Below you can find the MAN v FAT terms and conditions, which also incorporates terms and conditions for MAN v FAT Football and MAN v FAT Talk.
MAN v FAT Terms and Conditions (“Agreement”)
This document applies to manvfat.com, manvfatfootball.org, talk.manvfat.com
This Agreement was last modified on January 04, 2018.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://www.manvfat.com (“the Site”) operated by Man V Fat Ltd (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://www.manvfat.com and for participating in the MAN v FAT Football leagues.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, participating in any of our weight loss schemes or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. If you give us your contact details we reserve the right to contact you for matters relating to the site, such as emailing you information regarding your Health Report or to let you know you have won a competition. We may also send you updates on the site, you can opt of these at any time.
Below are the terms and conditions on which we provide the MAN v FAT Football services (the Services). Before you agree that we will provide Services to you, please read the terms and conditions. It is especially important that you read and agree to the Health and Wellbeing Commitment Statement.
If you have questions concerning these, please ask before entering into a contract with us – email@example.com
Health and Wellbeing Commitment Statement
Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise or participate in a weight loss programme we strongly recommend that you get advice from a doctor first.
For safety reasons, you are responsible for correctly using all facilities and reading any applicable signs, and agree to keep to the conditions in the Health Commitment Statement, which is available online, as part of our terms and conditions and also sent to you.
Completion of a form: we may ask you to complete a form (the Health Check Form). This will record details, as stated by yourself, as to your current state of health, any medical conditions you have and any medication you are taking.
Evaluation of various health indicators: we suggest that you have a medical doctor evaluate certain indicators of your health, for example including your blood pressure, heart rate, basic metabolic rate and body mass index.
We have carefully considered what we can reasonably expect of each other in this Commitment Statement.
Your Overall Health and Fitness
Our aim is to help you to feel better and improve your physical health, and we try to make this as enjoyable as possible through participation in our football leagues. We know that everyone has different aims, levels of skill, tolerance and fitness.
Your health is always your responsibility. It is therefore your responsibility to ensure that there are no medical reasons why you should not embark upon a recreational sports exercise and weight loss programme. If in any doubt at all, you should take medical advice from your doctor or health practitioner.
Anyone who has any medical problems must obtain their doctor’s permission to embark upon a weight loss programme with MAN v FAT Football. Anyone who has diabetes should inform us and always follow the advice given by their diabetes care team.
If you have or if you are concerned that you may have an eating disorder it is important to consult your doctor for advice.
If you have had weight loss surgery then you must have approval from your doctor or health practitioner that it is appropriate for you to join MAN v FAT Football.
It is required that each member takes responsibility for themselves when doing any exercise which has been advised by MAN v FAT Football or their representative, either at or outside the group. If at any time while exercising a member feels any ill effects then they must stop doing the exercise and we advise they check this out with their doctor.
You must truthfully and accurately record the food and drink you consume during the programme and make this record available to us at each Session.
MAN v FAT Football’s commitment to you
We will support you in your efforts to lose weight.
We will adhere to your own decisions about your exercise levels. We ask that you do not exceed your personal exercise levels or go beyond your own abilities.
We will make every reasonable effort to ensure all facilities, equipment and venues are safe and are in a suitable condition which is fit for purpose.
We will make sure that staff present provide the service’s they are trained to do to a necessary standard.
If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our Sessions, equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to MAN v FAT Football
While you are attending Sessions, we expect you to behave appropriately, respectfully and politely, and dress appropriately at all times. We can prevent you from attending a Session or ask you to leave if we think that your behaviour or your appearance is not suitable.
You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
If you are not sure how to use any equipment, always ask us before using anything.
Before you participate and or use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your participating safely. If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice.
If you have any sort of disability, you should follow any reasonable recommendations to maintain personal safety.
You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified medical staff, but there will be a person available who has had first aid training.
