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Terms and Conditions

Thanks for visiting our website!

Please read these Terms and Conditions carefully. By visiting or using or Fee-Based subscription or Free Services (collectively “Fee-Based Services”), you’re agreeing to these Terms and Conditions. This is a legal agreement. We reserve the right, in our sole discretion, to change, modify, add or remove provisions to and from this Agreement in accordance with paragraph 2 of this Agreement. You should check this Agreement periodically for changes. By using the Website and/or one of the Fee-Based Services after such changes have taken effect in accordance with paragraph 2 of this Agreement, you agree to accept those changes whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Website and/or the Fee-Based Services and you should cancel user account or subscription with us, as applicable, by notifying us via email in accordance with the provisions of this Agreement.

 

  1. 1. Scope of Agreement

Unless indicated otherwise, this Agreement applies to your use of the website owned by Top Forma Limited (“Topforma.co.uk”) and all of the Free or Fee-Based Services that are offered to you through the Website by Topforma.co.uk currently or in the future.

 

2. Your Use of the Website, our free services and our Fee-Based ServicesUnless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon, and the Fee-Based Services that you have subscribed to and in respect of which you have paid the applicable fees and charges, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as user of, or subscriber to, the Website and/or Topforma.co.uk’s Free or Fee-Based Services. You understand that only you may use your user account and password, and that your subscription to the Fee-Based Services is only valid for your own personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all fees and charges in respect of usage or activity of our Fee-Based Services subscribed to by you.

 

By using the Website and/or Topforma.co.uk’s Fee-Based Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof) and/or Topforma.co.uk’s Fee-Based Services.We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of subscriptions for Topforma.co.uk’s Fee-Based Services. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.Topforma.co.uk. Any new or amended version of this Agreement will take effect, and will govern all use of the Website and any of Topforma.co.uk’s Fee-Based Services you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website and/or any of Topforma.co.uk’s Fee-Based Services be governed by the new or amended version of this Agreement, you should notify us via e-mail and from the date when the new version takes effect, you must cease to use the Website and any Fee-Based Services you have subscribed to and should seek a refund in respect of the fees or charges pre-paid by you for any complete unexpired periods of subscription to any Fee-Based Services. Refunds shall be made in accordance with paragraph 4 of this Agreement.In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or Topforma.co.uk’s Fee-Based Services, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or Topforma.co.uk’s Fee-Based Services. You agree that any termination or cancellation of your access to, or use of, the Website or Topforma.co.uk’s Fee-Based Services may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or Topforma.uk’s Fee-Based Services. 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 and/or Topforma.co.uk’s Fee-Based Services.

 

You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing of the Website and/or the Fee-Based Services, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with Topforma.co.uk’s Fee-Based Services, is to cancel or terminate your subscription, as applicable, in accordance with paragraphs 4 and/or 8 of this Agreement.From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features. promotions or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
3. Pricing policy for Fee-Based Services

Certain portions, components, content and features of the Website are only available to individuals who purchase a subscription to one of Topforma.co.uk’s Fee-Based Services. As a subscriber to one of Topforma.co.uk’s Fee-Based Services, you agree as follows:

 

3.1. Payments. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on the Website (such as the prepaid 3 months personal meal plan; or 9 months meal plan), applicable taxes, and other charges and fees incurred in order to access Topforma.co.uk’s Fee-Based Services. As stated in paragraph 1 of this Agreement, we reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website hosted at www.Topforma.co.uk or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

3.2 Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.

3.3 Subscription for Fee Based Services. If you purchase a subscription to one of our monthly plans (1 month, 3 months or 6 months subscription plan), your credit card or other account will automatically be charged with the prices indicated on our website at the start of the standard (one month) or multiple-period prepayment plan billing period.

3.4. Cancellations. Customers in the European Union have the statutory right to withdraw from this agreement and seek a membership refund within 7 days after the date of purchase for subscription. To withdraw from the agreement within the 7 day cooling off period, send an email to cancellations@topforma.co.uk clearly stating ‘Cancel membership’, together with your name and registration email address. You will receive an email from us confirming the refund has been issued. Please note – delivery of emails cannot be guaranteed and is subject to email providers and junk mail settings. We are not responsible for lost emails or delays. If you do not receive a refund confirmation email from us within 72 hours of cancelling (and have checked any email Spam folders), you are advised contact us at customercare@topforma.co.uk to check receipt of your cancellation request.

3.4.1 To close your account completely after the 7 day period, please send an email to cancellations@topforma.co.uk clearly stating ‘Close Account’ – please include your name and registration email address. This will close your account immediately (any remaining membership time will be lost).

 

3.5. Additional costs. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and Topforma.co.uk’s Fee-Based Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Fee-Based Services.

3.6. For purposes of your use of the Fee-Based Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Fee-Based Services (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account and for other purposes in accordance with our Privacy Policy (see paragraph 6 below). You agree to maintain and promptly update the Subscription Data and any other information you provide to us, to keep it accurate and current. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Website (or any portion thereof) or any of the Fee-Based Services., and, if such data is not current and/or accurate you are obliged to promptly correct or update your Subscription Data including your billing information. You agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.If your registration is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.

