Skinny-World User Agreement
Welcome, and thank you for becoming a Skinny-World Member! When you use our products and services, you are agreeing to our terms, so please take a few minutes to read the Skinny-World User Agreement below.
Note: You are entering into a legally binding agreement.
1. Introduction (updated on 29 November 2013)
As well as being an interactive platform for practitioners to manage their patients or clients, the mission of Skinny-World is to provide information to members on nutrition, health, obesity, weight loss, fitness and wellness.
Our goal is to empower people with knowledge so they can make better healthier choices and achieve and maintain healthy normal weight.
To accomplish our mission, we make services available through our website, private social network for Members and private social network for Practitioners, mobile applications, and developer platform, to help members track their weight and other data, enable them to interact with practitioners through shared interactive tools, network with other users, exchange ideas, and be informed in matters relating to nutrition, health, obesity, weight loss, fitness and wellness.
1.2. Scope and Intent
When you use Skinny-World, you are entering into a legal agreement and you agree to all of these terms.
You agree that by registering and becoming a Skinny-World member (“Member”), or Skinny-World practitioner member (“Practitioner Member”) or by using our website, including our mobile applications, developer platform, or other information provided as part of the Skinny-World services (collectively “Skinny-World”, the “Services” or the “Website”), you are entering into a legally binding agreement with PPL Holdings Limited, (a company established under the Offshore Companies Act 1990, Labuan Malaysia) (“we,” “us,” “our,” and “Skinny-World”) based on the terms and conditions of this Skinny-World User Agreement (the “Agreement”).
You also acknowledge and agree that Skinny-World may revise the Agreement at any time without notice to you and, by continuing to use Skinny-World, you agree to be bound by the revisions.
If you do not want to register an account, do not enter into this Agreement, do NOT become a Skinny-World Member or a Skinny-World Practitioner Member and do not access, view, download or otherwise use any Skinny-World webpage, information or services. By clicking “I Agree” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “I Agree,” you also consent to use electronic signatures and acknowledge your click of the “I Agree” check box as one.
2. Your Rights
If you follow this agreement, we grant you a limited right to use Skinny-World.
You will only access and use Skinny-World in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Skinny-World authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Skinny-World), to view information and use the Services that we provide on Skinny-World webpages and in accordance with this Agreement.
You may establish (1) a Skinny-World Member account (“Skinny File”) and (2) if you are managing patients or clients who are Members of Skinny-World, a Skinny-World Practitioner Member account (“Practitioner File”) which enables access to shared data that you have been authorized to view. Any other use of Skinny-World is strictly prohibited and a violation of this Agreement.
We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Skinny-World and all related items, including any and all copies made of the Skinny-World website.
3. Your Obligations
3.1. Applicable laws and this Agreement
Some promises you make to us in this Agreement:
You will follow the law and Skinny-World’s rules.
You must comply with all applicable laws and this Agreement, as amended from time to time with or without advance notice, and the policies and processes explained herein.
3.2. Service Eligibility
You are eligible to enter into this contract and you are at least our “Minimum Age.”
The information you provide is truthful.
To be eligible to become a Skinny-World Member, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Skinny-World account; (3) are not a competitor of Skinny-World or are not using the Services for reasons that are in competition with Skinny-World; (4) will only maintain one Skinny-World Member account at any given time unless you are a certified and registered medical practitioner or another provider managing Skinny-World Member clients, in which case you may maintain one Skinny-World Practitioner account and one Skinny-World Member account; (5) will use your real name and only provide accurate information to Skinny-World; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Skinny-World or a third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Skinny-World to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our Privacy Statement) then the Minimum Age would be such older age. The Services are not intended for use by children under the age of 13.
To be eligible to become a Skinny-World Practitioner Member you must be a certified and board registered health service provider, for example including but not limited to a medical practitioner, nurse practitioner, dietician or nutritionist. You must hold current board certification and be eligible to manage patients.
3.3. Your Membership
You will keep your password a secret.
You will not share an account with anyone else.
You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Skinny-World account to another party; and (5) not charge anyone for access to any portion of Skinny-World, or any information therein.
If you suspect your password has been compromised you will send notice to Skinny-World immediately. You will be held responsible for anything that happens through your account until you close it down or prove that your account security was compromised due to no fault of your own. To report a suspected breach of security or to close your account, please visit Skinny-World’s Help Center.
