Conditions of Use:
BANDBOOZLEDprovide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions.
YOUR MEMBERSHIP ACCOUNT:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BANDBOOZLED and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice . We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site throughyour internet connection are aware of these terms, and that they comply with them.
BANDBOOZLED grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BANDBOOZLED. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BANDBOOZLED. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BANDBOOZLED and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BANDBOOZLED’s name or trademarks without the express written consent of BANDBOOZLED. Any unauthorized use terminates the permission or license granted by BANDBOOZLED. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BANDBOOLZED so long as the link does not portray BANDBOOZLED, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BANDBOOZLED logo or other proprietary graphic or trademark as part of the link without express written permission
Each registration is for a single user only. You should not share your user nameor password with any other person nor with multiple users on anetwork.
Responsibility for the security of any passwords issued rests with you. You are entirely responsible for any and all activities which occur under your useraccount.
This website is not directed to individuals under 18 years.It is your responsibility if you are under 18 not to use this site, jot the responsibility of BandBoozled to check your age and notify you
Our Plan/ Information is only intended for use by healthy adults and is not intended for use by pregnant women, individuals under the age of 18 years old or anyone who has a medical condition that would inhibit them from following the advice from BandBoozled. Every individual should check with their doctor before following any specific medical / dietary advice. BandBoozled offers general advice for patients following gastric band surgery or balloon insertion not specific advice tailored to individuals. The advice should be followed at the users own risk
BandBoozled is not a medical organisation and we cannot give you medical advice or diagnosis. Nothing contained in our Plan/Information or on our website should be construed as advice or diagnosis.
Reliance on information posted:
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any member to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly:
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it temporarily or indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. The material will be in date at the time it is put on the website
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and any third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied bystatute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any userin connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue:loss of business;loss of profits or contracts;loss of anticipated savings;loss of data;loss of goodwill;wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence,nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site:
PRODUCTS / SERVICES:
Monthly cost of membership is £9.99 per month. However, this cost may change at BandBoozled discretion and in conjunction with any offers BandBoozled put on
REFUND / CANCELATION POLICY:
BandBoozled lets the member cancel their membership any time without any cost implications http://www.bandboozled.co.uk/members-homepage/membership-cancellation/
HACKING / VIRUSES:
You must not misuse our site by knowingly introducing viruses, logic bombs, trojans, worms, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of- service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-serviceattack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or toyour downloading of any material posted on it, or on any website linked to it.
Linking to our site:
You may link to our home page, provided you do so in a way that is fair and legal anddoes not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Links from our site:
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents ofthose sites or resources, and accept no responsibility for them or for any loss or damage thatmay arise from your use of them.
DELIVERY POLICY/ RISK OF LOSS:
BandBoozled will deliver items from our online Shop when ordered directly via our site. We aim to have deliveries to you 2 weeks from the date we receive the order
Your Cancellation Rights:
If you are a consumer, you have a legal right to cancel the contract between you and us under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below. This means that during the 7 day period, if you change your mind or for any other reason you decide you do not want to keep any goods, you can notify us of your decision to cancel the contract and receive a refund.
If the goods have already been delivered to you, you have a period of seven working days in which you may cancel, starting from the day after the day you receive the goods.
To cancel a contract, you must contact us in writing by sending an email to email@example.com You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you email us notice of cancellation as described above.
Cancellation of Product orders:
If you cancel your Contract we will:
(a) refund you the price you paid for the Products (subject to any fee retained in accordance with our standard terms and conditions). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
(c) make any refunds due to you as soon as possible
If you return the Products to us because they are faulty or not described correctly by BandBoozled, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must post this back – contact details of front of website
(b) unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us.
All items purchased from BANDBOOZLED are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
When you visit BANDBOOZLED or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT/ TRADEMARK NOTICE:
All copyright and other intellectual property rights in this Website and its contents (including but not limited to software, photos, text, graphics, button icons,sounds, digital downloads, videos, ideas, recipes, drawings, articles and notes) are the property of BandBoozled
You must not alter or delete the copyright/trademark notices. You must not copy, reproduce, publish, sell, rent, transmit or distribute or otherwise use any of the contents of this Website or any of the trademarks or logos of BandBoozled
All other trademarks not owned by BANDBOOZLED or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BANDBOOZLED or its subsidiaries.
The forum (The Café) Disclaimer:
Welcome to The Café – a great place to ask questions, chat to others with a band or balloon and get a little more support and motivation
We would like to ask everyone to be respectful of others here and post in a helpful, non – judgemental manner. BandBoozled is a friendly community and we would like everybody to feel welcome here and feel they can ask questions without being afraid of the responses they may get
Whilst the BnadBoozled is manned daily by our expert dietitan and nurse Sue and Nic it may be difficult to police every single comment ion here. Therefore only the advice given by Sue and Nic can you take to completely accurate and based on years of experience in the Bariatric Industry – these will have the BandBoozled Logo beside these comments. All other comments are greatly appreciated and whilst provide a great insight into living with the band or balloon they are peoples opinions and experiences and must not be taken as factual evidence. BandBoozled cannot take any responsibility for the content and accuracy of messages other than those posted by themselves
BandBoozled do not endorse any specific products and cannot accept responsibility for other products mentioned by our members
We do reserve the right to remove any posts/ comments from individuals members that we feel are not suitable should public viewing. BandBoozled also reserve the right to restrict access to The Café area or the site where at its sole discretion feels this is an appropriate course of action
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BANDBOOZLED reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant BANDBOOZLED and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BANDBOOZLED and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify BANDBOOZLED or its associates for all claims resulting from content you supply. BANDBOOZLED has the right but not the obligation to monitor and edit or remove any activity or content. BANDBOOZLED takes no responsibility and assumes no liability for any content posted by you or any third party.
BANDBOOZLED and its associates attempt to be as accurate as possible. However, BANDBOOZLED does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BANDBOOLZED itself is not as described, your sole remedy is to return it in unused condition.
By visiting BANDBOOZLED, you agree that the laws of the UK, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BANDBOOZLED or its associates. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Any dispute relating in any way to your visit to BANDBOOZLED or to products you purchase through BANDBOOZLED shall be submitted to confidential arbitration in UK, except that, to the extent you have in any manner violated or threatened to violate BANDBOOZLED’s intellectual property rights, BANDBOOZLED may seek injunctive or other appropriate relief in any UK court and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Our T&C’s govern your visit to BANDBOOZLED. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY BANDBOOZLED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANDBOOZLED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BANDBOOZLED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANDBOOZLED DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BANDBOOZLED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANDBOOZLED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.