TERMS AND CONDITIONS

You are ultimately responsible for all decisions pertaining to your personal health and wellbeing. Statements within the Club 421 website, social media group and all other Club communication channels have not been evaluated or approved by The Food Standards Agency (FSA) or Food Standards Scotland (FSS). Information given is not intended to diagnose, treat, cure or prevent any medical condition. Content should not be considered a substitute for professional medical expertise or treatment.

By subscribing to our services your agreement to the following terms is automatically implied.

Club 421 provides health, wellness, nutrition and fitness information, which may consist of online information, weight management plans, recipes, exercises, forums and a chat service for coaching and consultation (Premium plan). Our websites, forums, social media groups and coaching service are made available subject to this Medical Disclaimer. By subscribing to our services your agreement to our terms is automatically implied.

You must read the disclaimer and complete the checklist below.

 1      Health checklist

1.1   We always recommend speaking to your usual or appropriate health professional before starting any weight loss or exercise program.

1.2    If you think you may be suffering from any undiagnosed medical condition, you should seek immediate medical attention.

1.3    The Club 421 programs are not recommended for the following groups of people:

(a)    Anyone who is underweight and/or has an eating disorder, or a history or suspicion of an eating disorder.

(b)    Children (under 18 years old)

(c)    Type 1 diabetics

(d)    Pregnant women, breast feeding mothers or anyone undergoing fertility treatment

(e)    Anyone who has a significant psychiatric disorder or history of substance abuse.

(f)     Anyone who is under active investigation or treatment, or has a significant medical condition affecting ability to comply with dietary changes or calorie restriction.

(g)    Anyone who has had a recent cardiac event, myocardial infarction or cerebrovascular accident (<3 months previously) or other heart abnormalities.

(h)    Anyone who has had uncontrolled heart disease, uncontrolled hypertension, or kidney failure

(i)     Anyone who is frail or recovering from significant surgery (<6 months ago).

1.4    We always recommend speaking to your usual or appropriate health professional before starting any exercise program. By signing up to our programmes you agree to our terms and conditions and confirm that you are fit and well to perform any exercise.

 2     MEDICAL DISCLAIMER

2.1    Our websites, social media platforms and programs contain general information about medical conditions, nutrition, health and wellness. The information is not advice and should not be treated or construed as such.

2.2    Any medical information on our websites, social media platforms and programs is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the medical information on our websites, social media platforms and programs. You must not rely upon such information for any particular diagnosis, treatment, or care. Our websites, social media platforms and programs are not a substitute for medical advice and/or medical treatment.

2.3    Without limitation, we do not warrant or represent that the medical information on our websites, social media platforms and programs will be constantly available, or available at all; nor is it complete, true, accurate, current and not misleading.

2.4    Before starting any weight loss program, you should speak to your doctor. You must not rely on the information on our websites, social media platforms and programs as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

2.5    The Company, authors and contributors cannot guarantee that the programs, recipes, meal guides, exercise plans, forums, program content and any other information on the website or social media groups are safe and proper for every individual user. Therefore, each Program is offered without warranties or guarantees of any kind, express or implied, and the authors disclaim any liability, loss or damage caused by the website and programs contents, either directly or consequentially. No EU or other government regulatory body has evaluated the recipes and information seen on the website or social media platforms. The Programs, recipes and other information are also not intended to diagnose, treat, cure or prevent any disease or condition.

2.6    NEITHER THE COMPANY, NOR ANY AUTHORS AND/OR CONTRIBUTORS SHALL BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF THE INFORMATION AND PROGRAMS FOUND AND CONTAINED ON THE WEBSITE. WE ASSUME NO RESPONSIBILITY FOR ANYONE’S USE OF THE INFORMATION.