3.4. License and warranty for your submissions to Skinny-World
You grant us a license to the information you provide us.
You retain ownership of the information you input to Skinny-World under this Agreement, provided however you hereby grant Skinny-World a worldwide, nonexclusive, irrevocable, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to access, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide directly or indirectly to Skinny-World, including, but not limited to, your medical history, data and statistics, any user generated content, ideas or concepts you submit to Skinny-World, including, but not limited to, distribution of your Skinny File to any physician with whom you elect share it with without any further consent, notice and/or compensation to you or to any third parties.
You also hereby grant to each health service provider with whom you elect to share your Skinny File via Skinny-World a non-exclusive, royalty-free license to access and view information you submit via Skinny-World in connection with any services that they provide to you.
3.5. Restrictions of Use
You will not exploit or cause harm to Skinny-World.
You will not copy or transfer any part of the Service.
You acknowledge and agree that you are expressly prohibited from (1) redistributing, retransmitting, publishing, transferring, commercializing or other exploitation of the Website, in whole or in part, including as part of a time-sharing or other similar arrangement; (2) reverse engineering, decompiling or modifying the Website, in whole or in part; and (3) copying or redistributing the Website, in whole or in part, including, but not limited to, creating an archive of any portion or content of the Website.
You agree that you are strictly prohibited from accessing or attempting to access any areas of the computer system where the Website is hosted or other information thereon. You further agree that you will not (1) use any robot, spider, other automatic device or manual process to “screen scrape”, monitor, mine or copy any portion of the Website or the content contained therein, in whole or in part; (2) spam or send unsolicited communications to any other user of the Website for any reason (except for communications to health service providers that have agreed to link with you via the Website); (3) enter into or transmit via the Website any information that contains a virus, bug or other harmful item; (4) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (5) enter into or transmit via the Website any unlawful, fraudulent, harassing, libelous, or obscene information or photographs of any kind; (6) enter into or transmit via the Website any information (including but not limited to, text, imagery, audio recordings or video recordings) in violation of another party’s copyright or intellectual property rights; (7) take any action that imposes an unreasonable or disproportionately large load on the infrastructure hosting the Website; or (8) violate any laws or regulations applicable to you or your usage of the Website.
You will pay us for any losses that you cause.
You agree to indemnify Skinny-World, its affiliates and their respective managers, members, shareholders, officers, directors, employees, agents, partners, franchisees and licensors (the “Indemnified Parties”) and hold us harmless from any and all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations brought against any Indemnified Party by third parties, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws; (2) any content you submit to the Services; (3) any Modification by or on behalf of you; (4) any use of the Website by or on behalf of you in conjunction with any software, systems or services other than the Website; and (5) any activity in which you engage on or through Skinny-World not licensed under this Agreement.
3.7. Payment of Fees
You will honor your payment obligations.
We don't refund fees.
You acknowledge and agree that Skinny-World reserves the right, in its sole and absolute discretion, to set the prices to be charged to Members and Practitioner Members for use of the Website, including, without limitation, the right to charge different prices to different subscribers. You further acknowledge and agree that Skinny-World may revise the prices at any time without notice to you and, by continuing to use the Website, you agree to be bound by such revised pricing.
Skinny-World supports payment of fees via PayPal. We charge an annual one-off fee for Membership. We do not store any individual’s financial data. Our fees are in United States dollars which means your transaction may be subject to foreign exchange fees. Some Skinny-World services require additional fees which are payable at the time of use.
You will be notified by Skinny-World 30 days prior to expiration of your membership with the option to renew.
You agree to pay applicable fees as they become due. Failure to pay by the due date may result in access to your account being frozen until such time as back-fees are paid up to date and your membership is renewed.
Fees paid are non-refundable. We do not provide refunds for lack of usage or dissatisfaction.
3.8. Notifications and Service Messages
You are okay with us providing you with important notices on the Website, push notifications via mobile app, or email.
It is your responsibility to keep your Skinny-World profile information accurate and updated otherwise you may not receive important notices.
Skinny-World may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice about your Skinny-World account or services associated with Skinny-World may consist of an email from Skinny-World to an email address associated with your account or through other means including mobile number, telephone, or delivery services including the postal service. To change your contact preferences, please review your Settings.
