Terms Of Use

  1. Introduction

    These terms of use (the Agreement) govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must leave the website immediately and refrain from using the services.

    You must be at least 13 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 13 years of age and are otherwise legally qualified to enter into and form contracts under applicable law.

    Our website uses cookies. By using the website and services you represent and warrant that you have read and understand, and agree to be bound by this agreement, the privacy policy and the cookie policy

  2. Licence to use website

    Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    Subject to your compliance with the terms and conditions of the Agreement Best-You grants you a non-exclusive, non-sub licensable, revocable, non-transferable licence to use the website and services. The website and services are for your own personal and non-commercial use.

    You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    • republish material from this website (including republication on another website);
    • sell, rent or sub-license material from the website;
    • show any material from the website in public;
    • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    • edit or otherwise modify any material on the website; or
    • redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.

    You may access our RSS feed. By accessing our RSS feed you accept these terms of use.

    Subject to your acceptance of these terms of use, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any non-commercial website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this licence at any time, with or without notice or explanation.

  3. Acceptable use

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    You must not use our website to transmit or send unsolicited commercial communications.

    You must not use our website for any purposes related to marketing without our express written consent.

    You must not ‘stalk’ or otherwise harass any person, or contact any person who has not authorised you to make contact

    You must not provide false, misleading or inaccurate information on Best-You or about any other member

    You must not impersonate or otherwise misrepresent connection or association with any person or entity

    You must not create more than one unique public profile

    You must not use or attempt to use any engine, software, or other devices (including but not limited to browsers, spiders, avatars or intelligent agents) to collect information from the Best-You website for any use (including but not limited to use on third party websites)

    You must not access content not intended for you, or log into an account or server that you are not authorised to access

    You must not attempt to probe, scan or test the vulnerability of the Best-You website, the services or any associated system or network

    You must not interfere or attempt to interfere with the use of the Best-You website or services, including but not limited to by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing

    You must not use the Best-You website or services to send unsolicited email or post or transmit unsolicited advertising, promotional materials, junk mail, spam, chain letters or pyramid schemes or any form of solicitation

    You must not attempt to modify, reverse engineer, disassemble or otherwise reduce or attempt to reduce any of the source code used in providing the website and services to a human-perceivable form.

    Any violation of this section may subject you to civil and/or criminal liability

  4. Registered users

    Access to certain areas of the Best-You website is restricted to registered users.

    In order to become a registered user, you must provide us with the information requested at sign up, including but not limited to user name, email address, password, date of birth, postcode and gender.

    You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

    You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 6 below.

    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

    You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.

    You must not use any other person's username and password to access our website.

    Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion.

    Such additional features include:

    • the facility to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;
    • the facility to join website groups, and to share information amongst group members;
    • the facility to send private messages via the website to particular groups or individuals registered on the website.
    • The ability to post photographs and videos and other information (such as likes and dislikes) on your profile
    • The ability to use the tools and tracker functionality to record and monitor progress against pre-determined goals

    Best-You relies upon its members to provide current and accurate information and we do not and cannot investigate all information contained in member’s public profiles.

    We may disable usernames and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

  5. Doctor /patient relationship

    The Best-You website and services are for informational and social purposes only. The website and services does not contain or constitute, and should not be interpreted as, medical advice or opinion. BestYou is not a medical professional, nor does it provide medical services or advise. The website and services are not a substitute for the advice of a medical professional and the information made available on or through the Website or Services should not be relied upon when making medical decisions, or to treat a medical or health condition. If you require medical advice or services you should contact a professional. Your use of the BestYou website does not constitute a doctor patient relationship.

  6. User generated content

    In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

    You warrant and represent that your user content will comply with these terms of use.

    Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

    Your user content (and its publication on our website) must not:

    • be libellous or maliciously false;
    • be obscene or indecent;
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • infringe any right of confidence, right of privacy, or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime;
    • be in contempt of any court, or in breach of any court order;
    • be in breach of racial or religious hatred or discrimination legislation;
    • be blasphemous;
    • be in breach of official secrets legislation;
    • be in breach of any contractual obligation owed to any person;
    • depict violence in an explicit, graphic or gratuitous manner
    • be pornographic or sexually explicit
    • be untrue, false, inaccurate or misleading;
    • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    • constitute spam;
    • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
    • cause annoyance, inconvenience or needless anxiety to any person.

    Your user content must be appropriate, civil, and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

    You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

    Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

  7. Limited warranties

    You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  8. Limitations and exclusions of liability

    Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.#

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

    You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

  9. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  10. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to the website;
    3. permanently prohibit you from accessing the website;
    4. block computers using your IP address from accessing the website;
    5. contact your internet services provider and request that they block your access to the website;
    6. bring court proceedings against you for breach of contract or otherwise;
    7. suspend and/or delete your account with the website; and/or
    8. delete and/or edit any or all of your user generated content.

    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  11. Third party websites

    Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  12. Trade marks

    Best-You and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

    The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  13. Competitions

    From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

  14. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  15. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  16. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  17. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  18. Entire agreement

    These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  19. Law and jurisdiction

    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  20. Registrations and authorisations

    We are registered with the Intellectual Property Office Trade Marks Journal. You can find an online version of the register at www.ipo.gov.uk. Our registration number is UK00003001122

  21. Our details

    The full name of our company is ICE Creates Limited

    We are registered in England & Wales under registration number 3881965

    Our VAT number is 732 833 240

    Our registered address is Unit 2/3 Clear View, Monks Ferry, Wirral, CH41 5LH, United Kingdom.

    You can contact us by email to admin@best-you.org.

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