This document contains the terms and conditions that govern your use of the www.physchim.info website(s). WE WELCOME YOU TO THE Physchim Weight Loss Clinic UK, LLC WEBSITE(S) AVAILABLE AT AND UNDER www.physchim.info AND/OR OTHER UNIFORM RESOURCE LOCATOR(S) AND THE RELATED OR LINKED PORTALS, INFORMATION MANAGEMENT SYSTEMS, INTRANETS, PASSWORD PROTECTED INFORMATION SYSTEMS, EMAIL OR WIRELESS WEBSITES OF OUR OR OUR This Terms of Service Agreement (the “Agreement”) governs your use of the Physchim Weight Loss Clinic® Sites and your access to and use of the webpage, sub-pages, URLs, links, trademarks, trade names, trade dress, slogans, logos, copyrights, information, other content, wireless services, portals, email functionalities, operating systems, and electronic communications and data management systems and services offered on or through the PWC Sites and the PWC Sites. ” This Agreement, as it may be amended or supplemented from time to time by us (as further described below), will govern your access and use of the Physchim Weight Loss Clinic® Sites and Services. You also agree to all of our operating rules and policies, as well as any Services that we may approve or publish on the Physchim Weight Loss Clinic® Sites. This reference includes all of the previously mentioned regulations and policies. Physchim Weight Loss Clinic® Sites and Services are subject to additional operating guidelines. To learn more about being a Franchisee, check out our Manuals. You also agree to be held accountable for such obligations. If you want access to Franchisee-only sections or buying services, you may need to register and/or agree to extra terms and conditions, and we will notify you of those additional terms and conditions when you register with the Physchim Weight Loss Clinic® Sites.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE Physchim Weight Loss Clinic® SITES OR THE SERVICES.
We have the right to amend this agreement at any time without prior notice.
If we make any changes to the terms of this Agreement, you will be notified through email. We also retain the right to impose new rules, regulations, terms or restrictions on your use of the Services at any time. The Physchim Weight Loss Clinic® Sites will publish any updates, revisions, supplements, modifications, and other rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) as soon as we designate, including by posting to the Physchim Weight Loss Clinic® Sites. If you continue to use any of the Physchim Weight Loss Clinic® Sites after receiving this notice, it will be deemed your agreement to all of the Additional Terms. This Agreement incorporates all additional terms by reference.
We reserve the right to make changes or discontinue providing certain services at any time.
It is possible that the Physchim Weight Loss Clinic® Sites and Services will be modified or discontinued at any moment, with or without notification to you. In other words, we reserve the right to make changes, cease services, or delete content at any time and for any reason. You acknowledge and agree that we will not be responsible to you if any Physchim Weight Loss Clinic® Sites or the Services are modified, suspended or discontinued. We reserve the right to deny anybody access to the Physchim Weight Loss Clinic® Sites or the Services at any time.
Business and Area Managers of the Physchim Weight Loss Clinic® are Independent Contractors.
Please follow these guidelines when using the services:
We are not responsible for any fees or costs associated with your use of the Physchim Weight Loss Clinic® Sites or Services. You must have access to the World Wide Web (or other technology we may designate) directly or through devices that access content and pay all service fees, if any, associated with that access.
Deep Links Except as expressly allowed in writing by us, you shall not “deep-link” to this Physchim Weight Loss Clinic® Site. The Physchim Weight Loss Clinic® Business does not provide you permission to make links from your website to any other website using the Marks and/or our intellectual content, or offering products or services sales, without our prior written permission. The Physchim Weight Loss Clinic® Sites must be deep linked to and approved in writing by us.
Security, cracking and hacking Do not breach or attempt to breach the Services’ security. For example: submitting a virus to the Services, overloading, “ System or network security violations can lead to legal or criminal responsibility. In such cases, we may collaborate with law enforcement agencies in prosecuting violators. Know that data and conversations sent through the Internet can be accessed by unauthorised individuals. That it is your obligation to get and utilise third-party software products that enable encryption and other security protocols compatible with those that we may employ from time to time in connection with the Services, and not ours, you agree.
Spidering. AUTOMATICALLY DOWNLOADING OR “SPIDERING” OUR COPYRIGHTS BY ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS INFRINGES OUR COPYRIGHTS AND IS PROHIBITED. USE OF SUCH TOOLS OR PRODUCTS ON OR WITH THE SERVICES IS PROHIBITED.
Termination If we suspect your behaviour violates this Agreement, we may suspend or terminate your service immediately. No matter how you use the Services, Marks, or our copyrighted materials, you may be liable to legal and criminal liability if you use or attempt to use them for purposes other than those intended.