 

3.7. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of Topforma.co.uk’s Fee-Based Services for which you have subscribed. You are entirely responsible for any and all activities that occur through your user account You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
  1. Availability of Fee-Based Products

The availability and use of Topforma.co.uk’s Fee-Based Services may be limited based on demographic, geographic, health or other criteria as Topforma.co.uk may establish from time to time. You understand and agree Topforma.co.uk may disallow you from subscribing to the Fee-Based Services based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to Topforma.co.uk’s Fee-Based Services.

 

6. Privacy and Security

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into this Agreement by this reference. By using the Website and/or the Fee-Based Services, your consent to your personal data being used and processed in accordance with our Privacy Policy.7. Health Disclaimer

 

The Website and Topforma.co.uk’s Fee-Based Services provide healthy living and eating information and content published over the Internet and are intended only to assist users in their personal efforts for a healthy lifestyle. Top Formais intended as a weight management service to assist users in their personal weight loss goals. Our main purpose is to help you build healthy lifestyle habits. TopForma Ltd is not a medical organisation and we cannot give you medical advice or diagnosis. Nothing contained in the Website or any Topforma.co.uk’s Fee-Based Services should be construed as medical diagnosis or advice. The information and meal plans composed by us or our nutritionist should not be interpreted as a substitute for doctor or specialist treatment.

 

You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or regimen. The Website and the Topforma.co.uk’s Fee-Based Services are intended for use only by healthy adult individuals. The Website and Topforma.co.uk’s Fee-Based Services are not intended for use by minors, pregnant women, or individuals with any type of severe health conditions (cancer, diabetes type II, or any other diseases that we interpret as severe health conditions) or eating disorder. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

It is the responsibility of all users of this website to satisfy themselves as to their personal medical and physical condition in determining whether or not to use or adapt the information or content provided. Notwithstanding the medical or physical condition of a user, no responsibility or liability is accepted for any loss or damage suffered by an individual as a result of the use or misuse of any of the information or content in this website or the Fee Based services provided by Topforma.co.uk.

Weight loss is individual and your personal rate of loss may vary from any case studies shown on this website. Our service advocates a safe rate of weight loss of up to 0.1kg per week.

 

Before starting any weight reduction plan, you should make sure that you are not underweight. (defined as BMI below 18.5)..

  1. Restrictions on Use of Materials

You acknowledge that the Website contains information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, personal meal plans, articles and other materials (collectively, “Content”) that are the property of us and/or our licensors and are protected by copyrights, 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 the United Kingdom copyright laws (and, if applicable, similar foreign laws. 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.

 

  1. Children

The Website and the Fee-Based Services are not for use by children and are not directed to children. The Website and the Fee-Based Services are for use and access by individuals who are eighteen (18) years or older. Individuals under the age of 18 are not permitted to subscribe to topforma.co.uk’s fee-based products and/or use the website.

 

  1. Disclaimers of Warranties

 

Please note the following important disclaimers of warranties:

the products, offering, content and materials (including, without limitation, Topforma.co.uk’s Fee-Based Services) on the website are provided “as is” and without warranties of any kind, either express or implied. we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, compatibility, security or accuracy.

We do not warrant that the Website, the Fee-Based Services or any function contained in the Website or the Fee-Based Services will be uninterrupted or error-free, that defects will be corrected, or that the website, the Fee-Based Services are free of viruses or other harmful components.

Any product, offering, content and material (including, without limitation, the Fee-Based Services) downloaded or otherwise obtained through the use of the 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.

We do not warrant or make any representations regarding the use or the results of the use of the services, offerings, content and materials (including, without limitation, the fee-based products) in the website in terms of their correctness, accuracy, reliability, or otherwise.

Further, please note that no advice or information, obtained by you from our personnel or through the website shall create any warranty not expressly provided for in this agreement.

These disclaimers apply to the fullest extent permitted by law.

 

  1. Limitation of Liability

You expressly understand and agree that (to the fullest extent permitted by law) we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the website (including, without limitation, the Fee-Based Services); (b) the use of any content or other materials (including, without limitation, the Fee-Based Services) on the website or any website or websites linked to the website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website (including, without limitation, the Fee-Based Services); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the website (including, without limitation, the Fee-Based Services); (f) event reasonably beyond our control; and/or (g) any other matter relating to the website. Save in respect of personal injury or death due to the negligence of Top Forma Ltd., in no event shall the total liability of us to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the website and/or using any Fee-Based Services. If you are dissatisfied with any portion of the website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of the website. If you are dissatisfied with the Fee-Based Services, your sole and exclusive remedy is the discontinuation of use of such Fee-Based Services and termination/cancellation of your subscription in respect thereof. These exclusions of liability apply to the fullest extent permitted by law.

 

12. Miscellaneous TermsIn any action against us arising from the use of the Website (including, without limitation, the Fee-Based Services), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.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. This Agreement, together with our Privacy Policy and the Terms & Conditions (if applicable), are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control.We shall not be responsible for lack of availability of the Website and/or the Fee-Based Services for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of Top Forma. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible.Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.

 

13. How to contact us

The Website is owned by, and the Fee-Based Services are provided by, Top Forma Limited is a company incorporated in Bulgaria (Company Registration No.:) and its registered office is at:

Top Forma Limited, 8 Rui Planina, 1300, Sofia, Bulgaria

If you have any questions or concerns you may contact topforma.co.uk by e-mail at legal@topforma.co.uk  or by post at the aforesaid address.(Last modified on April 6, 2015)