You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
In the event you change or deactivate your mobile telephone account, you must promptly update your Skinny-World account information to ensure that messages are not sent to the person that acquires your old number. Failure or delay in doing so is your responsibility.
3.9. Skinny-World Applications
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
Skinny-World may offer the Services through applications built using Skinny-World’s platform (“Skinny-World Apps”). You may use Skinny-World Apps on a smart phone and have access to Skinny-World plugins distributed on the Website. Skinny-World Apps are distinct from Third Party Platform Applications addressed in Section 4.2.
If you use Skinny-World Apps or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or webpages containing Skinny-World plugins that load in your browser may be communicated to us. Further, by importing any of your Skinny-World data through the Skinny-World Apps, you represent that you have authority to share the transferred data with your mobile carrier or other access provider.
You acknowledge you are responsible for all charges and necessary permissions related to accessing Skinny-World through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
3.10. User-to-User Communication and Sharing
When you share information, others can see, copy and use that information, but you can control who views your information.
Skinny-World offers a “Skinny Profile” feature that allows Members and Practitioner Members to publish selected information within the Skinny-World Network. When you join Skinny-World, you acknowledge that information you post on your Skinny Profile can be seen by others and that any information you make public through your Skinny Profile you do so at your own risk.
Skinny-World offers various forums such as Skinny-World Groups and a Skinny Talk Pin Board Social Network or Practitioner ONLY Social Network where you can post your observations and comments on designated topics. The Skinny Talk Pin Board Social Network and Practitioner ONLY Social Network pages are not open to non-members of Skinny-World. At all times you are in control of who views your Skinny Profile and posts. When you post content (such as a status update, website comments or photographs) you can customize your audience to include yourself only, your friends, your health service provider, your colleagues, or anyone or all Members in the Skinny Talk Pin Board Social Network.
Skinny-World Groups are free of charge. Members and Practitioner Members can request to join any Skinny-World Group. Skinny-World, in its sole discretion, may close or transfer Skinny-World Groups, or remove content from them if the content violates this Agreement or others’ intellectual property rights or is defamatory or offensive.
Please note that ideas you post and information you share may be seen and used by other Members or Practitioner Members, and Skinny-World does not guarantee that other Members or Practitioner Members will not use the ideas and information that you share on Skinny-World. Therefore, any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
If you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Skinny-World Group, into your Network updates, or elsewhere on Skinny-World. Skinny-World is not responsible for another person’s or organization's misuse or misappropriation of any content or information you post on Skinny-World.
3.11. Privacy Statement
You are okay with us collecting, using, storing, and disclosing information about you.
Information that will allow someone to identify or contact you, including, for example, your full name, photographs, address, telephone number or email address (your “Personal Data”) will not be released by Skinny-World to third parties without your consent such as in the case of a health service provider with whom you elect to share your Skinny File or as required by law. We do not share your Personal Data with any third-party advertiser or ad network.
After you create an account, you may choose to provide additional information in your Skinny File, such as descriptions of your food, weights, measurements, blood pressure, blood glucose level, medications and medical history. You can also list Skinny-World Group memberships, companies or individuals that you follow and networking objectives. If you are a Practitioner Member you can list in addition, honors, awards, professional affiliations and other information. With your approval, your patients and connections may provide recommendations and endorsements of you.
You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Skinny-World will use your data to provide you with services and products that: (1) you purchase; (2) are purchased by your employer or your relative's employer; (3) are purchased by an association or institution (including an educational establishment) of which you are a member; (4) are part of services provided through an insurance program or as part of financial services that are provided to you.
If you are receiving services as an employee or as a member of an employee's family, or as a member of an association or institution, as a credit card holder or the recipient of other financial services, the company, association or institution that has contracted for our Services on your behalf may determine the method and means by which information about you is used which Skinny-World does not control, and thus is not addressed or controlled by this Privacy Statement.
Certain information, statements, data, and content (such as photographs) which you may submit to your Skinny-World Network Profile, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you.
If you participate in Skinny-World Groups, share content on your Skinny Network Profile or activity stream, you should be aware that any information you choose to disclose using these services can be read, collected, and used by other Members or Practitioner Members with whom you select to connect. Skinny-World is not responsible for the information you choose to submit in these forums. Some content in Skinny-World Groups has the risk of being made public and searchable on the Internet if the group owner does not close the group for public discussions. You can identify closed groups by the padlock icon next to the group name. You can remove your Skinny-World Groups posts at any time. However, others may have copied and used the information that you shared.