2.7    USING THE INFORMATION PROVIDED ON THE SOCIAL MEDIA GROUP and website IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO BODY, HEALTH AND CONDITION THAT MIGHT ARISE AS A RESULT OF USING THAT INFORMATION. IN NO EVENT SHALL THE COMPANY OR ITS AUTHORS AND/OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER THEORY ARISING IN ANY WAY OUT OF THE USE OF THIS SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LEGAL DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, WHETHER BASED ON ALLEGED BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

2.8    EACH USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, THE COMPANY, AUTHORS, CONTRIBUTORS, ANY ENTITY JOINTLY CREATED BY THEM, THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING SOLICITORS’ FEES, ARISING OUT OF THE USE OF THE WEBSITE SOCIAL MEDIA GROUPS AND/OR PROGRAMS.

2.9    Nothing in this medical disclaimer will:

(a)    limit any of our liabilities in any way that is not permitted under applicable law; or

(b)    exclude any of our liabilities that may not be excluded under applicable law

 3     Use of Club 421 Materials

Club 421 is a registered trademark and must not be used without permission.

Any nutrition goals provided by the club are for personal use only and you agree not to share them with others.

The digital products sold by Club 421 are protected by copyright and you will not share any information contained therein without permission.

 4     Social media groups code of conduct

You must be courteous to other users of our online products and services. Personal attacks are grounds for being banned and your account being closed. If you have a problem with a comment that another member has posted, please contact us. Do not post a personal attack in response.

Harassing other members and users of our online products and services in any way will not be tolerated. If a member has advised you that they do not want you to contact them, it is your responsibility to respect their request. Violating this agreement may lead to you being immediately and permanently banned.

When you join our online community, any user content you post is automatically licensed to us through a worldwide, royalty-free perpetual licence. This licence grants us a transferable right to use, record, reproduce, distribute, publish and create derivative works based on your user content (in whole or in part) as Club 421. We may use this content in any format, media or technology. We will only use this content in an appropriate way which respects you as a member of our online community. 

Subject to the rights and licence you grant to us under these terms of use, you retain all copyright of your user content and the rights to use this material in any way. 

We may archive (delete or remove) user content which we feel is no longer relevant or appropriate. When we archive your content, all our rights to use the content under the licence will cease. Content will remain on the Community for as long as we deem appropriate and will not be automatically deleted or archived when a user subscription expires. If you want content to be removed you should contact us at admin@club421.co.uk

 5    Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

A copy of our privacy policy can be found at www.club421.co.uk/privacy

 6      Payment

Club 421 membership is based on an initial three-month subscription using a startup package. When your three-month subscription comes to an end, your membership will stop.

In order to continue your subscription you will need to purchase a renewal package. Which is a monthly subscription that automatically renews until you cancel.

Your payment card will automatically be charged in advance at the monthly rate applicable at that time, until you cancel your membership.

It is your responsibility to ensure you time the purchases so that there is no overlap in any month.

We use third party payment services such as Stripe and Paypal, to take payment.

The price of all products is in pounds sterling (£)(GBP) and includes VAT at the applicable rate

Prices outside the UK may vary.

 7      Club 421 Members exclusive free prize draw

7.1 These terms and conditions apply to the Club 421 Draw ("the Promotion") and entry to the Promotion is acceptance of these terms and conditions. Therefore please read these carefully

7.2 The promoter of this Promotion is Club 421, 27 Tarrareoch Court Armadale, EH48 2TF ("the Promoter").

7.3 Club 421 Draw entrants ("entrants") are automatically entered into the biannual draw. This includes all current Club 421 subscription members either through the startup package or the renewal package.

7.4 No purchase is necessary to enter the Promotion. Entrants will be entered in to the draw automatically. Entrants can opt out of the draw by emailing admin@club421.co.uk with the subject line “Opt out of prize draw”.

7.5 The Promotion is only available to United Kingdom residents over the age of 18.

7.6 The Draw will take place on the 30th of June and 30th December each year.

7.7 Entrants will receive one additional entry for each continuous full year they've held their Club 421 subscription membership. Entries will reset to zero if a product is cancelled and a renewal package is purchased at a later date.

7.8 Prizes will change for each draw. Prizes are subject to availability. The Promoter retains the right to substitute the Prizes with another prize of a similar value in the event any of the original Prizes are not available. No cash alternative is available. The Promoter shall have no liability to the winner or any third party for any inability of the winner to claim the prize, or to take the full benefit of it, as a result of any of the T&Cs of Travel or any other reason.