You should not attend a facility or participate in a Session if you have an infectious illness or condition, or if you are under the influence of drugs or alcohol.
To make sure you get the most from every activity that you do in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity.
You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.
You should tell the coach or a member of the membership team when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership.
You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell us or an appropriate member of staff at the facility.
You must not exercise beyond your capabilities in any given activity.
You are responsible for organising your own insurance against injury. MAN v FAT Ltd provides public liability insurance and employer liability insurance.
If you know or are concerned about a medical condition which might affect your ability to partake in sport/exercise you must get advice from your GP and follow that advice.
You should be aware of all rules, regulations and instructions including any fire exits or notices.
You should not carry out any activities which you have been told are not suitable for your own personal exercise abilities.
You should let us know immediately if you become ill or have injured yourself in any way. MAN v FAT Football staff will refer you to an appropriate first aider.
This Website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. www.manvfat.com is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
You are urged and advised to seek medical advice before beginning any weight loss effort or regime. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
Before starting any weight reduction plan, you should make sure that you are not underweight.
For more information, you should review our Health Notice, which is incorporated into these Terms & Conditions by this reference.
Limitation Of Liability
In no event shall Man V Fat Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arrising from your violation of any third-party’s rights.
The Site and its original content, features and functionality are owned by Man V Fat Ltd and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Man V Fat Ltd.
Disclaimer for MAN v FAT Football
When participating in any exercise or exercise program, there is the possibility of physical injury. If you are in any doubt or have any health concerns, the advice of a medical professional should be sought before participating in any physical activity or exercise program. If you engage in this exercise or exercise program, you agree that you are doing so voluntarily and entirely at your own risk. Furthermore, you hereby release MAN v FAT Limited from any and all liability arising out of your participation of the above mentioned activities and waive any rights herein to assert any claim(s) for damages or bodily injury to the fullest extent permitted by law.
The MAN V FAT instructors accept no responsibility for any loss, damage or injury to any participants / non participants, or to the personal property of any participant / non participant (or to any person accompanying whether by invitation or otherwise) who enters upon the instructor’s premises for whatever purpose and whether such loss, damage or injury is caused directly or indirectly by the instructors. Every participant by accepting these terms and conditions hereto warrants that to the best of their knowledge and belief they are suffering from no physical disability or illness whether or not such disability or illness is or may be affected by exercise of whatever degree, and further warrants to advise the Instructors if, after becoming a member they suffer from such disability or illness and every applicant by accepting these terms and conditions agrees to indemnify the Instructors and MAN v FAT Ltd in respect of any disability or illness whether suffered in the class or otherwise. It is the responsibility of the participant to ensure that if they start to feel unwell during the session then they should not continue with physical activity and seek appropriate medical advice. By participating in a MAN V FAT Ltd activity, every participant agrees to abide by our rules and regulations and understands the management reserves the right to refuse entry should these be contravened. Appropriate clothing is required at all times during sessions and it is your responsibility to provide this unless otherwise stated.
I, the Participant, fully understand and acknowledge that I am legally agreeing to the statements by proceeding with this registration and that these statements are being accepted by MAN v FAT Limited in consideration for permitting me to participate in the Events; and I further understand and acknowledge that my statements are being relied upon by MAN v FAT Limited and by the organisers, administrators, representatives, volunteers, staff, officials, contractors, employees, agents and all other persons involved in the Events (collectively known as the ‘Organisers.’)
I acknowledge that the events can be a test of a person’s physical and mental abilities and have potential for death, serious injury and/or property damage. I acknowledge and agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy to safely participate in any Events, and I confirm that I am sufficiently fit and physically trained to participate in the Events. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns I HEREBY FULLY WAIVE, RELEASE, and FOREVER DISCHARGE, INDEMNIFY and HOLD HARMLESS the Organisers from and against any and all claims, causes of actions, damages, losses (economic and non-economic) and liabilities of every kind except for death and/or personal injury caused by the negligence of the Organisation which may arise out of, result from, or relate to my participation in the Events I acknowledge and ASSUME ALL OF THE RISKS of participating in all aspects of the Events (‘Risks.’) I acknowledge that the Risks may include dangerous conditions and exposure to potential physical injury or even death and I am fully waiving and releasing my legal rights to make any claim (apart from any claim relating to death or personal injury caused by the negligence of the Organisers) in addition to any injury or damages.
