What
We Call Ourselves
In these Terms and Conditions (Ts&Cs) words “Weight Aware”, “Weight
Aware UK”, “WeightAwareUK”, “us” or “we” shall mean Weight Aware UK
Limited a company registered in England
and Wales whose registered number is
06949089 and whose registered office is at 5 Nash Green, Taunton, TA2
6BZ and (“you”) shall mean the person using this website.
You
Are Bound By These Terms
By using the
Weight Aware Directory contained within this website you agree to the Ts&Cs.
We have the right to change the Ts&Cs at any time without prior notice by
posting such changes on the website and would recommend that the user keep
themselves updated from time to time in case of any changes. Use of the website
after such change will indicate acceptance of such changed Ts&Cs. Clause
headings in these Ts&Cs are for convenience only and do not affect the interpretation thereof.
What
We Are
The
Weight Aware UK directory is a directory listing of practitioners who offer
treatment services for the treatment and ongoing management of childhood
obesity issues. Weight Aware UK is
non-judgemental to any individual person or organisation listed in the
directory; we publish the individual/organisations profile listing and are not
responsible for the competency or professionalism of the service provided by
such persons or organisations. The information published on a specific
organisation or individual is in accordance with the information provided by
that individual or organisation and we are not liable in any way for any
information whether false or otherwise including but without limitation qualifications
and/or membership details. Weight Aware UK does not act as an agent for any of
the practitioners and their services which are detailed in the Weight Aware UK
directory. Furthermore, Weight Aware
accepts no responsibility or control over treatment prices of services,
availability, competency, suitability or professionalism.
All entries
which appear in the Weight Aware UK directory are for information purposes
only. All practitioners with a listing
on the Weight Aware UK directory submit their profiles independently and can
update their profiles at any time without reference to us. At the time of membership registration with
the Weight Aware UK directory we validate a professional body membership and,
where appropriate, validate memberships to a relevant Health Professionals
register or council. Weight Aware
neither endorses nor accredits the qualifications and/or skills of its
practitioners listed within the directory.
Your
relationship is directly with your chosen practitioner. It is strongly advised
that prior to conducting a professional relationship with your chosen
practitioner, you verify all membership details, qualifications and insurance
cover as Weight Aware UK cannot and do not monitor changes for any of our
members. It is an unconditional requirement that any member of the public under the age of 18 years old should not consult, liaise or be treated by a practitioner listed on the Weight Aware UK directory without being wholly accompanied at all times by a responsible and accountable adult.
All content
displayed on the Weight Aware directory website is provided for general
information purposes only, and should not be treated as a substitute for the medical
advice of your own doctor or any other health care professional. Weight Aware
UK and/or its directors are not responsible or liable for any diagnosis made by
a user based on the content of the website.
Practitioners
Bound By Their Own Code Of Ethics
All
practitioners who register with the Weight Aware UK Directory represent to us
that they will agree to be guided by a professional code of ethics. An example of which is given in the BACP Ethical Framework www.bacp.co.uk.
Responsibilty Of Practitioners And Complaints
Weight
Aware UK is not an agent for any practitioner listed within the Weight Aware UK
directory. The entries in the Directory are prepared solely by the practitioners
offering their services and Weight Aware UK s not responsible for their
accuracy. Weight Aware UK and/or its directors cannot accept liability for any
loss, damage or misconduct of any kind which may arise from any error or
omission within the practitioner entries in this directory. Nor can Weight
Aware UK and/or its directors be held responsible or liable for any misconduct
or harm arising from the treatment by or contact with any practitioner from
this directory.
Weight Aware
welcomes feedback from clients on the experiences received from practitioners
listed within the directory. In the event that Weight Aware receives a
complaint against a practitioner listed, Weight Aware is not responsible for
that individual or organisation. Practitioners are regulated independently by
their own professional member bodies and, in the unlikely event of any
complaint you must in the first instance make representation to your chosen
practitioner or contact the appropriate regulatory organisation directly.
Weight Aware retains the right to remove any practitioner listed and cancel
their membership at any time.
