Woo! Mood

Terms of Use

(1)      Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website as a user or registered business, or become an advertiser on our website, we will ask for your express agreement to these terms of use.

(2)      Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may:

(a)      view, download for caching purposes only, and print pages from the website; and

(b)      embed videos from our website in your own blog or website in accordance with the instructions on our website,

in each case for your own personal use and subject to the restrictions set out below and elsewhere in these terms of use. 

Unless you own the rights in the relevant material, or are expressly permitted to do so by these terms of use, you must not:

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)      reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)      edit or otherwise modify any material on the website; or

(f)      redistribute material from this website, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3)      Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website for any purposes related to marketing, except in accordance with any permission contained in these terms of use or with our express written consent.

(4)      Registered users

Access to certain areas of our website is restricted to registered users. 

You must be at least 18 years of age to become a registered user.  By applying to become a registered user, you to warrant that you are at least 18 years of age.

In order to become a registered user, you must complete the registration form on our home page, indicate your acceptance of these terms of use, and click on the validation link in the email that we will send to you.

You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

You must not use any username that impersonates another person or breaches the provisions of Section 7 below.  You acknowledge that we may insist that you change your username.

Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion, which may include facilities to:

(a)      complete a detailed personal profile on the website (including images and videos);

(b)      publish that profile on the website, and restrict the publication of that profile to particular groups or individuals registered on the website (although note that your name and profile picture will always be publicly searchable, so that potential friends can find you on our website);

(c)      create a dietary plan (using the “meal bank”) and/or exercise plan (using the “exercise bank”) based upon your lifestyle and goals;

(d)      search our database of users, find gym buddies to exercise with you at your local gym, and create a network of friends amongst the other users of the website;

(e)      read our blog and submit comments for publication on our blog;

(f)      join website groups, and to share information amongst group members;

(g)      send public and private messages to website users;

(h)      search our directory of service providers and submit free listings for inclusion in our directory of service providers;

(g)      create a shopping list using the “I want...” website feature.

We will provide registered users with or enable registered users to generate a password to enable them to access the restricted areas of our website.  Registered users must keep their passwords confidential. 

We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

(5)      Registered businesses

Access to certain areas of our website is restricted to registered businesses. 

Registered businesses may be limited liability companies, partnerships where one of the partners is at least 18 years of age, or sole traders who are at least 18 years of age.  All users who use the account of a registered business must be at least 18 years of age.

In order to become a registered business, you must complete the business registration form on our website, indicate your acceptance of these terms of use, pay the applicable charges (as stated on our website from time to time) and click on the validation link in the email that we will send to you.

Businesses will have the opportunity to identify and correct input errors made during the sign-up process for becoming a registered business.  Such errors may be corrected using the website interface.

All  charges stated on the website are stated exclusive of any VAT, unless the context requires otherwise.  You must pay to us the applicable charges in advance, in cleared funds, in accordance with the instructions on our website.  We may vary charges from time to time by posting new charges on our website.  However, such variations will not affect services that have already been paid for. 

Registered business membership will continue for the period set out on the website in relation to the charges paid by the registered business.

You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

You must not use any business name that impersonates another person or breaches the provisions of Section 7 below.  You acknowledge that we may insist that you change your business name.

Registered businesses will have access to such additional features on our website as we may from time to time determine in our sole discretion, which may include facilities to:

(a)      create and publish a business profile on the website (which may include details of the business's expertise, products and services, classes and facilities);

(b)      create a client list;

(c)      send public and private messages to website users (but note the restrictions upon such messages detailed below);

(d)      publish blogs and blog posts on the website;

(e)      upload meals and exervise videos to the registered businesses profile;

(f)      opt-in to the publication on our website of reviews of your products and/or services, and respond to reviews that are published;

(g)      measure the usage of your registered business pages by our users;

(h)      answer “sticking point” queries raised by users.

We will enable registered businesses to generate, or provide registered businesses with, a password to enable them to access the restricted areas of our website.  Registered users must keep their passwords confidential. 