If you take social action for example, if you “like” or “comment” on the content, your action will be seen by your network and other Skinny-World Members who are shown the content after you have acted on it.
Skinny-World allows health service providers, hospitals, clinics, suppliers of products and services and other organizations to create pages dedicated to their brand, business, and mission in the Skinny-World Directory. These pages are public, and any communications or information shared through them will be accessible by the entity that created them. If you write a review on any of the Directory pages, you will be listed on that page, which can be viewed by others. Skinny-World uses aggregate information about followers and viewers to provide data about the pages’ performance for example, visits and updates.
The Website may contain links to other websites, which are provided solely as a convenience to you and not as an endorsement by Skinny-World of the contents of other websites. The other websites may have their own policies, which Skinny-World does not control, and thus are not addressed or controlled by this Privacy Statement.
We may disclose your personal information to a third party as part of a sale of the assets of Skinny-World, a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which Skinny-World transfers or sells Skinny-World’s assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Statement.
3.12. Contributions to Skinny-World
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting ideas, suggestions, documents, or proposals ("Contributions") to Skinny-World through its suggestion or feedback webpages, you acknowledge and agree that: (1) your Contributions do not contain confidential or proprietary information; (2) Skinny-World is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (3) Skinny-World shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (4) Skinny-World may have something similar to the Contributions already under consideration or in development; (5) you irrevocably non-exclusively license to Skinny-World rights to use your Contributions; and (6) you are not entitled to any compensation or reimbursement of any kind from Skinny-World under any circumstances.
4. Our Rights & Obligations
4.1. Services Availability
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
For as long as Skinny-World continues to offer the Services, Skinny-World shall provide and seek to update, improve and expand, make additions or deletions to the Services at any time without notice to you. As a result, we allow you to access Skinny-World as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Skinny-World, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members or Practitioner Members in our sole discretion. All of these changes shall be effective upon their posting on Skinny-World or by direct communication to you unless otherwise noted. Skinny-World further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Skinny-World to be contrary to this Agreement.
You acknowledge and agree that the applications and functionality contained in the Website may not meet any or all of your needs and requirements. You assume all responsibilities and obligations with respect to the selection of the particular application to achieve its desired performance and results and any decisions or advice made or given as a result of your use of the Website.
You further acknowledge and agree that the use of the Website on more than one device may result in the loss of data or information. Skinny-World has no responsibility for any information entered into the Website by or on behalf of you and you agree to indemnify Skinny-World against any and all losses or damages suffered by Skinny-World relating to information entered into the Website by or on behalf of you.
4.2. Third Party Sites and Developers
Third parties may offer their own products and services through Skinny-World, and we are not responsible for these third-party activities.
Skinny-World is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Apps. Skinny-World does not screen, audit, or endorse Platform Apps. Accordingly, if you decide to use Third Party Sites or use Platform Apps, you do so at your own risk and agree that your use of any Platform App is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer App.
Please note: If you allow a Platform App or Third Party Site to authenticate you or connect with your Skinny-World account, that application or website can access information on Skinny-World related to you and your connections.
4.3. Disclosure of User Information
You agree that we can use, store, and share information about you as permitted in our Privacy Statement.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Statement if required to do so by law or in a good faith believe that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, Practitioner Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Skinny-World, our Members, Practitioner Members or the public.
4.4. Connections and Interactions with other Members
We have the right to limit the connections and interactions on the Service.
You are solely responsible for your interactions with other Members and Practitioner Members. If you so choose, you may block another Member or Practitioner Member. Skinny-World may limit the number of connections you may have to other Members and Practitioner Members and may, in certain circumstances, prohibit you from contacting other Members and Practitioner Members through use of the Services or otherwise limit your use of the Services. Skinny-World reserves the right, but has no obligation, to monitor disputes between you and other Members and Practitioner Members and to restrict, suspend, or close your account if Skinny-World determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. Intellectual Property
We are providing you notice about our intellectual property rights.
The Service includes the copyrights and intellectual property rights of Skinny-World and except for the limited license granted to you in Section 2, Skinny-World reserves all of its intellectual property rights in the Service. The Skinny-World logo and other Skinny-World trademarks, service marks, graphics, and logos used in connection with Skinny-World are trademarks or registered trademarks of Skinny-World in the U.S. and/or other countries. Other trademarks and logos used in connection with Skinny-World may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos. You may not remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by this Website.