Furthermore, we
do not have the contractual obligation or technical means to verify the
identity of persons or organisations who register with us. You should not
assume that any content is accurate. We cannot and will not be held liable for
any false or misleading statements by such registered persons or organisations. We would advise you take appropriate steps to
confirm the qualifications and experience of any practitioner prior to using
their services. Any meetings or transactions with a practitioner listed in the
Weight Aware UK directory are taken at your own risk and are not our
responsibility.
Responsibility
For Website Links
Practitioners
detailing links to their own respective websites, and content of, remain the
property of respective owners. Weight Aware is not responsible for the content
produced by practitioners in the Weight Aware directory.
We will
request Practitioners not to use these services for any commercial,
professional or non-private purposes other than the promotion of services or
information relating to counselling, psychotherapy, nutritional therapy,
dietetics services, personal and / or professional development but cannot be
held responsible for their failure to abide by such requests.
Security
of Information
Weight
Aware is unable to guarantee the security of any information published on its website.
Information and data from the Weight Aware website is used at your own risk and
we are not responsible for or liable for any damages or injury that may result
from using such information. Weight Aware cannot be held responsible for
viruses, cookies or other harmful malicious software which may arise from using
the Weight Aware directory. Accessing information from the directory means it
is for the use of acquiring names and contact details of practitioners listed
within the directory and is not to be sold or traded to other database
companies. It is also prohibited to modify any data within the Weight Aware
directory.
Copyright,
Warranties And Liability
Material
from the Weight Aware UK directory may not be copied, downloaded, reproduced,
broadcast, shown or played in public, republished, uploaded, posted, stored,
transmitted, distributed, adapted or changed in any way unless with permission
or consent from Weight Aware UK Ltd. Weight Aware UK Ltd makes no
representation or warranties of any kind with regard to this website or the
contents and disclaims all such representations and warranties. Weight Aware
UK, its Directors employees and agents will not be liable for damages arising
from the use of or connection with this site. This is a comprehensive
limitation of liability (save that which may not by law be excluded) that
applies to all damages of any kind, including (without limitation)
compensatory, direct, indirect or consequential damages, loss of data, income
or profit, loss of or damage to property and claims of third parties.
Text and graphics contained in the Weight Aware UK directory are the property
of Weight Aware UK with the exception of
individual and organisation names, details and links including those with logos
listed in the directory which are the property of their respective owners who
have acknowledged that they have read and understood the terms of use.
Prohibition
Of Modifying Data
Weight Aware UK prohibit the modifying of data or other material from its Directory including its content, services,
information, items or materials provided by Weight Aware UK with any other
data; selling or trading in materials copied from the Weight Aware UK
directory; using or redistributing the Weight Aware UK directory for the
purposes of compiling databases, lists or directories, providing commercial
information, redistributing or reproduction of the same by the press or media
or through any commercial network, cable or satellite system; issuing
questionnaires or similar for the purpose of data capture or verification;
permitting or allowing Weight Aware UK to infringe or otherwise prejudice our
proprietary rights for any unlawful purpose or purpose that is likely to bring
any part of Weight Aware UK into disrepute.
Prohibition
of Offensive Material
Weight
Aware UK prohibits the use of any content or communication with is deemed to be
offensive, abusive, indecent or threatening. Weight Aware UK strictly prohibits
the use of the data contained with the directory for any form of telemarketing,
direct marketing or any other form of marketing activity.
Accuracy
of Information
Whilst Weight Aware UK make all reasonable efforts to make information on the
directory as accurate as possible, it cannot and will not be held responsible
for any changes to practitioners profile pages. Changes are the responsibility
of each practitioner and practitioners are encouraged to update their profile
page on a regular basis in respect of changes to contact details, continued
professional development, qualifications and professional memberships. Weight Aware UK cannot guarantee the accuracy
of any information detailed in the Weight Aware UK directory.
Practitioners
agree to comply with our guidelines or requirements as set out in the Terms of
Use on our website as well as any reasonable request or instructions by us in
connection with the services provided by Weight Aware UK.