You are solely responsible for your actions and posts. This includes information you supply as part of any registration or application process or to obtain access to any Services. To the extent permitted by law, you may not use or disclose any information obtained through the Services for any purpose other than that for which it was collected. When using the Services, we expect you to use prudence, common sense, and good sense. NON-USE OF THE SERVICES IN CONNECTION WITH:
Forging any TCP/IP packet header or portion of the header information in any email or other publication;
Aims defrauding or unlawful;
Using the Services to send emails containing unlawful, harmful, harassing, defamatory, tortious, libellous material of any kind, or transmitting sexually explicit materials, including images and other connotations;
Sending content with viruses, worms or other computer code designed to harm a computer or disrupt our (or others’) Services, harm, intercept or expropriate any system, data, or information;
Infringing on our intellectual property rights; &
To assist you in breaking this Agreement or any Physchim Weight Loss Clinic® Business Clinic Franchise Agreement with us.
Account password and ID. A password and account are required to use the Services or any Physchim Weight Loss Clinic® Site. This means that you are totally responsible for keeping your passwords and accounts safe. So you must keep your accounts secure and private. Notify any third parties of your password or account details. Any illegal use of accounts or security breach must be reported promptly. As a result of your failure to comply with this Section, you acknowledge that neither we nor our affiliates are responsible for any damages caused as a result of the abuse or insecurity of passwords.
Respect the intellectual property rights of others. Use the Services or a Physchim Weight Loss Clinic® Site to: I transmit copyrighted material, unless you own the copyright or have obtained the copyright owner’s permission to transmit it; (ii) transmit trade secret material, unless you own the trade secret or have obtained the permission of the owner of the trade secret to transmit it. “Intellectual Property Rights” denotes collectively all intellectual property rights recognised in any nation or jurisdiction worldwide (including moral rights, copyrights, copyright infringements, and trade secret protection laws).
Ownership The trademarks, trade names, logos, colour schemes, service marks, slogans, and other Intellectual Property Rights shown on any of the Physchim Weight Loss Clinic® Sites are our or our licensors property. Any and all content and materials on the Physchim Weight Loss Clinic® Sites, including but not limited to the Marks, button icons, images, audio clips, and software are our or our licensors’ property and are protected by UK and international copyright, patent, trademark, and proprietary rights laws. Copyright laws safeguard the collection of all content on Physchim Weight Loss Clinic® sites. Copyright protection laws safeguard any software used on the Physchim Weight Loss Clinic® sites. The Services may be copied or exploited only to the extent authorised by copyright law. Please note that you may only download, display and print one (1) copy of the content on our site per computer for non-commercial use. You will not use the Marks or other material on any site, website, web page, portal, or any other kind of advertisement without our prior written authorization. This Agreement prohibits you from using our Marks or copyrighted materials in search engine descriptions, content (meta-tags, “white lettering”, key words, or other means of influencing web traffic to any website, webpage, portal, or email operated, controlled, or authorised by you. Your use of the Marks is prohibited. This includes any content from the Physchim Weight Loss Clinic® Sites, the Marks, or our copyrighted works.
Lawful compliance Use the Services and Physchim Weight Loss Clinic® Sites exclusively for legal reasons. You undertake to comply with all relevant local, state, national, and international laws, statutes, rules, regulations, ordinances, and the like. You agree not to export or re-export any technical or other data from the UK (or from your country if you are not located in the UK) in violation of applicable laws, rules, or regulations, and not to export or re-export any such data or other content or materials without first obtaining all necessary licences, consents, and approvals, including a licence, consent, or approval from the UK.
Your Service Access. Access specific Physchim Weight Loss Clinic® Sites to purchase items or services from us or our affiliates. Offers and sales conducted through such Physchim Weight Loss Clinic® sites will be subject to our Purchase Policies and this Agreement. See our purchase policies in our manuals.
E-Sign Electronic contributions constitute your commitment to be bound by the agreements you enter into. To the extent permitted by law, including the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), you consent to the use of electronic signatures, contracts, applications, and other records in transactions initiated or completed through this Physchim Weight Loss Clinic® site. By signing this agreement, you agree to renounce any rights or obligations you may have under any legislation, regulation, rule, ordinance, or other law that requires an original signature, non-electronic records, payments, or credit. You can acquire a copy of this Agreement by printing it now or by emailing us at [email protected] Please note that we may charge up to €15 per copy of this Agreement. Defined as a page with current information (which may include news of interest to users of the Physchim Weight Loss Clinic® Sites, shipper information, and other Services), you acknowledge and agree that such information may be provided by third parties over those we have no control. The material of the Physchim Weight Loss Clinic® websites is not guaranteed to be accurate, relevant to you, or non-offensive.
