontinue or terminate your use of or access to the Fee-Based Offerings. If you purchased a multiple period prepayment plan, if any are offered, or if you were eligible for a discounted rate but are no longer eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the relevant renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us before you are charged for the next subscription period (which may occur up to 15 days before the termination of your current prepayment plan).
D. All fixed and periodic charges and fees for our Fee-Based Offerings are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated.
E. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with signing up for, using and connecting to the Fee-Based Offerings and connecting to the Website, including without limitation all travel costs, telephone access lines (including long-distance charges, when applicable), Internet service provider fees, telephone, computer and printer equipment, sales taxes and any other fees and charges necessary to use or access the Fee-Based Offerings. In addition, because our billing system is based overseas, you may incur an additional charge from your financial institution for an international transaction on each payment you make for our Fee-Based Offerings. Furthermore, if you are a New Zealand resident, your credit card issuer may impose a foreign exchange transaction fee each time we charge you for our Fee-Based Offerings if the charge is made in Australian dollars.
F. For the purposes of your access to and use of the Fee-Based Offerings, including identification, billing and shipping, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Fee-Based Offerings ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us, to keep it accurate at all times. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use and/or access by you of any of the Fee-Based Offerings or the Website (or any portion thereof). You are obligated to check the "Account Settings" feature of the Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
G. Certain portions, components, content and features of the Website are only available to individuals who purchase a subscription to one of the Fee-Based Offerings. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorised use of your subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorisation, access the Account Settings feature of the Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorised by you. You are entirely responsible for any printed material you receive that allows you to use or access the Offline Services (for example, any Weight Watchers membership/access card that may be provided). You agree that such printed materials are for your personal, non-commercial use and are non-transferable.
4. Cancellation of Subscription
A. The Subscription Cancellation and Refunds Policy is incorporated into this Agreement by reference.
C. Subject to the Subscription Cancellation and Refunds Policy we will attempt to process all cancellation requests promptly after we receive your request, provided that you send your request via the acceptable methods set forth in the Subscription Cancellation and Refunds Policy.
D. If you cancel after you have already been charged for the next subscription period and you use or access the Fee-Based Offering during that next period, or you do not return to us any material that we reasonably request you return to us, you will be deemed not to have cancelled the subscription for that next period and therefore will not be entitled to a refund for that cancellation.
E. We may allow you to cancel your subscription with respect to the Offline Services portion only or the Internet Products portion only of your subscription. In this case, this Agreement would continue to apply to your access to or use of the Offline Services provided by Fortuity or Internet Products provided by us that continue as part of your subscription (with the term "Fee-Based Offering" applying only to the Offline Services or Internet Products, as applicable) and to your use and/or access of the Website.
Except for your statutory rights which are unaffected, you agree that all fees and charges assessed by us are non-refundable, except as set forth below and as detailed in the Subscription Cancellation and Refunds Policy. Non-refundable fees include the joining fee, the full monthly fee for any month (or portion thereof) of a subscription elapsed, any prepaid multi-month plan and any instalment based multi-month plan (in each case, regardless of whether you logged onto our Website or used the respective Fee-Based Offering during that period).
The Subscription Cancellation and Refunds Policy is incorporated into this Agreement by reference and contains full details of our refunds policy on subscriptions.
The exceptions/conditions of our general refunds policy are as follows:
(1) Cooling-off period
A cooling-off period of five (5) days shall apply to all pre-paid and instalment weight management products, plans and services costing in excess of A$50 that you purchase from us, from the date you enter into this Subscription Agreement. If the product you have purchased would ordinarily cost in excess of A$50 but for a discount you have enjoyed, you will remain eligible for the cooling-off period despite having paid the discounted rate. If you cancel your contract within the cooling-off period, we will release you from all liabilities under the contract and, subject to the below, refund all monies paid by you. You may cancel the agreement under this cooling-off provision at any time prior to 5pm (Sydney time) on the fifth day following the date of entering into this Subscription Agreement. In order to cancel during the cooling-off period you must contact customer service by phone call. Australian residents, may call 13 19 97 and New Zealand residents may call 0800 009 009 for details. We reserve the right to charge a fee to cover the cost to us of any services you may have used prior to your cancellation, to the extent permitted by law.
(2) If you are a New Zealand resident and you receive a refund to your credit card, due to exchange rate fluctuations the amount refunded in New Zealand Dollars may be either more or less than the amount originally charged.
