Terms and Conditions
These terms and conditions govern your use of the Gymnag® website (gymnag.com) and your relationship with Gymnag Ltd (Gymnag, we, us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms and conditions please do not use or become a member of gymnag.com.
You will be able to access some areas of gymnag.com without registering as a member. However, by accessing any part of gymnag.com you agree to be bound by these terms and conditions.
The information provided on gymnag.com or in any communications containing a link to this site is for personal use and information purposes only and is not intended for distribution to, or use by, any person or entity in any jurisdiction in any country where such distribution or use would be contrary to law or regulation. These terms and conditions do not affect your statutory rights.
The content of gymnag.com, including these terms and conditions of use, are subject to change by Gymnag without notification although we will try to bring any changes to your attention by email and/or by putting a notice on gymnag.com. If you continue to use gymnag.com after the date on which changes take effect, your use of gymnag.com indicates your agreement to be bound by the new terms and conditions. If you do not wish to accept the new terms and conditions you should discontinue use of gymnag.com and cancel your membership (the original terms and conditions shall apply up to the date of cancellation).
To register as a member of gymnag.com you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You can review your details by signing into your personal account on gymnag.com and going to the 'My Profile' area. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details or contacting Gymnag using the contact details below.
If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered member of this Website.
Your email address is also your unique membership ID, if you wish to change your email address please contact us and we will call you back on your registered telephone number to confirm your identity. Please include the new email address with your request.
On registering, new members will automatically receive nag emails. If you do not wish to receive these please update your preferences in the 'My Nagging Profile' area. All registered users will automatically receive a complimentary subscription to the gymnag.com newsletter that is sent out periodically, but not more than once per calendar month.
On completing registration of Gymnag, you will be signed up for a minimum period of two years from the date you join which will be automatically extended free of charge provided you have logged into your Gymnag profile within 45 days of the expiry of the two year term.
Gymnag is committed to protecting your privacy and security but you must ensure you keep your password, which we ask you to create at registration, confidential and you must not disclose or share it with anyone else. You will be responsible for activities that occur under your password. If you know or believe that someone else is in possession of your password then you should contact us immediately. If we believe there is the possibility of a breach of security or misuse of gymnag.com then we may require you to change your password. All personal data that we collect from you will be processed in accordance with our privacy policy. You should review our privacy policy which is incorporated into these terms and conditions by this reference and by using gymnag.com you confirm your consent to your personal data being used and processed in accordance with our privacy policy.
The content of gymnag.com is protected by copyright and the Gymnag name and logo are protected by trademark. All trademarks appearing on gymnag.com are trademarks of their respective owners. You may retrieve and display the content of gymnag.com on a computer screen, store such content in electronic form on disk, but not on a server or network connected storage device, or print one copy of such content for your own personal, non-commercial use, provided you keep intact any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of gymnag.com without prior written permission from Gymnag.
Gymnag.com makes use of the silk icons from http://www.famfamfam.com/lab/icons/silk/ and data from U.S. Department of Agriculture, Agricultural Research Service. 2008. USDA National Nutrient Database for Standard Reference, Release 21. Nutrient Data Laboratory Home Page, http://www.ars.usda.gov/ba/bhnrc/ndl, NUTTAB 2010(Food Standards Australia New Zealand); The University of New South Wales; Professor Heather Greenfield and co-workers at the University of New South Wales; Tables of composition of Australian Aboriginal Foods (J Brand-Miller, KW James and PMA Maggiore) (see http://www.foodstandards.gov.au/consumerinformation/nuttab2010/) and Canadian Nutrient File, Health Canada, 2010 (electronic version at www.healthcanada.gc.ca/cnf).
There are limitations associated with food composition databases. Nutrient data published in NUTTAB 2010 may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
Gymnag will not be liable for any telephone or other costs that you may incur related to accessing or using gymnag.com. This site is optimised for use with the Internet Explorer 7 & 8, Safari 5, Chrome 5 and Firefox 3 browser software so we cannot be responsible for any technical limitations or restrictions you may experience using alternative browser software. We also encourage registered members to add our email domains to their safe sender list in their email system. We will endeavour to send all email communication related to gymnag.com, including your nag emails, but we cannot be responsible for non-delivery of emails due to circumstances beyond our immediate control such as, but not limited to, settings on an individual member's PC or problems with the individual member's ISP email system.
