1.1 This disclaimer shall govern your use of our website and app.
1.2 By using our website (and/or app), you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website (and/or app).
1.3 If you register with our website (and/or app), submit any material to us or use any of our website (and/or app) services, we will ask you to expressly agree to this disclaimer.
1.4 You must be at least 16 years of age to use our website (and/or app); by using our website (and/or app), you are agreeing to this disclaimer, you warrant and represent to us that you are at least 16 years of age.
2. Health, Fitness and Nutritional information
2.1 Our website (and/or app) contains general health, fitness and nutritional information.
2.2 The health, fitness and nutritional information is not advice and should not be treated as such.
2.3 The health, fitness and nutritional information on our website (and/or app) is provided without any representations or warranties, express or implied.
2.4 Without limiting the scope of Section 2.3, we do not warrant or represent that the health, fitness and nutritional information on this website (and/or app):
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
2.5 You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake, whether or not such exercise programme uses the health, fitness and nutritional published on this website (and/or app).
2.6 You should not make any changes to your: diet, nutrition, lifestyle, activities or exercise programmes based on the health and fitness information published on our website (and/or app) without first consulting your doctor or another suitably qualified healthcare professional.
2.7 You must not rely on the information on our website (and/or app) as an alternative to medical advice from your doctor or other qualified professional healthcare provider.
2.8 If you have any specific questions about any medical matter, you should consult your doctor or other qualified professional healthcare provider.
2.9 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
2.10 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website (and/or app).
2.11 Our website (and/or app) includes interactive features that allow users to communicate with us.
2.12 You acknowledge that, because of the limited nature of communication through our website’s (and/or app) interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
2.13 Any assistance you may receive using any our website’s (and/or app) interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
2.14 Subject to Section 2.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our website (and/or app).
2.15 The daily nutrition targets for: calories, protein, fat and carbohydrates is based upon the information you give for your goal, body type, activity level and bodyweight. They are given on the presumption that you are at least 16 years of age and you have no current or pre-existing medical conditions, injuries or illnesses.
2.16 All app users are fully responsible for their own nutrition targets for: calories, protein, fat and carbohydrates. These can be fully customised in the goals section on the app to ensure they can be adaptable to your own personal circumstances.
2.17 All regular members who wish to share their diary and nutrition targets within the app with a health and fitness professional do so at their own risk. A regular member who does connect accounts with a health and fitness professional is responsible on checking that same health and fitness professional is fully qualified and insured to act in such capacity throughout the time their accounts are connected.
3. Limitations and exclusions of liability
3.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
3.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
(a) are subject to Section 3.1; and
(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
3.3 To the extent that our website (and/or app) and the information and services on our website (and/or app) are provided free of charge, we will not be liable for any loss or damage of any nature.
3.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
3.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
3.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
3.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
3.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website (and/or app) or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
4.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website (and/or app) or any breach by you of any provision of this disclaimer.
5. Law and jurisdiction
5.1 This disclaimer shall be governed by and construed in accordance with English law.
5.2 Any disputes relating to this disclaimer shall be subject to the jurisdiction of the courts of England.
6. Our details
6.1 This website (and/or app) is owned and operated by Luminutri Ltd.
6.2 We are registered in England and Wales under registration number 10699731, and our registered office is at: 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ.
6.3 You can contact us via email 24/7, firstname.lastname@example.org.