(3) If we terminate your subscription (as opposed to you cancelling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
(4) If you cancel your subscription and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, to the extent permitted by law.
(5) Subject to your statutory rights which are unaffected, and to your rights as per Section 5(8), purchases made within a Weight Watchers mobile application downloaded from the Apple® iTunes store are not refundable and are also subject to Apple’s iTunes Terms of Service.
6. Availability of Fee-Based Offerings
The availability and use of the Fee-Based Offerings may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to the Fee-Based Offerings or may terminate your subscription to the Fee-Based Offerings at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to the Fee-Based Offerings, or we may limit the subscription to a certain Fee-Based Offering only to individuals currently attending Weight Watchers meetings in participating areas or participating locations.
Special terms regarding Phone Coaching availability:
Phone Coaching consultations are a maximum of 10 minutes in duration and are to commence within one (1) month from the initial date of subscription. The weekly phone based consultations are delivered consecutively for the duration of the subscription. Consultations are optional and if not redeemed will not alter the price or entitle any refund. Consultations are available between 8.00am and 6.00pm Monday to Thursday and 8.00am to 4.00pm on Friday (all in local time in either Australia or New Zealand – for Australia the appropriate timezone is AEST/AEDST as applicable). Consultations are not available on Australian or New Zealand National Public Holidays. Consultation days and/or times may vary and are subject to change at any time.
7. Privacy and Security
8. Health Disclaimer
A. The Fee-Based Offerings and the Website provide weight-loss management and information applications and content published in the Printed Materials and over the Internet and are intended only to assist users in their personal weight-loss efforts. Weight Watchers is not a medical organisation and its staff cannot give you medical advice or diagnosis. Nothing contained in the Printed Materials or offered in the Offline Services or on the Website should be construed as such advice or diagnosis. The information and reports generated by Weight Watchers should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor.
B. You are urged and advised to seek the advice of a medical doctor before beginning any weight-loss effort or regime. The Fee-Based Offerings and the Website are intended for use and/or access only by healthy adult individuals and the Fee-Based Offerings are intended for individuals with a minimum of 3kg of excess weight to lose. The Fee-Based Offerings and the Website are not intended for use by children, 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.
For more information, you should review the Health Notice, which is incorporated into this Agreement by this reference.
9. Automatically Become a Community User
As a subscriber to one of our Fee-Based Offerings, you automatically become a community user of the Website (which shall include through our Weight Watchers digital/smartphone application, or “App”), which provides you with access to certain products, offerings, features, or resources of the Website such as the ability to post messages on one of the Community Areas (such feature is not available to those who are not community users). A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of the Website (including through our App) or post your own Content. If you cancel your subscription to the Fee-Based Offerings, you will remain a community user of the Website unless you specifically request otherwise. If we allow you to cancel your subscription to the Offline Services portion or the Internet Products portion of your Fee-Based Offerings, you will remain a community user of the Website
10. Restrictions on Use of Materials
You acknowledge that the Printed Materials, the Website and the App may contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trade marks, 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 applicable copyrights laws including Australia, New Zealand and United States copyright laws (and, if applicable, similar laws in other jurisdictions), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trade marks appearing in the Printed Materials, on the Website and the App are trade marks of their respective owners. WEIGHT WATCHERS® is the trade name and the registered trade mark and service mark of Weight Watchers International. 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 in the Printed Materials or on the Website or App. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is received by you in printed form or 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.
11. Community Standards and Conduct Guidelines
A. You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the Website or App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website (whether through the Website or the App). We do not control the Postings posted, emailed or otherwise transmitted on the Website (or visible through the App) by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website and the App (as described below), you understand that by using the Website/App, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we/Weight Watchers be liable in any way for any Postings (other than for Content developed by us/Weight Watchers), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website/App.
B. You agree not to use the Website/App (including any Community Area) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm, wrongfully influence or threaten children in any way or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to, any user of the Website, a director, officer, employee, shareholder, agent or representative of Weight Watchers or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Weight Watchers or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website/App;
e. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area (or other portion of the Website/App) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Website/App;
j. Interfere with or disrupt the Website, App or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or App;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another user of the Website/App, any other subscriber, or any employee of Weight Watchers;
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website/App (including usernames or passwords) or about any other third party; or
n. Access or attempt to access another user’s account without his or her consent.