We reserve the right to alter teams and to move team members to ensure a safe and fair league system is in place. This may mean moving players and re-distributing them around the teams. We will always seek to do this in accordance with the players’ wishes and best interests.
Terms and conditions for MAN v FAT Football
Performance of the Services
We will provide you with the Services only as long as you promise to abide by these terms and conditions. Your agreement to take part in MAN v FAT Football also requires your commitment to the Health and Wellbeing Commitment Statement.
If there is any cause for concern with us providing the Services we reserve the right to:
ask you to confirm in writing that the information you provide remains accurate and that nothing of significance has changed in your medical condition or lifestyle which will affect any Services we will provide; or
ask you provide a letter from a medical doctor indicating you can undertake fitness and sports exercise and or make significant dietary changes; or
not provide any Services until you have gone through a health check.
We provide our Services on the basis of a series of Sessions. This is because the best results or benefits are usually only possible if you commit to a series of Sessions.
It is not possible that any particular result or outcome can be guaranteed as a result of us providing our Services but our aim is to provide you the Services:
by using reasonable care and skill; and
that comply with commonly accepted industry practices and standards.
If any form of training or exercise we can offer is not suitable for you or that the form and type of training and exercise you require is not medically safe for you to undertake. In such cases we may require that you should consult with a medical doctor (such as your GP). In such cases, before we can perform any Services we may require a report or letter from a medical doctor to indicate that you can undertake exercise and training.
To protect the safety of all members and guests, you must pay particular attention to all signs relating to health and safety in facilities where Sessions take place. If you do not understand a notice or sign please ask us or a member of staff at the facility.
You must ensure that you make yourself fully aware of fire exits at facilities. If there is a fire or if you hear the fire alarm, you should make your way out of the club through the nearest possible exit to the advertised assembly point.
If you suffer an accident or injury at a facility you must report it to and the circumstances under which it happened to us as well as to an appropriate member of staff at the facilities immediately.
For legal and health reasons, you must not smoke while using any facilities for Sessions.
For your safety, you must wear appropriate clothing, including footwear for the playing surface and facilities.
We do not guarantee that car parking is available at any facilities.
You park in any facility car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in any facility car park whilst attending a Session.
You bring all personal belongings to any facility at your own risk. We do not accept legal responsibility for any loss or damage to these items.
Sessions and Services
Our Services are partly provided during sessions, normally given in up to 2-hour time slots (Session(s)). The actual period of the performance of Services during a session will often vary and usually comprises the following activities:
Arrival, changing and set up not less than 30 minutes’ before your scheduled game kick-off;
Weight recording, activity and diet monitoring;
Football game of usually up to 30 minutes’ duration
A few minutes at the beginning and each session is required to set up, record your weight, ask you any questions about your condition, any issues or problems etc and allowing you time to change etc.
MAN v FAT Football also provide online community and support services via its website and by way of individual messaging and or social media groups.
Stopping a Session
At any time during a Session if in our opinion we consider that:
you appear to be unwell or becoming unwell; and/or
not following my reasonable instructions (such as not following instructions intended to protect your, our or another person’s safety); and/or
you are behaving or acting unreasonably or are offensive,
then we may wish to stop your participation in a Session and future Sessions and not continue it.
If you book a block of Sessions then our fee will remain the same for that block of Sessions. We reserve the right to increase our Session costs but promise that we would always notify you in writing in advance if this was the case.
