Terms and conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY REGARDING YOUR USE OF DONOTDONUT.COM. By using DonotDonut.com, you agree to these Terms and Conditions of Use ("T&Cs"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these T&Cs at any time. You should check these T&Cs for changes periodically . By using DonotDonut.com after we post any changes to these T&Cs, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these T&Cs, you should not use DonotDonut.com.
By using DonotDonut.com, you agree to be legally bound and to abide by these T&Cs, effectively as if you had signed this agreement. If you do not comply with these T&Cs at any time, we reserve the right to close your account, and/or restrict access to DonotDonut.com. In our sole discretion and without prior notice or liability, we may stop, modify or alter any part of the Website, including, but not limited to, (i) restricting when the Website is available, (ii) restricting the amount of use allowed, and (iii) restricting or prohibiting any user's right to use the Website.
Becoming a Community member
There is no fee to become a community member of DonotDonut.com. You do not have to become a community member to use DonotDonut.com. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of DonotDonut.com. You must register in accordance with instructions that you will find on DonotDonut.com to participate in, and to contribute to, any Forum or other feature of DonotDonut.com.
If you chose to become a community member of DonotDonut.com, you agree to provide us with true, accurate and complete information about yourself ("Community member Data"), and to maintain and promptly update the Community member Data and any other information you provide to us, to keep it accurate. You also consent to your Community member Data being used in accordance with our Privacy Policy. Without limiting any other provision of these T&Cs, 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 DonotDonut.com. You agree not to assign, transfer or sublicense your rights as a community member of DonotDonut.com. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading profile on DonotDonut.com.
We commit to protect your privacy and security. 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 T&Cs by this reference, and you confirm that when using DonotDonut.com, you consent to your personal data being used and processed in accordance with our Privacy Policy. Specifically, you agree that we can place performance and functionality cookies in order for us to provide you with the features associated with your use of the Website as a community member.
You acknowledge that all content posted, emailed, or otherwise transmitted to or on DonotDonut.com, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "posts"), are the sole responsibility of the person who made such posts. This means that you are entirely responsible for all posts that you make, email or otherwise transmit to DonotDonut.com. We do not control the posts posted, emailed or otherwise transmitted on DonotDonut.com by others and, as such, we do not guarantee the accuracy, integrity or quality of such posts. Although we have community standards and conduct guidelines for the users of DonotDonut.com (as described herein), you understand that by using DonotDonut.com, you may be exposed to posts that are objectionable or offensive. Under no circumstances will we be liable in any way for any posts including, but not limited to, any errors or omissions in any posts, or for any loss or damage of any kind incurred as a result of the use of any posts posted, emailed or otherwise transmitted to or through DonotDonut.com.
You agree not to use DonotDonut.com (including any Community Area) to:
a. Upload, post, email or otherwise transmit any posts or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to, any user of DonotDonut.com, a director, officer, employee, shareholder, agent or representative of APL, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with APL or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posts or other materials transmitted to or through DonotDonut.com;
e. Upload, post, email or otherwise transmit any posts or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any posts or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
h. Upload, post, email or otherwise transmit any posts or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt DonotDonut.com or servers or networks connected to DonotDonut.com, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
j. Intentionally or unintentionally violate any applicable local, county, state, national or international law, including, but not limited to, any regulations having the force of law;
k. "Stalk" or otherwise harass another user or employee of DonotDonut.com;
l. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website (including usernames or passwords) or about any other third party;
m. Access or attempt to access another user’s account without his or her consent
Your right to use DonotDonut.com (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a part of DonotDonut.com and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or these T&Cs of Use, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
If, at our request or on your own, you send, email, post or otherwise transmit to us or DonotDonut.com any Content (collectively, the "Submissions"),you grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights or, depending on the law of your jurisdiction, waive any moral rights) and licence, including the right to sublicense, (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions , for any purpose, commercial, advertising or otherwise. You also warrant that: (i) you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions; (ii) to the extent that you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above; and (iii) that each person depicted in any images, photos and/or videos contained in your Submission (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on DonotDonut.com retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
DonotDonut.com is not for use by minors and is not directed at minors. DonotDonut.com is for use and access by individuals who are eighteen (18) years or older.
These T&Cs apply only to DonotDonut.com, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
You may order services, merchandise or other products through DonotDonut.com from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
If you are a member of DonotDonut.com, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
DonotDonut.com provides wellbeing and health information and content published over the Internet, and is intended only to assist users in their personal health/wellbeing/weight-loss efforts. APL is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in DonotDonut.com should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
You are urged and advised to seek medical advice before beginning any weight loss effort or regime. DonotDonut.com is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
Before commencing any dietary plan, you should make sure that you are not underweight.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON DONOTDONUT.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY. IF YOU ARE A RESIDENT OF IRELAND, SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 IS HEREBY EXCLUDED.
NEITHER APL, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT DONOTDONUT.COM OR ANY FUNCTION CONTAINED IN DONOTDONUT.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DONOTDONUT.COM OR THE SERVERS THAT MAKE DONOTDONUT.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DONOTDONUT.COM 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.
NEITHER APL, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN DONOTDONUT.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH DONOTDONUT.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DONOTDONUT.COM; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF DONOTDONUT, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF DONOTDONUT.COM. THESE EXCLUSIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend APL, and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of DonotDonut.com or our products or offerings, your violation of these T&Cs, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
These T&Cs shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of DonotDonut.com or these T&Cs shall be filed only in the High Court (England) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.
In any action against us arising from the use of DonotDonut.com, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These T&Cs, together with our Privacy Policy, are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these T&Cs and the Subscription Agreement, the Subscription Agreement shall control. These T&Cs may be modified only by our posting of changes to these T&Cs on DonotDonut.com, or by written agreement of both parties. Each time you access DonotDonut.com, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these T&Cs. These T&Cs will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these T&Cs, or to exercise any right under the T&Cs, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Unless specifically provided for in these T&Cs, no third party shall have any right hereunder.
DonotDonut.com is operated by Chelmo Limited (a company incorporated in England and Wales, company registration no. 08464213) and its registered office is at:
Sutherland House,
1759, London Road,
Leigh-on-Sea,
Essex,
SS9 2RZ
If you have any questions or concerns, you may contact us by email found on our site or by post at the aforesaid address. Chelmo Limited is registered for VAT purposes (VAT Registration No: 158797641)