Gymnag.com allows the transmission of reminder or nag emails. You may not use gymnag.com, including the nag email functionality, for any of the following purposes:
i. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
ii. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
iii. Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";
iv. Gaining unauthorised access to other computer systems;
v. Collect or store personal data or attempt to collect or store personal data about other users of gymnag.com;
vi. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
vii. Interfering with any other person's use or enjoyment of gymnag.com;
Gymnag additionally welcomes your submission of material for the gymnag.com forum and library however Gymnag reserves the right to refuse to publish material or remove material already published that:
i. Disseminates any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
ii. Encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
iii. Contains any form of advertising or promotion for goods and services;
iv. Copies, contains or makes use of materials protected by copyright without the permission of the owner granted to Gymnag;
v. Interferes with any other person's use or enjoyment of gymnag.com;
By submitting material you are granting Gymnag a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence the material in whole or in part and in any form.
Although Gymnag aims to offer you the best service possible, Gymnag makes no promise that the services on gymnag.com will meet your requirements. Gymnag cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it to us and we will attempt to correct the fault as soon as we reasonably can. Gymnag does not suspend or cancel members' accounts, without prior notification to the member. Your access to gymnag.com may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Gymnag will attempt to restore the service as soon as it reasonably can.
You can cancel your membership subscription to gymnag.com either by email, in writing or by letting your free membership term expire by not logging into the site.
Gymnag strongly urges and advises that you seek medical advice before beginning any weight management or nutritional programme or regime. Gymnag.com is only intended for use by healthy adult individuals and if you are pregnant, breast feeding, under 18 or extremely under or overweight or have any medical or health condition then you should not use gymnag.com and you should seek professional medical advice before commencing any weight management or nutritional programme.
Before starting any weight reduction programme you should ensure that you are not underweight. Before starting a weight gain programme you should ensure you are not overweight.
Gymnag.com provides information, guidance and applications to assist users in their personal weight management efforts. The information on gymnag.com does not offer medical advice or act as a substitute for medical treatment and should not be interpreted as a substitute for professional medical consultation, diagnosis or treatment.
These terms and conditions apply only to gymnag.com. As a convenience to users gymnag.com may include links to other websites which are beyond its control. You recognise that Gymnag is not responsible for content, advertising, products or any other materials available from such websites.
The materials on gymnag.com are provided on an "as is" and "as available" basis and no representation or warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, arising under statute or under the common law, or from a course of dealing, or custom, or trade practice, is made in relation to the accuracy, reliability, completeness, up-to-date nature or contents of the materials or pages on gymnag.com and Gymnag disclaims all responsibility and liability therefore.
Neither Gymnag, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Website or any function contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Further, please note that no advice or information, obtained by you from our personnel or through this website, shall create any warranty not expressly provided for in these terms and conditions.
These disclaimers apply to the fullest extent permitted by law.
Gymnag Ltd shall not be liable for any direct, indirect, incidental, special, consequential damages and or loss including, but not limited to loss of profits, goodwill or reputation, use, data or other intangible losses arising out of, or resulting from
- The use or inability to use the website
- The use of any content or other material on the website or any website or websites linked to gymnag.com
- The cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages, including but not limited to emails, received or transactions entered into through or from gymnag.com
- Unauthorised access or alteration of your transmissions or data
- Statements or conduct of any third party on gymnag.com
- Any other matter relating to gymnag.com, save in respect of personal injury or death due to the negligence of Gymnag Ltd.
In no event shall the total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing gymnag.com. If you are dissatisfied with any portion of gymnag.com, or any of these terms and conditions, your sole and exclusive remedy is the discontinuation of your use of gymnag.com.
You agree to indemnify and hold Gymnag Ltd, its affiliates, officers and employees harmless from any claim, demand or damage, including reasonable legal fees, asserted by any third party due to or arising from your improper use of gymnag.com or our products or offerings, your violation of these terms and conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or any other right of any person or entity.
The terms and conditions of use shall be governed by and construed fully in accordance with the laws of England and Wales. You and we agree to submit to the exclusive jurisdiction of the courts located in England and Wales. If any provision(s) of the terms and conditions of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees.
If you breach these Terms and Conditions and Gymnag ignores this, Gymnag will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Gymnag shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Gymnag.com is owned and operated by Gymnag Limited, a company registered in England and Wales whose registered office is at 145-157 St John Street, London EC1V 4PY and company registration number is 06397397.
If you have any questions or concerns, you may contact us by email at support@gymnag.com or by post at the aforesaid address.