By proceeding with this registration you accept the responsibility to cancel any direct debits if you choose to leave the scheme. MAN v FAT Football will only cancel or amend a player’s direct debit if they state in writing to firstname.lastname@example.org that they require us to.
Players paying a deposit to join a free or reduced cost league will only be eligible for the return of this deposit after the completion of the free season. This is to ensure that players who sign up are committed and are not taking the place of a player who would make the full commitment. We count a completed season as someone who has attended 10 out of the 14 sessions.
Team sponsorship and merchandise are revenue streams for MAN v FAT Football and as such teams may not wear sponsored kit without:
informing the Coach and the central team via email@example.com they intend to do so and submitting the name of the team and the logo of the proposed sponsor and,
purchasing official kit through the MAN v FAT Shop https://shop.manvfat.comto MAN v FAT in consideration of exposure and press coverage given to the sponsor via the league.
We have to enforce this rule seriously not only to protect income for the leagues but also because we do not want inappropriate sponsors associated with the league, which could threaten the integrity of the project. Teams who wear unofficial kits with sponsor logos will be asked to play in separate kits or forfeit their games.
Referral scheme – please note that players you have referred into the league are only eligible for their 50% discount once they have played 10 games in the league. They must also not have been removed from the league or currently be in arrears with any payments. The 50% off is only available up to a maximum of £5, regardless of whether a player paid £17.99 or £9.99. We reserve the right to refuse payment if a player has not followed the terms of the referral scheme. The referrers payment of £5 shop credit will be sent after 7 days of the player signing up. We reserve the right to make changes to the referral scheme at any time.
The registration fee is non-refundable unless the league is cancelled by MAN v FAT Ltd. League fees will only be taken out in the month when the league commences.
If your payment via Direct Debit fails you will receive an invoice payable immediately that will include an admin fee to cover the additional work required to update your payment history.
If you cancel your Direct Debit mandate but later decide to return to MAN v FAT Football you will be required to pay the standard registration fee.
By default, your monthly payment subscription will commence 6 days from the date on which you are assigned to a team, which is the soonest possible via Direct Debit. If your first session should fall on a date prior to that first collection date, you will additionally be billed for the cost of that individual session.
If you wish to change the regular date on which your payments are made via Direct Debit each month, you can arrange in advance to make a pro rata payment for the days between your default due date and your preferred collection date.
If you are late for a Session or you cancel
If you are late
If you are late arriving to a Session and arrive later than the time set out at clause 3.1.1 herein and if, in our reasonable opinion, we consider that providing our Services will serve no practical value or will be unsafe for you in the time available remaining of the Session then we may exclude you from the Session. You will still be expected to pay for the Session however.
If you cancel
If you cancel a Session when you have booked a block of Sessions, as this is a group activity we cannot re-arrange the Session for another time and no refund will be offered.
If we cancel
On occasion we may have to cancel a scheduled Session. This may occur because of a number of reasons, such as that our Coach is unwell, unsuitable weather or a preceding session has overrun or our Coach cannot reach the location where we have a scheduled Session because of travel problems (traffic jams, etc). If a cancellation occurs in this situation then we may offer you a refund of our fee for that scheduled Session. An individual Session fee is equivalent to £3 per Session.
Rather than cancelling a session, we reserve the right to offer players an alternative session to the one they were scheduled to play in. This may occur when we can source an alternative facility. We would always seek to make sure that this facility was at a similar time and within reasonable travelling distance.
Session cancellations due to weather conditions (Player safety)
If a league venue deems weather conditions or the playing surface to be unsuitable for a session to go ahead, MAN v FAT Football will follow these recommendations in the interest of player safety. At MAN v FAT we also reserve the right to cancel a session if we feel there is an increased risk to player safety even if the league venue remains open to the public.
