Terms and conditions of use – WeightWatchers EU Website
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your membership with us.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the WeightWatchers EU website which is owned or operated by WW Netherlands B.V. ("WW") and our Affiliates (collectively, "we," "us," or "our"). For purposes of these Terms & Conditions, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with WW, including, without limitation, WW International, Inc. (“WW International”), WW.com, LLC (“WW.com”) and their respective subsidiaries and affiliates.
2. Terms & Conditions - In General
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).
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.
3. 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 this Website 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, data base rights, 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 applicable copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. The Weight Watchers Logo, WW Logo, Weight Watchers, Points, ZeroPoint and Med+ are the trade name and the trademark and servicemark of WW International, Inc. 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 this 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.
4. Privacy and Security
We are committed to protecting your privacy and security. Please take time to read our Privacy Policy as it explains how we use your personal information.
5. Children
This Website is not for use by children and is not directed to children. This Website is for use and access by individuals who are eighteen (18) years or older.
6. Links
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.
7. Relationship between WW Netherlands B.V. and WW International
WW is an affiliate of WW.com and WW.com is a subsidiary of WW International, and is authorised to use under licence the WW brand and intellectual property on the Internet. WW is the trade name and the registered trademark and service mark of WW International as are certain other trademarks and service marks used by WW on this Website under WW International’s control.
8. Health Disclaimer
This Website provides access to weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. WW is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in or accessible as a result of your interaction with this Website should be construed as such advice or diagnosis or as a substitute for doctor or specialist consultation, evaluation, or treatment.
You are urged and advised to seek medical advice before beginning any weight loss effort or regime. This Website is intended for use only by healthy adult individuals. The Website is 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.
For more information, you should review our Health Notice, which is incorporated into these Terms & Conditions by this reference.
9. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
NEITHER WW, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS 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.
NEITHER WW, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability
Unless caused by our negligence or own breach, we are not responsible for:
any use by you of the Website which isn’t authorised by us under these Terms & Conditions, including loss of profits if you attempt to use the Website for any commercial purpose;
any malfunction or interruption to the Website due to circumstances outside of our control that prevent us from fulfilling our obligations to you, or that can be considered a “force majeure event” under local law (where applicable). This could be due to things such as: (i) lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action; or (ii) other actions of third parties we do not control;
any lack of functionality or failure to provide any part of the Website, or any loss of content or data that is due to:
malfunctions or faults in your chosen equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices); ot
unpredictable and insurmountable actions by third parties.
11. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the country within the European Economic Area in which you live. You agree that the courts of the country within the European Economic Area in which you live will have non-exclusive jurisdiction.
12. Miscellaneous Terms
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. These Terms & Conditions, together with our Privacy Policy and the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to our online subscription offering, in the event of any conflict between these Terms & Conditions and the Subscription Agreement, your Subscription Agreement shall control.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions 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 these Terms & Conditions, or to exercise any right under the Terms & Conditions, 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.
Unless specifically provided for in these Terms & Conditions, no third party shall have any right hereunder.
This Website is operated by WW Netherlands B.V., a company incorporated in the Netherlands, company registration number 29048656 and its registered office is at: Breda Business Park #1452, Regus, Breda Business Park II BV, Office 328, Verlengde Poolsweg 16. Breda, 4818 CL, Netherlands.
If you have any questions or concerns, you may contact us at the address above or via 24/7 Chat Support in the WW app.