Supplier's Terms and Conditions

1 Definitions
1.1 'Conditions' means the terms and conditions set out in this document, headed "Terms and Conditions".
1.2 'Customer' means a person who agrees to pay the Subscription Fee to obtain access to the Members-Only Area of the Site.
1.3 'the Members-Only Area' means the area of the Site which can only be accessed once the Customer has paid the Subscription Fee.
1.4 'Order Form' means a web page, accessible via the Site, through the Members-Only Area link (or any other similar web page which the Customer must complete to allow him to subscribe to the Service).
1.5 'the Service' means the access to the articles contained within the Members-Only Area of the Site, which the Customer pays the Subscription Fee to view.
1.6 'Site' means www.thefactsaboutfitness.com and/or www.thefactsaboutfitness.co.uk and/or www.factsaboutfitness.com.
1.7 'Subscription Fee' means the price paid by the Customer to enable him to access the Members-Only Area of the Site.
1.8 'Supplier' means The Facts About Fitness Limited whose registered office is at 14 Hares Run, Mawsley, Northamptonshire, United Kingdom, NN14 1TG.

2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the supply of the Service by the Supplier to the Customer, to the exclusion of all other terms and conditions.
2.2 All orders for subscriptions to the Service shall be deemed to be an offer by the Customer to pay for the Service pursuant to these Conditions.
2.3 Access by the Customer to the Members-Only Area shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. These Conditions shall constitute the entire agreement between the parties hereto and shall supersede the provisions of any previous contract, whether in writing or orally and supersedes all previous agreements and understandings between the parties.
2.5 All subscriptions made by a Customer using the Site, shall be deemed to be an offer by the Customer for the Supplier to supply the Service, pursuant to these Conditions. For the avoidance of doubt, an acknowledgement of any such order or an acknowledgement of payment shall not constitute a contractual acceptance of such an offer. All offers are subject to the formal acceptance by the Supplier at its absolute discretion (the Supplier shall e-mail the Customer to state that the order has been formally accepted).

3 Price and payment
3.1 The Subscription Fee for the Service shall be the price quoted for the time being on the Site, which may be altered at any time at the absolute discretion of the Supplier.
3.2 The Subscription Fee is to be paid by the Customer entering relevant payment details on the appropriate Order Form.
3.3 The Subscription Fee is inclusive of VAT (but not any other tax or duties).

4 Matters beyond the control of the Supplier and liability
4.1 If the Supplier is affected by any circumstances beyond its reasonable control (including, without limitation, national emergency, war, prohibitive governmental regulation, strike, lock out or other industrial action), it shall notify the Customer of the nature and extent of the circumstances on the Site (but only if the Site is still operational at that time).
4.2 The Supplier shall be deemed not to be in breach of any contract between the parties which is subject to these Conditions, or otherwise be liable to the Customer, for any delay in performance or the non performance of any of its obligations under a contract between the parties which is subject to these Conditions, to the extent that the delay or non performance is due to any of the circumstances described in clause 4.1 above, and the time for performance of that obligation shall be extended accordingly.

5 Delivery of the Service and liability
5.1 Once the Customer has paid the Subscription Fee and the Supplier has received confirmation of this, the Customer shall be allowed access to the Service without unnecessary delay.
5.2 Delivery of the Service shall be made to the Customer by allowing the Customer to access the Service via the Site.
5.3 The Supplier shall have no liability to the Customer for any direct, indirect, special or consequential loss of the Supplier arising out of or in connection with the provision of the Service (except in respect of death or personal injury resulting from the Supplier's negligence).
5.4 As the Customer and the Supplier agree that the Service does not constitute specific advice and as such the Supplier does not owe the Customer a duty of care, the Customer agrees that the provision of inaccurate or incomplete information does not constitute negligence by the Supplier. The information provided on this Site is of a general nature only, is for informational purposes and is not a substitute for medical advice or treatment for any medical conditions. Information is often merely in the form of an opinion and not in the form of a statement of fact and as opinion may be divided in the industry (and due to the fact that it is difficult to ascertain disadvantages and/or side effects of new dietary aids and exercises), information on the Site should not be relied upon solely, without reference to other comparative material.
5.5 Consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

6 Acceptance of the Service and Refunds
6.1 The Customer can cancel the Service, but only in accordance with the instructions on the Site.
6.2 Upon actual receipt by the Supplier of an e-mail requesting that the Service should be cancelled in accordance with the instructions on the Site, the Supplier will refund the Subscription Fee to the Customer, within a reasonably prompt time.
6.3 The Supplier recommends that the Customer obtain proof of sending the e-mail, as the Supplier shall not be held responsible for an e-mail it does not receive for whatever reason.
6.4 If the Customer is returning the subscription fee paid for with a credit or debit card, the Supplier will make credit adjustments directly to the Customer's account number.
6.5 The Customer does not have a right to cancel the subscription to the Service pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (as amended) due to the fact that the Customer's agreement to these Conditions is deemed to also be the Customer's agreement that the Supplier may supply the Service immediately following the entering into of a contract subject to these Conditions.

7 Proper law of contract
Any contract between the parties which is subject to these Conditions is subject to the law of England and Wales and the English courts shall have exclusive jurisdiction to consider disputes regarding the same.

8 Assignment and third parties
The Supplier may assign any contract which is subject to these Conditions and its rights pursuant to any such contract at any time. Subject to the rights of an assignee, a person who is not a party to any contract which is subject to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of any contract which is subject to these Conditions.

9 Data Protection
The Supplier's Privacy Policy provides information as to how the Supplier may deal with the Customer's personal information and the Customer hereby agrees to the same.