Tesco Diets website Terms & Conditions

These Terms and Conditions govern your use of the Tesco Diets website (Tesco Diets Site) and your relationship with Tesco Ireland Limited (Tesco, 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 Tesco Diets Site.

1. Use of the Tesco Diets Site
   You will be able to access some areas of the Tesco Diets Site without registering as a member. However, by accessing any part of the Tesco Diets Site you agree to be bound by these Terms and Conditions.THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments
   These Terms and Conditions may be updated 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 Tesco Diets Site. If you continue to use the Tesco Diets Site after the date on which any changes come into effect, your use of the Tesco Diets 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 Tesco Diets 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 Tesco Diets 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 your personal account on the Tesco Diets 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 Tesco Diets Site, membership is automatically renewed after the Initial Membership Term (IMT) and monthly thereafter. Members automatically receive a complimentary subscription to Tesco Diets 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 Visa Electron, Delta debit cards. Your payment details will be encrypted to minimise the possibility of unauthorised access or disclosure. Alternatively, you may use your Clubcard Vouchers (via Tesco Clubcard Deals) to purchase a six month membership. At the time of registration, you will be asked to provide credit/debit card details, the membership fee is charged upon registration. Thereafter you will be charged monthly until your membership is cancelled (for cancellation details see paragraph 12 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. Clubcard
   If you have a Tesco Clubcard you can earn Clubcard points on the Tesco Diets Site at the rate of 1 point per £1 spent. Any points that you earn will be credited to your Clubcard account within 30 days, and will appear on your next Clubcard statement. If you are given a refund for money spent on the Tesco Diets Site the appropriate number of points will then be deducted from your Clubcard account.
6. Password and Security
   If you register to become a member of the Tesco Diets 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 Tesco has reason to believe that there is likely to be a breach of security or misuse of the Tesco Diets Site, we may require you to change your password or we may suspend your membership in accordance with paragraph 12 below.
7. Excluded Services
   The services provided by the Tesco Diets Site do not include the provision of computer or other necessary equipment to access the Tesco Diets Site. To use the Tesco Diets 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 optimised 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.
8. Intellectual Property
   The content of the Tesco Diets Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Tesco Diets 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 Tesco Diets Site without written permission from Tesco. No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco or its affiliated companies including, without limitation, the trade marks TESCO, TESCO TESCO DIETSUK, TESCO DIETS,TESCO.COM and TESCO CLUBCARD.
9. Your Use of the Tesco Diets Site
   The Tesco Diets Site provides message boards and chat rooms that allow interaction between users. You may not use the Tesco Diets Site, including the message boards and chat rooms, for any of the following purposes:
   • disseminating any unlawful, harassing, libelous, 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 Tesco Diets Site; or making,
   • transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
10. Tesco reserves the right to refuse to post material on the Tesco Diets Site or to remove material already posted on the Tesco Diets Site.
    Tesco 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 and chat rooms. You will be responsible for:
    • any claim by any third party that the use of the Tesco Diets 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 Tesco Diets 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 Tesco Diets Site by you.
    By submitting material you are granting Tesco 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.
11. Availability of the Tesco Diets Site
    Although Tesco aims to offer you the best service possible, Tesco makes no promise that the services at the Tesco Diets Site will meet your requirements. Tesco 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. Tesco Diets does not suspend or cancel members' accounts, without prior notification to the member. Your access to the Tesco Diets Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco will attempt to restore the service as soon as it reasonably can.
12. Cancellation of Membership and Refund Entitlement
    By registering as a member you agree that we will make the members' services on the Tesco Diets Site available to you immediately. The provision of these services means that you will not be entitled to cancel your membership pursuant to the Consumer Protection (Distance Selling) Regulations 2000, i.e. you will not have the usual cooling-off period.
    
    No cancellation option is available during the first day of membership. However, outside of this you are free to set your account to cancel at any time during your membership. All cancellation options are available in the 'My Account' section of your personal online account. Alternatively, we will accept requests to cancel via email. Cancellation will take affect from the next membership renewal date and you will not be entitled to a refund for any monthly membership fee already paid.
13. Health - Caution In Use Of The Site
    Tesco strongly recommends that you should seek medical advice before starting any weight loss or nutritional programme. The information on the Tesco Diets Site does not offer medical advice or act as a substitute for medical treatment. You should not use the Tesco Diets Site if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs. The Tesco Diets Site provides general information and guidance on weight loss and weight loss management. Although it aims to help users in their efforts to lose weight, information on the Tesco Diets Site does not constitute advice tailored to an individual's specific requirements.
14. Tesco's Liability
    Although Tesco will use reasonable skill and care in providing the Tesco Diets Site, it gives no other warranties or guarantees in relation to the Tesco Diets Site. You must bear the risks associated with the use of the Internet. The Tesco Diets Site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the Tesco Diets Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Tesco 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 Tesco Diets Site. If Tesco is informed of any inaccuracies in the material on the Tesco Diets 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 Tesco Diets Site with any of your equipment, software or telecommunications links;
    • technical problems including errors or interruptions of the Tesco Diets Site;
    • unsuitability, unreliability or inaccuracy of the Tesco Diets Site;
    • inadequacy of the Tesco Diets 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 Tesco's liability for personal injury or death caused by its negligence.
15. Third Party Websites
    As a convenience to Tesco customers, the Tesco Diets Site includes links to other web sites which are beyond its control. Tesco is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the Tesco Diets Site (unless initially approved by Tesco Diets).
16. Advertising and Sponsorship
    Part of the Tesco Diets Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Tesco Diets Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
17. 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.
18. International Use
    Tesco makes no promise that materials on the Tesco Diets Site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland, and accessing the Tesco Diets 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.
19. 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 Tesco ignores this, Tesco 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.

    Tesco 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.

    The Tesco Diets Site is owned and operated by Tesco Ireland Limited, a company registered in Ireland whose registered office is at Gresham House, Marine Road, Dun Laoghaire, Co. Dublin, Ireland.

    Email at help@tescodiets.com or help@tescodiets.ie

    By telephone - UK National Rate call 0845 0822 441 or IRE call 01 877 0027

    By post:

    Tesco Diets, Tesco.com, 3rd Floor, Cirrus C, Shire Park, Welwyn Garden City, Herts AL7 1AB.

    Tesco Diets,Unit 5 Rooftop Garden Offices, Clare Hall Shopping Centre, Malahide Road, Dublin 17, Rep of Ireland.

    Company Registration No. 19542, VAT No. [IE 8W22121I]