If a MAN v FAT Football session is cancelled players may submit a claim for a partial refund. This claim is made to the amount of £3.00. This is to reimburse players for the missed football session, as players are still able to access weight loss support throughout this time as normal. To submit a claim players must provide their league coach with their paypal details. MAN v FAT Football will then issue this payment within 30days. Claims will remain valid for 30 days from the date of the cancellation after which time claims will become void.
Public Holidays or Facility Closure
If Sessions are scheduled on days where there is a public holiday or if a facility is scheduled for closure in advance on a particular day, then the Fees remain payable in full. This may result in you participating in less than the intended number of 14 Sessions.
Use of Online Communications
As part of the Services we provide we may offer various types of online communications via websites, mobile applications, software applications or on social media accounts (the Communications’). Any use of the Communications are subject to the terms and conditions of any third party provider as well as the Rules set out at Schedule 2 herein.
Limitation on our liability to you
Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us. Our liability for death or personal injury is also subject to certain limitations which are set in clause 9.
Limitation and exclusion of liability for personal injury and death
We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we cause your death or personal injury to you by our negligence) unless that failure is attributable to:
your own fault;
a third party unconnected with the provision of Services under this contract; or
events which we could not have foreseen or forestalled even if we had taken all reasonable care.
Contacting each other
If you wish to send us any notice or letter then you should send it to firstname.lastname@example.org. If we wish to send you a letter or notice we will use the address you have given to us.
Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
If you are unhappy with the Services we provide we hope you will discuss any problems or issues with us first. If you wish, you may, at any time, take court proceedings. If so, you must do so within the courts of England and Wales. This contract is governed and construed by the law of England and Wales
13. Removal from MAN v FAT
We reserve the right to remove a participant from any of our schemes at any point and refuse them re-entry. MAN v FAT Ltd does not have to provide an explanation as to why someone has been removed, although we will often seek to do so.
14. Non-competition clauses and GDPR provision
In accepting these terms and conditions and taking a place on a MAN v FAT Football league or other associated scheme offered by MAN v FAT Ltd or other subsidiary, you agree not to set up, advise upon or enact any competing weight loss football schemes either by yourself or in agreement with another party.
This agreement is bound by four covenants:
i – Geographic restriction covenant. Any future weight loss football schemes that you choose to set up, advise upon or enact must not be delivered within 50 miles of the original location that you attended.
ii – Time-based restriction covenant. Any future weight loss football schemes that you choose to set up, advise upon or enact must not be delivered within 12 months from the date that you leave the scheme provided by MAN v FAT Ltd.
iii – Non-solicitation covenant. Any future weight loss football schemes that you choose to set up, advise upon or enact must not be delivered with other clients, customers, suppliers who have previously worked with MAN v FAT Ltd on the delivery of the scheme.
iv – Non-poaching covenant. Any future weight loss football schemes that you choose to set up, advise upon or enact must not be delivered with former employees of MAN v FAT Ltd within the 12 month time period, stated in covenant ii.
Should this agreement be breached then MAN v FAT Ltd reserves the right to pursue damages equal to the costs incurred and equivalent to any projected future loss of earnings.
To maintain our GDPR commitment we are obliged to refer any breach of these conditions; including any documented and evidenced contact with former or existing players, suppliers or employees without a prior contractual agreement with these individuals to the Information Commissioner’s Office (ICO) for them to pursue their own case. MAN v FAT Ltd reserves the right to pursue damages separate to any ruling given by the ICO for a breach of confidentiality under the Schedule 2 Online Communication Terms outlined in this document.
Online Communication Terms
To protect your own interests you must read and understand the following important rules before using MAN v FAT Football online communications and or social media. If you are uncertain as to your rights under these rules or you want any explanation about them please e-mail email@example.com, at the e-mail address and telephone number set out 0845 163 0042.