7.9 The Winner will be notified by email by the Promoter within 10 working days of the monthly draw. If the Winner does not respond to such email contact from the Promoter within 7 days of the time of notification, then the Winners' Prize will be forfeited and the Promoter will be entitled to select another winner (and that winner will have to respond to the communication sent to them by the Promoter within 7 days of that communication being sent or else they will also forfeit their prize).

7.10 The Winners agree to take part in post-promotion activity.

7.11 The Prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes. The Promoter accepts no responsibility for any costs associated with the Prize and that are not specifically included in the Prize. Prizes are offered without warranty. For holiday prizes, all other travel arrangements and costs are expressly excluded from the prize and are the full responsibility of the winner. Travel insurance and visas, any necessary vaccinations, valid passports, spending money, departure and arrival taxes and any other personal expenses are the winner’s responsibility.

7.12 Nothing in these terms and conditions shall exclude the liability of the Promoter for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.

7.13 Subject to the above, the Promoter accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Promotion or accepting the Prize. The Promoter further disclaims liability for any injury or damage to you or any other person's computer relating to or resulting from participation in or downloading any materials in connection with the Promotion.

7.14 The Promoter shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.

7.15 The decision of the Promoter is final and the Promoter will not enter into correspondence relating to its decision.

7.16 The Promoter reserves the right to modify or withdraw the Promotion at any time without prior notice.

7.17 The name of the Winner for the Promotion each draw will be available upon request for 4 weeks after the Winner has been notified by sending a stamped self-addressed envelope to; Club 421 Prize Draw, c/o Club 421, 27 Tarrareoch Court, Armadale EH48 2TF. The Winner agrees to have their name and county disclosed for this purpose.

 8      Club 421 Ambassador Program

As an authorised Ambassador (Affiliate) of Club 421, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Club 421 as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Club 421 by your own website or personal referrals.

By signing up for the Club 421 Ambassador Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

8.1 We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

8.2 Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must be active. It is the Affiliates responsibility to inform Club 421 of changes to bank accounts to receive payments.

You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone uses your code and creates multiple accounts, then you will receive a commission on the first order only.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

8.3 Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

·         Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

·         Spamming (mass email, mass newsgroup posting, etc.).

·         Advertising on sites containing or promoting illegal activities.

·         Failure to disclose the affiliate relationship for any promotion.

·         Violation of intellectual property rights. Club 421 reserves the right to require license agreements from those who employ trademarks of Club 421 in order to protect our intellectual property rights.

·         Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products (provided by the Affiliate) with Club 421, however, is acceptable.

·         Self-referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Club 421 reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement for no reason.

8.4 You may use graphic and text links both on your website and within in your email messages. You may also advertise the Club 421 site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 8.3

You may not share digital products sold by Club 421 or information contained therein.

8.5 Club 421 occasionally offers discounts and special offers to select affiliates and to our member subscribers. If you’re not pre-approved / assigned a branded offer, then you’re not allowed to promote the offer. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or discount:

·         Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorised deals to the specific affiliate.

·         Affiliates may not bid on Club 421 Deals, Club 421 Discounts or use other phrases implying coupons are available.

·         Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

·         User must be able to see dicount/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

·         Affiliate sites may not have “Click for (or to see) Deal/Discount” or any variation, when there are no deals or discounts available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

8.6 PPC bidding is NOT allowed without prior written permission.

8.7 Liability

Club 421 will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Club 421. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

8.8 The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

8.9 Affiliate shall indemnify and hold harmless Club 421 and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by Club 421 to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

8.10 This Agreement is governed by, and is construed in accordance with the laws of Scotland. The Courts of Scotland shall have jurisdiction to hear any disputes arising from this Agreement. Club 421 shall not be liable for the legality of Club 421 services in countries other than the United Kingdom. Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is subscribed to Club 421 from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.

8.11 The Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them. This is a digital contract The action of providing account details to receive payment and accepting payments creates an agreement and electronic signature that has the same legal force and effect as a handwritten signature.