General
Disclaimer of Terms of Use
Content
in this agreement are for information only and are not binding. We are not
liable for failure to perform or delay in performing any obligation under this
agreement if the failure or delay is caused by any circumstances beyond our
reasonable control. This agreement constitutes the entire agreement between you
and us in connection with the Services. We may assign all or part of our rights
or duties under this agreement; you may not do without our prior written
consent. Any failure by us to exercise or enforce any right or provision of
this agreement does not constitute a waiver of it. If any part of this
agreement is deemed void or ineffective for any reason, the remainder shall
continue in full force. A person who is not a party to this agreement shall
have no rights under the Contracts (Rights of Third Parties) Act 1999 unless
expressly stated otherwise in this agreement.
It is an unconditional requirement that any member of the public under the age of 18 years old should not consult, liaise or be treated by a practitioner listed on the Weight Aware UK directory without being wholly accompanied at all times by a responsible and accountable adult.
Under no
circumstances will Weight Aware UK Ltd nor its Directors be liable for any
direct, indirect, incidental, special or consequential damages that result from
either: the use and reliance on the Weight Aware directory; mistakes,
omissions, interruptions, suspensions, termination, deletion of files or
e-mail, errors, defects, viruses, delays in operation, transmission of service
response time, or any failure of performance with respect to the Weight Aware
directory including without limitation those arising from acts of God,
communications failure, theft, destruction or unauthorised access to Weight
Aware UK’s records, programs or services; products or services received through
or advertised on Weight Aware UK, products or services received through or
advertised on any links provided on the Weight Aware UK directory; or information
or advice received through or advertised via the Weight Aware Directory and
information or advice received through or advertised on any links provided on
Counselling Directory; or any information, data, text, messages and other
materials that are posted, emailed uploaded, downloaded, reproduced, or
otherwise distributed using the Weight Aware UK directory.
The headings in
these Ts&Cs are for convenience only and should not affect the
interpretation thereof.
The use of the
Weight Aware website and these Ts&Cs are also subject to our Privacy Policy
which is available on our website and should be read and understood before
using our website.
These Ts&Cs
are subject to and shall be governed by the laws of England and both parties
submit to the exclusive jurisdiction of the English Courts.
Privacy Policy
Respect for your privacy, and the
security of the personal information you give us when you visit our websites,
is fundamental to your willingness to use our services and to the success of
our business. This Privacy Policy sets out how we respect your privacy and how
we handle information you give us through this website that identifies you
personally (Personal Information).
This policy tells you more about what Personal Information we collect about you
during your visits to this Website and what we do with that information. Your
visits to this Website and our sale of goods to you via this Website are
subject to this Privacy Policy and our Terms and Conditions. Words and
expressions defined in the Terms and Conditions shall have the same meanings
herein.
When you first register on our website we will provide you with a link to this
Privacy Policy and there will be a button which when pressed indicates your
consent to the collection by Weight Aware of your Personal Information. You
will need to press this button before using the website.
If you are under 18 years of age you must inform a parent or your guardian
about our Privacy Policy and our Terms and Conditions before you use our
website and you must obtain their consent to that Privacy Policy and those
Terms and Conditions before registering with us.
Collection of Information and Its Use
We do not collect any Personal Information about you, except when you provide
it to us. When you submit your Personal Information on this Website, you will
be asked to consent to the processing and transfers of your Personal
Information as set out in this Privacy Policy. If you do not want us to collect
any Personal Information from you, please do not provide us with that
information.
The Personal Information you provide us through this Website will be used by us
only for the purposes of responding to any comments or questions you have,
fulfilling and administering your account,. The very few exceptions to this
rule we are required to make by law or otherwise are set out in this Privacy
Policy.
When you access your account information we use encryption that protects your
information from unauthorised access by encrypting it before it is sent to us. We seek the same levels of protection
from third party business parties with whom we exchange any data that could
identify you personally. We may use the information you provide in aggregate
(non-personally identifiable) form for internal business purposes, such as
generating statistics and developing marketing plans. We may collect, store or
accumulate certain non-personally identifiable information concerning your use
of this Website, such as information regarding which of our pages are most
popular and general website administration.
We
may share or transfer Personal Information and non-personally identifiable
information with or to our affiliates, licensees and partners to:
- enhance this Website;
- assist in the development and design of similar sites run by our
affiliates, licensees and partners; and
- enable them to undertake marketing activities on our behalf.
