Terms Of Use

1. Introduction.

1.1 Please Read the Following Terms of Use Carefully.

1.2 In these Terms of Use: (a) “we”, “our” and “us” means Optimum Lifestyle Limited, a company registered in England & Wales with company registration number 09591556. Our registered office is at 83 Ducie Street, Manchester, M1 2JQ. (b) “you” and “your” means a user of the website at https://mynutricounter.com, and its subdomains (the “Website”).

1.3 These Terms of Use set out the terms and conditions on which you and we agree to make available to you access and use of (i) the Website, or (ii) any downloadable applications offered by us.  These Terms of Use also govern your purchase of products and services from the Website.

1.4 If you have any questions regarding these Terms of Use, or need to contact us for any reason whatsoever, you may contact us (i) through our website contact form, (ii) through our website chat facility, (iii) by telephoning our customer service team at 0330 133 1213, or (iv) by e-mail us at [email protected].

 2. Acceptance of the Terms of Use.

2.1 By using the Website, you agree to be legally bound by these Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy.

2.2 If you do not agree with these Terms of Use or Our Privacy Policy, you should not use the Website. Please save and/or print a copy of these Terms of Use and Our Privacy Policy for your future reference.

3. Amendments to Terms of Use.

3.1 We may amend these Terms of Use from time to time. If we do, we will publish the changes on the Website. It is your responsibility to check the Website periodically for changes to these Terms of Use. Amendments to these Terms of Use will take effect immediately upon publication on this Website, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms of Use, you must not continue to use the Website after the date on which the amendments take effect.

4. Your Obligations.

4.1 You agree not to:

(a) use or access the Website for any fraudulent or unlawful purpose;

(b) use or access the Website to impersonate any person or entity;

(c) interfere with or disrupt the operation of the Website or access to it;

(d) transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;

(e) restrict or inhibit the ability of any other person to access or use the Website;

(f) modify, adapt or translate any portion of the Website;

(g) remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website.

5. Links.

5.1 From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third-party websites. We do not review such third-party websites and you acknowledge and agree that:

(a) we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control their content or availability;

(b) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and

(c) if you access any such websites, you do so entirely at its own risk.

5.2 You may include links to the Website on another website providing you acknowledge and agree the following:

(a) we do not promise that the Website will be continuously available (and therefore such links may not always work);

(b) you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the intellectual property rights, of any third party or contains any adult content;

(c) we reserve the right to object to any such links and require you to remove them.

6. Legal Disclaimer. 

6.1 Nothing in these Terms of Use is intended to exclude or limit our liability that cannot be excluded or limited by law.

6.2 Save as expressly provided in these Terms of Use, the Website is made available to you on an “as is” basis. We disclaim and do not accept any liability to you in respect of the Website, your purchase or use of products or services offered on the Website, your general use of the Website or otherwise. It is your responsibility to ensure that the Website or the products and services purchased by you on the Website is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the Website or the products or services offered on the Website in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms. We give no warranty:

(a) that access to the Website will be uninterrupted or error-free;

(b) that the Website and/or the computer server from which the Website are made available, are free of viruses or other harmful components; or

(c) as to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Website or otherwise made available in connection with the Website.

6.3 The Website does not provide medical advice. This Website is for information purposes only. Viewing this Website, receipt of information contained on this Website, or the transmission of information from or to this Website does not constitute a physician-patient relationship. The nutritional information on this Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Website.

6.4 You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.

6.5 Subject to Clause 6.1, and without limitation to Clause 6.2, we will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.

7. Terms of Sale of Products or Services.

7.1 By placing an order for our products or services via the Website, you are offering to purchase a product from us. All orders are subject to availability and confirmation of the order price.

7.2 In order to purchase products or services from the Website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us, or a Paypal or other account that is acceptable to us. We retain the right to refuse any request or order made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products or services. All prices include VAT as may be applicable. All prices advertised are subject to change, but once an order is placed by you at a given price, we will honour that price.

7.3 Our products generally consist of two categories: one-time purchase products, and subscription products.  These Terms of Use apply to both said categories. With specific regard to subscription products:

a) Our subscription products are modifiable by you, and provided to you on a twenty-eight (28) calendar day cycle, with delivery to you by three (3) days prior to the end of each cycle. You may modify the terms of your subscription by notifying us no later than seven (7) calendar days prior to the end of each said cycle as to any changes you wish to make to your subscription. Changes accordingly submitted shall be processed to be effective with the next subscription cycle, and we will adjust the charges to you for such subscription accordingly.  Changes submitted later than seven (7) calendar days prior to the end of the twenty-eight (28) calendar day cycle shall not be processed by us until the next available subscription cycle, and until then you will remain liable for the then-existing cost of the subscription

b) Once you purchase a subscription product, you will be automatically charged for such product until you cancel your subscription, and such charges are non-refundable by us.  

7.4 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the products or services which you ordered have been confirmed by us. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

7.5 While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any products or services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

7.6 Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the products or services you wish to purchase. Once the products or services have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of products or services you have purchased as listed in the confirmation email.

7.7 Subject to the provisions of clause 7.5, and once we have accepted your monies as consideration for the products or services you have ordered, such monies are non-refundable by us.

8. Intellectual Property Rights. The intellectual property rights in the Website and copyright in all material stored, displayed and accessible on the Website is either owned by us or duly licensed by third parties. All such rights are reserved. To the extent you may upload or otherwise provide material to the Website or us, you hereby (i) represent that you have the unencumbered right to upload or otherwise provide such material to the Website or us; and (ii) grant the Website and us a non-exclusive, fully paid up and perpetual license to use such material in relation to the Website.

9. Indemnification. You hereby agree to indemnify, defend and hold harmless us (and our directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to these Terms of Use, or your breach of any laws in the course of using the Website.  

10. Governing Law and Language. These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use or their subject matter (including non-contractual disputes or claims) are subject to English law.  By agreeing to these Terms of Use as provided herein, you hereby agree to the exclusive jurisdiction and venue of the English courts located in London, England, with respect to any claim by you related to us or the Website. You further agree that the interpretation of these Terms of Use as they may relate to any dispute or claim shall be in the English language.

11. Miscellaneous.

11.1 If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected, and all other clauses remaining shall remain in full legal force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

11.2 If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

11.3 These Terms of Use constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorised officer of Optimum Lifestyle Limited.

Last Updated – 27/10/2017