These terms and conditions of use (the Rules) explain how you may use the bulletin board and all associated web pages (the Communications). References in these Rules to the Communications includes the following mobile or computer applications and websites: www.manvfat.com [manvfatfootball.org, www.facebook.com/manvfat, www.twitter.com/manvfat and all other social media accounts and MAN v FAT Ltd websites] You should read these Rules carefully before using the Communications. By accessing, using or submitting any material to the Communications (or otherwise indicating your consent), you agree to be bound by these Rules and the documents referred to in them. If you do not agree with or accept any of these Rules, you should cease using the Communications immediately. If you have any questions about the Communications, please contact firstname.lastname@example.org.
means any text, images, video, audio or other multimedia content, software or other information or material submitted to, or accessible from, the Communications including, but not limited to, any Contributions made by other users of the Communications;
means any contribution made to the Communications;
means any malware (including, but not limited to, any viruses, worms, Trojan horses, spyware, adware, time bombs, logic bombs or keystroke logging software) or other similar harmful or malicious software code;
We, us or our
means MAN v FAT Ltd a company incorporated in England and Wales under company number 08953172, and whose registered office is at C/O MC Accountants, Office 4, 19 Market Square, Sandbach, CW11 1AT (MAN v FAT Football ); and
You or your
means the person accessing or using the Communications or its Content.
We may add to or replace these Rules with additional terms and conditions (‘Additional Terms’) which relate to specific Content or the Communications. Additional Terms will be made available on relevant pages of the Communications. You should therefore check the Communications from time to time to check to see whether any Additional Terms apply to you. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these Rules.
Intended users of the Communications
The Communications are intended for members and players registered with MAN v FAT Football who are residents of the United Kingdom over the age of 18 If you are under the age of 18 you may not use the Communications.
Our goal is to make the Communications as accessible as possible. If you have any problems accessing the Communications or the content contained on it, please contact us at email@example.com
How to submit contributions
If you wish to post a Contribution to the Communications you need to register by completing the registration form at firstname.lastname@example.org. If we accept your registration, you may post a Contribution via the Communications.
You agree that:
any Content you supply to us:
is your own original work
has been lawfully provided to us (in particular, it is not in breach of any intellectual property rights of any third parties) and that you have all necessary consents to provide this to us and
we shall be entitled to disclose your name with any such Content that we may choose to publish.
You agree that you waive all moral rights you may have in any such Content (including, but not limited to, the right to be identified as the author of the Contribution) but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.
The Communications are for your personal and non-commercial use only. You agree, when using the Communications:
to be relevant when making a Contribution
to be respectful to other users when making a Contribution; in particular
not to deliberately post hostile messages (also known as ‘flaming’ or ‘bashing’)
not to befriend any another users in an abusive or exploitative manner (also known as ‘grooming’)
your Contribution does not contain any material which might bring us or the Communications into disrepute
not to promote violence, any pornographic material or any activity that is illegal
that any Contribution:
when it includes any opinion, is a genuinely held opinion
when it includes any facts, is true and accurate
does not contain any:
violent material, pornographic material or activity that is illegal
material which is invasive of a third party’s privacy
advertising or marketing material (whether for commercial or non-commercial gain) including, but not limited to, material derived from deceptive techniques such as ‘astroturfing’, ‘flogging’ or ‘sock puppetry’
spam, junk mail, chain letters, material regarding any pyramid promotional schemes, or any similar material
patentable ideas or patent applications
material which you regard as confidential, commercially sensitive or valuable
communications and contact details of other members of the schemes are considered confidential material – you agree not to contact other members of the scheme outside of the scheme that MAN v FAT Ltd is providing to you
material which means that are liable to any third party
material which infringes the rights of any third party
material which means that you are in breach of any duty that you have towards a third party or generally (this might include, but is not limited to, material that you are not allowed to make available such as under any contract of employment or confidentiality agreement)
statements or suggestions that we endorse any other business, product or service unless we have separately agreed to do so in writing
that any Contribution to the Communications will be lawfully made. In particular, you agree that any Contribution will:
not be in contempt of court
not be harmful, threatening, harassing or offensive
not be discriminatory
not have any fraudulent purpose (including, but not limited to, impersonating any other person or not being entirely truthful to us when you register as a user of the Communications)
not be defamatory, derogatory or offensive
unless expressly permitted in law, not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Communications or its Content
that you are solely responsible:
for all costs and expenses you incur when using the Communications
for keeping your password and other account details confidential
We may stop or suspend your access to the Communications if you do not comply with any part of these Rules or any applicable law.