Such affiliates, licensees and partners may be located in
countries both inside and outside the European Economic Area ("EEA").
Although countries outside the EEA may not require the same level of protection
of Personal Information as countries within the EEA, we always demand that our
affiliates, licensees and partners adhere to the same procedures that we follow
ourselves with respect to your Personal Information, including this Privacy Policy;
otherwise we will not share that information with them. We will not sell or
rent your Personal Information to third parties without your consent, except as
disclosed in this Privacy Policy. From time to time we may employ third party
business partners to collect Personal Information on our behalf. In such cases,
these third parties will be subject to confidentiality agreements and will be
instructed by us to comply fully with the Privacy Policy we have at the time.
We do not pass to these third parties any information that can identify you
personally, or anyone registered on our website, or any of our customers.
We may also use your information to tell you, by email, surface mail or by
telephone, about our products, promotions and special offers that may be of
interest to you. Our aim is to help you
find the products and services you want. We always attempt to limit our use of
your information in these circumstances to offers we think you will welcome.
All customers are given the opportunity of opting-out of receiving such
information at the time they give us their Personal Information. If you decide
at anytime you no longer want to receive such information from us you can tell
us by updating your profile in the “my account" page on the website.
We may disclose any information, including Personal Information, at our sole
discretion as we deem necessary in order to comply with any applicable law,
regulation, legal process or governmental request.
We do not seek any sensitive information through this Website. Sensitive
information includes data concerning race or ethnic origin, political opinions,
religious or other similar beliefs, physical or mental health. If you provide
us with sensitive information voluntarily, then by providing that information
you explicitly consent to us using it for the purposes for which it has been
provided.
Accuracy of Personal Information You Send Us
We take great care to create an accurate record of your Personal Information
based on any Personal Information you send us through the Website. However, we
do not assume responsibility for confirming the continuing accuracy of your
Personal Information. If you tell us that your Personal Information is
inaccurate, we will do all we can practically to correct that information. If
any of the information you provided to us when you registered with us changes,
please update your records immediately by visiting the “my account" page.
You can also request that your Personal Information is deleted from our systems
at any time by visiting the “my account page”.
Cookies
We use cookies to administer our Website. We will not use cookies in
combination with your Personal Information without your prior consent. (A
cookie is a string of information made up of text only that a website transfers
to the cookie file of the browser on your computer’s hard disk so that the
website can remember who you are. A cookie will typically contain the name of
the domain from which the cookie has come, the "lifetime" of the
cookie, and a value.) If you have previously registered on the Website these
cookies will enable the Website to recognise you. Cookies help us to serve you
better because they help the website to arrange content to match your preferred
interests more quickly. They are used by most major websites.
Links to Other Websites
This Website may contain links to or from other websites. Please be aware that
we are not responsible for the privacy practices of other websites. This
Privacy Policy applies only to the information we collect on this Website. We
encourage you to read the privacy policies of other websites you link to or
from our Website or otherwise visit.
Security of Your Personal Information
We implement various security measures to protect the security of your Personal
Information, both on-line and off-line. Your Personal Information could at
sometimes be stored at facilities sited anywhere in the world, not necessarily
within the EEA.
Business Transfers By Us
As we develop our business, we may sell some or all of our assets and
companies. User information, including Personal Information, would be one of
the transferred business assets. By submitting your Personal Information on the
Website you agree your Personal Information may be transferred in such
circumstances.
Telling You About Changes
We may revise this Privacy Policy from time to time. If we decide to change our
Privacy Policy, we will post the revised policy here. Because we may make
changes at any time without notifying you, we suggest you consult this Privacy
Policy regularly. Please note that the rights you give us to use your Personal
Information will be based on the privacy policy in effect at the time the
information is used. If it is decided at anytime by a competent court or other
competent authority that the preceding sentence violates applicable law, the
privacy policy in effect at the time your Personal Information was collected
will apply.
Our Data Controller
The Personal Information you provide to us will be managed by the Data
Controller, Weight Aware UK Limited, 5 Nash Green, Taunton, TA2 6BZ.
Relevant Law
This Privacy Policy shall be construed in accordance with the laws of England
and Wales.