In the event you develop or have developed any applications or software for use with the Website, you shall have all right, title and interest in such applications or software, subject, however, to Skinny-World’s exclusive right, title and interest to the Website. You hereby grant to Skinny-World a worldwide, perpetual, non-exclusive and royalty-free license to use and commercialize all such applications and software developed by or on behalf of you for use with the Website. You agree that the granting or retention of any rights, title or interest to or by you in any applications or software shall not be construed by the parties hereto, any court of law or equity, or any arbitration panel to mean that Skinny-World has granted or given up any rights, title, or interest in or to the Website or any Skinny-World proprietary information. Notwithstanding anything herein to the contrary, you agree not to take any action that would limit Skinny-World’s development, marketing, sale, assignment, licensing or use of its own Website.
We disclaim any legal liability for the quality, safety, or reliability of Skinny-World.
Do not rely on Skinny-World or its suppliers, any information therein, or its continuation. We provide the platform for Skinny-World and all information and services on an “as is” and “as available” basis.
The Website, including all content, applications, functions and information, is provided on an “as is” “with all faults” and “as available” basis without any warranties of any kind. Skinny-World disclaims all warranties with respect to the Website, express or implied, including, but not limited to, accuracy of content, warranties of merchantability, fitness for a particular purpose, non-infringement, condition, uninterrupted use, merchantability of computer programs and data accuracy, except to the extent that any warranties implied by law cannot be validly waived.
Skinny-World does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Skinny-World and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by Skinny-World or anything related to Skinny-World, you may close your Skinny-World account and terminate this agreement in accordance with section 7 (“Termination”) and such termination shall be your sole and exclusive remedy.
Skinny-World is not responsible, and makes no representations or warranties for the delivery of any messages (such as Skinny Mail, posting of answers or transmission of any other user generated content) sent through Skinny-World to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties.
You acknowledge and agree that the Website is not intended to replace traditional means of communication with your health service provider and that it is your responsibility to use traditional means of communications with your health service provider when necessary and to ensure that you and your health service provider receive each others respective communications and that any information conveyed between you and your health service provider is accurately received.
Any material, service, or technology described or used on the Website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Skinny-World does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other Members or Practitioner Members; therefore, Skinny-World disclaims all liability for identity theft or any other misuse of your identity or information by others.
Skinny-World does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures, equipment malfunctions and causes beyond the control of Skinny-World or that could not reasonably be foreseen by Skinny-World, including, but not limited to, internet or wireless service interruption or failure. Skinny-World disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Skinny-World disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Skinny-World site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
You acknowledge that Skinny-World does not operate or control the internet. Skinny-World does not warrant that any content available for access or downloading from the application, if any, will be free from infection, viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. Skinny-World does not warrant that the application will operate uninterrupted or error-free, that access to the application will be uninterrupted or error-free or that any defects in the application will be corrected.
Skinny-World Accredited Practitioners pay us to be tested and assessed on their understanding of HCG Diet protocols. By us granting health service providers accreditation status, we give an assurance they have satisfactorily completed the Skinny-World accreditation course and have achieved a pass mark of at least 75 percent after which they are entitled to display notice of their Skinny-World accreditation status. We do not assess any health service provider’s qualifications or verify any of the information provided by health service providers. You are solely responsible for assessing the health service provider’s qualifications, verifying information provided by the health service providers and your interaction with health service providers. If you have a dispute with any health service provider or other providers, you agree that Skinny-World is not liable for any claims or damages arising out of or connected with such dispute.
The Skinny Doctor services provided under the Skinny-World Platinum Membership option are supported by health service providers that may or may not be medical practitioners but are qualified in supplying weight loss and health advice. You acknowledge and understand that if you disregard any information or fail to seek medical attention from a licensed medical practitioner as and when advised by the Skinny Doctor, that you do so at my own risk and in doing so waive any right to seek recourse against the Skinny Doctor, Skinny-World, it’s legal entity and its employees and representatives
Health service providers that operate from Skinny-World Franchises are third parties and carry their own medical indemnity insurance. Skinny-World and the Skinny-World Franchisee are not responsible for any advice the health service provider gives you. You agree to release Skinny-World or the Skinny-World Franchisee, our directors, officers, employees and agents from any claims and damages arising out of or connected with a dispute with a health service provider operating from a Skinny-World Franchise.