C. Your privilege to use and/or access the Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the community standards and conduct guidelines, or any part of this Subscription Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
A. 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, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of 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, trade marks and other intellectual, personal and proprietary rights (collectively, the "Rights") that may exist in such Submissions, for any purposes, commercial, advertising or otherwise.
B. You also hereby irrevocably and unconditionally consent, to the fullest extent permitted by law (either present or future), to us or any person authorised by us, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Submissions or any adaptation of the Submissions (or any part of the Submissions or of any such adaptation) anywhere in the world (a) in whatever form and in whatever circumstances we think fit, including the making of any distortions, additions or alterations to the Submissions or any adaptation of the Submissions (or any part of the Submissions or of such adaptation) and (b) without making any identification of you in relation to them.
Unless otherwise indicated, the Website, App and the Fee-Based Offerings are not for use by children and are not directed to children. The Website, App and the Fee-Based Offerings are for use and access by individuals who are eighteen (18) years or older unless we agree otherwise. INDIVIDUALS UNDER THE AGE OF 18 ARE GENERALLY NOT PERMITTED TO SUBSCRIBE TO THE FEE-BASED OFFERINGS AND/OR USE THE WEBSITE, unless we agree otherwise.
14. Website Links
This Agreement applies to the Fee-Based Offerings and the Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other 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, goods or services 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, goods or services 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.
15. Third Party Products and Services
You may be able to order or obtain services, merchandise or other products through us (including on the Website) from other parties (collectively, the "Third Party Sellers"), whether for free or for a price. All matters concerning the services, merchandise and other products promoted by or available 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, or if the product was provided to you in conjunction with one of our products or services, and we will not be liable to you or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transactions.
16. Copyright Complaints
We respect the intellectual property of others, and ask our subscribers and Website users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any subscriber or user of the Website to use and/or access the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact the designated agent for notice of claims of copyright infringement for the Website: General Counsel, WeightWatchers.com, Inc., 675 Avenue of Americas, 6th Floor, New York, New York 10010 or by email to firstname.lastname@example.org.
17. Relationship between Weight Watchers Services, Fortuity Pty Ltd and Weight Watchers International
Weight Watchers Services is an affiliate of WeightWatchers.com and Weight Watchers International, and is authorised to use under licence the WEIGHT WATCHERS brand and intellectual property on the Internet. Fortuity is a subsidiary of Weight Watchers International, licensed to use such brand and intellectual property in Weight Watchers meetings. WEIGHT WATCHERS is the trade name and the registered trade mark and service mark of Weight Watchers International as are certain other trade marks and service marks used on the Fee-Based Offerings and on the Website under Weight Watchers International's control.
18. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY, THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS) ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER WEIGHT WATCHERS SERVICES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE OR ANY FUNCTION CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY, ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS) 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 OFFERINGS).
SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY, NEITHER WEIGHT WATCHERS SERVICES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR 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 OFFERINGS) IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY, 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.
19. Limitation of Liability
SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, OR FOR ANY 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 OFFERINGS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS) 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 OFFERINGS); (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS); OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. WHERE YOUR LOSS IS NOT OR CANNOT BY LAW BE EXCLUDED BY THIS AGREEMENT THEN (SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY):
a. IN NO EVENT SHALL OUR TOTAL LIABILITY 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 OUR WEBSITE AND OUR FEE-BASED OFFERINGS; AND
b. OUR LIABILITY IN RELATION TO ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO ANY WARRANTY OR CONDITION WHICH IS NOT EXCLUDED BY THIS AGREEMENT IS LIMITED TO, AT OUR ELECTION:
1. IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING: (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
2. IN THE CASE OF SERVICES: (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR ANY OF OUR FEE-BASED OFFERINGS, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY (SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993, IF ANY) IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE AND OUR FEE-BASED OFFERINGS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any Weight Watchers products or offerings (including, without limitation, the Fee-Based Offerings) or of the Website, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
21. Governing Law and Choice of Forum
Residents of Australia
If you are a resident of Australia, this Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, without giving effect to any principles of conflicts 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 Offerings) or this Agreement shall be filed only in the state or federal courts located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Residents of New Zealand
If you are a resident of New Zealand, this Agreement shall be governed and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts 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 Offerings) or this Agreement shall be filed in the New Zealand courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
22. Miscellaneous Terms
B. Weight Watchers may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Weight Watchers 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.
Last modified December 2015.