We will decide, acting reasonably, whether any Contribution breaches any of these Rules.
The Communications are not a secure means of communication and any information that you supply to us will not be kept confidential. Therefore:
you should not make any Contribution which you regard as being confidential, commercially sensitive or valuable (Unwanted Contributions)
any Contributions, including any Unwanted Contributions, made to us are deemed to be our property
by making a Contribution, you agree that, subject to our Privacy Statement, we may use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We will not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Contributions
Moderation of the Communications
The Communications are not moderated by us.
Ownership, use and intellectual property rights
The Communications and all intellectual property rights in the Communications including, but not limited, to any Content are owned by us and/or our licensors.
We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these Rules grants you any rights in the Communications other than as is necessary to enable you to access the Communications. You agree not to adjust, try to circumvent or delete any intellectual property notices contained on the Communications and, in particular, in any digital rights or other security technology embedded or contained within any Content.
Accuracy of information and availability of the Communications (etc)
While we use reasonable efforts to [include accurate and up-to-date information on the Communications and to] ensure that the Communications operates in a safe environment, we do not promise (known as a warranty in law), whether expressly or by implication (except as otherwise expressly required by applicable law) that any Content is or remains:
up to date
free from any Malware
free from any bugs, errors or omissions
of satisfactory quality
fit or suitable for any purpose
Any reliance you may place on the information on the Communications are at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information in any Contribution. The Content is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we make commercially reasonable efforts to ensure that the Communications are available, we do not promise (known as a warranty in law) in any way the Communications continued availability at all times or uninterrupted use by you of the Communications. We may suspend or terminate the operation of the Communications at any time at our sole discretion although we will make reasonable efforts to let you know if we are going to suspend or terminate the operation of the Communications.
Hyperlinks and third party sites
The Communications may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
You may not display any hyperlink to any third party website when you make a Contribution unless you have our permission to do so.
Limit on our responsibility to you
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
were not foreseeable to you and us when this contract was formed
that were not caused by any breach on our part
losses to non-consumers
These terms are dated 1/1/2016. No changes to these terms are valid or have any effect unless agreed by us in writing.
Unless otherwise expressly stated in these Rules, all notices from you to us must be in writing and sent to our contact address at email@example.com and all notices from us to you will be displayed on our website from to time.
We shall have no liability to you for any breach of these Rules caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Rules is unenforceable the enforceability of any other part of these Rules will not be affected.
If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
Except for our group companies, affiliates, directors, employees or representatives, a person who is not a party to these Rules has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Rules but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
These Rules (together with our Website Terms and Conditions ; our Privacy Statement and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Communications. You confirm that you have not relied upon any statement or other communication whether written or otherwise made by us (any ‘Representations’) in connection with these Rules. They replace any Representations which are not contained in these Rules.
Except for fraud or fraudulent misrepresentation, we shall have no liability to you for any Representations being untrue or misleading.
You may not transfer any of your rights and duties in these Rules to any other person. (This includes, but is not limited to, a transfer by way of assignment or sublicence.)
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with any matter under these Rules please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you.
If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract
Relevant United Kingdom law will apply to this contract
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
TERMS AND CONDITIONS FOR THE CHECK YOUR HEALTH FORM
When completing this form, you can be assured we will only use the data provided to fulfil this service. The data is held within our email system which is Mailchimp who are based in the USA. We never sell your data. You can opt out of any MAN v FAT Ltd communications simply by pressing the unsubscribe button.