No Warranty. SUCH USE IS AT YOUR OWN RISK. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT ARE EXCLUDED FROM THESE TERMS AND CONDITIONS. ERRORS OR DEFECTS WILL BE CORRECTED OR THE Physchim Weight Loss Clinic® SITES WILL BE UNINTERRUPTED OR ERROR-FREE. ACCESSING THESE SITES FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. We also do not guarantee that the published fees are an accurate or true reflection of the fees, terms, and conditions that will be binding between the contracting parties.
Liability Limitation PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE Physchim Weight Loss Clinic® SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARE EXCLUDED FROM LIABILITY (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE AGGREGATE LIABILITY OF US SHALL BE LIMITED TO DIRECT DAMAGES UP TO TWO HUNDRED FIFTY DOLLARS ( €250). This limitation of liability applies to all liabilities, including but not limited to those arising from or related to your use or inability to use the Physchim Weight Loss Clinic® sites or services. LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR DIRECT OR INDIRECT DAMAGES.
Our Indemnity If you use the Services or the Physchim Weight Loss Clinic® Sites for any purpose other than as expressly stated below, you agree to indemnify and hold us harmless, and to defend us against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees.
Priority Order This Agreement regulates your use of the Physchim Weight Loss Clinic® Sites and Services. It does not affect any other agreement you have with us or our affiliates. Concerning any discrepancy between this Agreement and any existing agreements with us or our related or connected businesses, the provisions of this Agreement shall prevail.
Sales of Services A Physchim Weight Loss Clinic® Business Franchisee may not resell the Services (or any part thereof) without our prior written authorization. If you desire to resell the Services or utilise the Marks in this manner, please contact us. If you desire to access or use any of the Services, copyrighted materials, or Marks for business reasons, please contact us to explore establishing a commercial partnership and if we would offer you formal authorization. Your use of the Services does not grant you ownership or licence rights in any Marks or copyrighted content. We retain all rights not expressly granted in this Agreement. If you suspect your copyright rights are being violated, please contact our designated people who help with copyright notice and takedown rules.
Picking a law and forum We control the Services from Florida, UK, but they may be accessed and utilised globally. You and we both agree that, subject to this Agreement, the substantive laws of Florida, UK shall govern all matters pertaining to or arising from this Agreement or the use (or inability to use) the Services. Subject to the aforementioned dispute resolution processes, you and we agree to submit to the exclusive jurisdiction and venue of the UK state and federal courts. Any claim or cause of action arising out of or linked to the Services must be filed or otherwise begun within one (1) year of the claim or cause of action arising.
Other Terms This Agreement supersedes any prior agreements by you and us relating to the subject matter addressed herein, although this Agreement may be supplemented by any other agreement you enter up with us pursuant to a registrar. Our failure to assert or enforce any right or term of this Agreement does not relinquish that right or provision. This Agreement’s other terms will continue in full force and effect in the event that any provision is deemed to be illegal by a court of competent jurisdiction. No legal or contractual effect is given to the section headers used in this Agreement.
ADVICE MEDICAL The “content” of the Physchim Weight Loss Clinic® Sites includes text, graphics, photos, information, descriptions, diagrams, and other items owned by us, our affiliates, or our Licensors. The content is purely informative. The information is not meant to replace or supplement any type of professional medical advice, diagnosis, or treatment. You should consult your physician or another skilled healthcare practitioner if you have any concerns about a medical problem or suspect one. No professional medical advice should be ignored or delayed because of anything you read on the Physchim Weight Loss Clinic® Sites or other communications from us. If you have a medical emergency, contact 911. Nous ne recommandons pas ni endorsons aucun test, physician, product, operation, opinion ou autre information mention To the extent permitted by law, you agree not to rely on any information or Services given by us (Physchim Weight Loss Clinic®). The Physchim Weight Loss Clinic® Sites may include health, wellness, weight loss, or nutritional information that you or others may find sexually explicit or objectionable, regardless of your religious or political beliefs. You may not wish to use the Physchim Weight Loss Clinic® Sites if you find any of the content objectionable or explicit.
Physchim Weight Loss Clinic® Sites are not intended for use by or accessible to minors. YOU MAY NOT ACCESS OR USE THE Physchim Weight Loss Clinic® SITES OR SERVICES IF YOU ARE NOT LEGALLY AN ADULT IN YOUR STATE OR ARE UNDER THE AGE OF 18. IF SO, STOP USING THE SERVICES AND DO NOT ACCESS THE Physchim Weight Loss Clinic® WEBSITES.