6. Limitation of Liability
We are trying to limit any legal liability we may have to you.
We try to keep Skinny-World online, bug-free, and safe, but you use it at your own risk. We are providing Skinny-World “as is” without any express or implied warranties including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Skinny-World will always be safe, secure or error-free or that Skinny-World will always function without disruptions, delays or imperfections.
Skinny-World is not responsible for the actions, content, information or data of third parties, and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special indirect, or incidental damages arising out of or in connection with actions, content, information or data of third parties even if we have been advised of the possibility of such damages. Our aggregate liability arising out this statement will not exceed the greater of US $100 or the amount you have paid us in the past 12 months.
Neither Skinny-World nor any of our subsidiaries, franchisees, affiliated companies, suppliers, employees, shareholders, or directors (“Skinny-World Affiliates”) shall be cumulatively liable for (1) any damages in excess of the amount that you have paid us in the past 12 months, if any, or US $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Apps or any of the content or other materials on, accessed through or downloaded from Skinny-World. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether (a) you base your claim on contract, tort, statute or any other legal theory, (b) we knew or should have known about the possibility of such damages, or (c) the limited remedies provided in this section fail of their essential purpose; and (d) not apply to any damage that Skinny-World may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
7.1. Mutual rights of termination
We can each end this Agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to Skinny-World pursuant to Section 9.3. This notice will be effective upon Skinny-World processing your notice.
Skinny-World may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Skinny-World or the party paying for the services may terminate your access to any Services. Termination of your Skinny-World account includes disabling your access to Skinny-World and may also bar you from any future use of Skinny-World.
7.2. Misuse of the Services
If you misuse our Services we can termination your Skinny-World account.
Skinny-World may restrict, suspend or terminate the account of any Member or Practitioner Member who abuses or misuses the Services. Misuse of the Services includes abusing the Skinny-World messaging services; creating multiple or false profiles; using the Services commercially without Skinny-World’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Skinny-World, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Skinny-World has adopted a policy of terminating accounts of Members and Practitioner Members who, in Skinny-World’s sole discretion, are deemed to be repeat infringers of copyright laws.
7.3. Effect of Termination
Upon termination of your Skinny-World account, you lose access to the Services.
The terms of this Agreement shall survive any termination, except Section 2 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
8. Dispute Resolution
8.1. Law and Forum for Legal Disputes
In the unlikely event we end up in a legal dispute, it will take place in Singapore courts, according to English common law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of Singapore regardless of your country of origin or where you access Skinny-World, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Skinny-World agree that all claims arising out of or related to this Agreement must be resolved exclusively by a court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Skinny-World agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims. Notwithstanding the above, you agree that Skinny-World shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. Arbitration Option
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (3) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Where Skinny-World has provided you with a translation of the English language version of this Agreement or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement and any other documentation will govern your relationship with Skinny-World.
9.3. Notices and Service of Process
In addition to Section 3.8. (“Notices and Service Messages”), we may notify you via postings on www.Skinny-World.com. You may contact us here. Or via mail or courier at: PPL Holdings Limited, 50 Raffles Place, #15-05/06 Singapore Land Tower, Singapore 048623.
Additionally, Skinny-World accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Skinny-World regarding the Services and supersedes all prior agreements and understandings, whether written or verbal, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Skinny-World services, third-party content or third party software.
9.5. Amendments to This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.Skinny-World.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time as per Section 7 (Termination).
9.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Skinny-World Affiliate shall be deemed legally binding on any Skinny-World Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Skinny-World.
9.7. No Injunctive Relief
You waive your rights to try to stop Skinny-World, but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Skinny-World that PPL Holdings Limited owns a 50 percent or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
9.9. Assignment and Delegation
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, PPL Holdings Limited for any third party that assumes our rights and obligations under this Agreement.
10. Skinny-World “DOs” and “DON’Ts.”
As a condition to access Skinny-World, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
10.1. Do undertake the following:
Here’s a list of some of the specific things we ask you to do on Skinny-World.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Statement;
- Review and comply with notices sent by Skinny-World concerning the Services;
- Use the Services in an ethical manner; and
- Use your real name on your registration application form.
10.2. Don’t undertake the following:
Here’s a list of some of the specific things we ask you not to do on Skinny-World.
- Do not act dishonestly or engage in unseemly behavior by posting inappropriate, inaccurate, or objectionable content to Skinny-World;
- Do not publish inaccurate information in the designated fields on the profile form
- Do not post sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature in the Skinny-World Social Network;
- Do not create a Member or Practitioner Member profile for anyone other than a natural person;
- Do not harass, abuse or harm another person, including sending unwelcome communications to others using Skinny-World;
- Do not upload a profile image that is not your likeness;
- Do not use or attempt to use another's account or create a false identity on Skinny-World;
- If you are a Practitioner Member do not upload, post, email, Skinny Mail, transmit or otherwise make available or initiate any content that (a) falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym; (b) misrepresents your current or previous positions and qualifications; or (c) misrepresents your affiliations with a person or entity, past or present;
- Do not upload, post, email, Skinny Mail, transmit or otherwise make available or initiate any content that: (a) is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (b) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; (d) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using Skinny-World invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) using Skinny-World to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (iii) sending messages to distribution lists, newsgroup aliases, or group aliases; (e) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Skinny-World or any user of Skinny-World; (f) forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or (g) even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
- Do not duplicate, license, sub-license, publish, broadcast, transmit, distribute, perform, display, sell, re-brand, or otherwise transfer information found on Skinny-World (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Skinny-World;
- Do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Do not utilize or copy information, content or any data you view on or obtain from Skinny-World to provide any service that is competitive, in Skinny-World’s sole discretion, with Skinny-World;
- Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by Skinny-World unless you are a Skinny-World Franchisee, have up-to-date Skinny-World Accreditation for Practitioner, Meals and Dining or Resorts and Spas or are an approved Skinny Rep;
- Do not adapt, modify or create derivative works based on Skinny-World or technology underlying the Services, or other Members’ or Practitioner Members’ content, in whole or part, except as permitted under Skinny-World’s developer program;
- Do not rent, lease, loan, trade, sell/re-sell access to Skinny-World or any information therein, or the equivalent, in whole or part;
- Do not sell, sponsor, or otherwise monetize any service or functionality of Skinny-World, without the express written permission of Skinny-World;
- Do not deep-link to the Website for any purpose, (i.e. creating or posting a link to a Skinny-World webpage other than Skinny-World’s home page) unless expressly authorized in writing by Skinny-World or for the purpose of promoting your profile or a Group on Skinny-World as set forth in the Brand Guidelines;
- Do not remove any copyright, trademark or other proprietary rights notices contained in or on Skinny-World, including those of both Skinny-World and any of its licensees;
- Do not remove, cover or otherwise obscure any form of advertisement included on Skinny-World;
- Do not collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Skinny-World except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Do not share information of non-Members without their express consent;
- Do not infringe or use Skinny-World’s brand, logos or trademarks, including, without limitation, using the word “Skinny-World” or “Skinny World” in any business name, email, or URL or including Skinny-World’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Skinny-World;
- Do not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any webpages or other services contained in the site;
- Do not use bots or other automated methods to access Skinny-World, add or download contacts, send or redirect messages, or perform other similar activities through Skinny-World, unless explicitly permitted by Skinny-World;
- Do not access, via automated or manual means or processes, Skinny-World for purposes of monitoring Skinny-World’s availability, performance or functionality for any competitive purpose;
- Do not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Skinny-World’s website;
- Do not attempt to or actually access Skinny-World by any means other than through the interfaces provided by Skinny-World such as its mobile application or by navigating to http://www.Skinny-World.com using a web browser. This prohibition includes accessing or attempting to access Skinny-World using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Skinny-World;
- Do not attempt to or actually override any security component included in or underlying Skinny-World;
- Do not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Skinny-World’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Skinny-World personnel, attempting to gain unauthorized access to Skinny-World, or transmitting or activating computer viruses through or on Skinny-World; and/or
- Do not interfere or disrupt or game Skinny-World or the Services, including, but not limited to, any servers or networks connected to Skinny-World, or Skinny-World's search algorithms.
How To Contact Us
If you have questions or comments about this User Agreement, please contact us online or by physical mail at:
PPL Holdings Limited, 50 Raffles Place, #15-05/06 Singapore Land Tower, Singapore 048623
Skinny-World, 12 October, 2013