We may disable business name and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

In addition to complying with the other rules about the use of the website set out herein, registered businesses must not contact users via the website or using information obtained from the website, except: (i) using the “sticking point” facility, (ii) sending not more than one reply to a message sent by a user, or (ii) contacting users on the relevant business's client list.

Registered businesses that opt-in to the publication of reviews of their products and/or services acknowledge that they cannot delete or amend selected comments (although they may delete entire comment lists).

We will use reasonable endeavours to maintain the availability of the website for registered businesses during the period of registration (subject to scheduled maintenance and any events beyond our reasonable control) but we do not guarantee 24/7 availability.

(6)      User blogs

We may make available “user blogs” on the website.  User blogs are blogs written by users (other than registered businesses) and published on our website.  We may sell advertising space on user blog pages, and we will share the revenue generated by the sale of advertising space with the relevant blogger in accordance with this Section.  Further terms relating to users blogs will be published here in due course.

(7)      User content

In these terms of use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for publication on the website or for any other purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

Your content (and its publication on our website) must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy, or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime;

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence in a explicit, graphic or gratuitous manner;

(m)     be pornographic or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

Your content must be appropriate for our website, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(8)      Banner advertising

If you would like to publish banner advertisement(s) on our website, you should contact us by email.

From time to time we will agree in writing that we will publish one or more banner advertisements on our website.  Any such agreement will be subject to these terms of use and will be:

(a)      for the types and sizes of banner advertisement;

(b)      for the web pages;

(c)      for the period; and

(d)      at the price,

agreed in writing between us and the advertiser.

The advertiser will ensure that electronic files containing all banner advertisements are provided to us at least 5 working days before the commencement of the relevant advertising period.

The advertiser grants to us a non-exclusive, worldwide, royalty-free licence to publish the banner advertisements on the website as contemplated by this Section.

The advertiser will warrants, represents and undertakes that all banner advertisements will  comply with the provisions of Section 7, comply with the CAP Codes from time to time, are in such formats as we may reasonably request, and are of a reasonable production quality.

We reserve the right to suspend the publication of any banner advertisement or remove any  banner advertisement at any time where we reasonably determines that it breaches or may breach these terms of use.

We will issue invoices for the charges in respect of banner advertisements to the advertiser in advance.  The advertiser will pay the charges to the Publisher within 14 days of the date of issue of an invoice, and in any event before the commencement of the advertising period.  In the event of full or partial non-payment, we may delay the publication of a banner advertisement without prejudice to our other rights.

We will use reasonable endeavours to maintain the availability of the website and the availability of the published banner advertisements during the relevant period (subject to scheduled maintenance and any events beyond our reasonable control) but we do not guarantee 24/7 availability.

All charges stated in or in relation to banner advertisements are stated exclusive of VAT, unless the context requires otherwise.

(9)      Limitations of warranties

You acknowledge that any dietary plans and exercise plans have been generated by the website based on the general effects of such plans, and they are not equivalent to plans created by a dietician or personal trainer specifically for you.  You must satisfy yourself that any such plans are appropriate for you.  Our dietary plans and exercise plans are not designed for persons suffering from any medical condition or illness.  We give no guarantees, warranties or representations that any plan will result in any health or other benefit.  If you suffer any adverse reaction as a result of any dietary plan or exercise plan, you should immediately stop following the plan and should consult your doctor or other healthcare provider.  You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

You further acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information.  We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website.

(10)    Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)      to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)      we will not be liable for any consequential, indirect or special loss or damage;

(c)      we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; and

(d)      we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

(11)    Indemnity

You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(12)    Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise;

(g)        suspend and/or delete your account with the website; and/or

(h)        delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(13)    Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(14)    Trade marks

WOO! MOOD and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(15)    Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(16)    Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(17)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

(18)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(19)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(22)    Entire agreement

These terms of use constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(21)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(22)    Our details

The full name of our company is Woo Mood Limited. 

We are registered in England & Wales under registration number  06647312.

Our registered office address is at Woo Mood Ltd, #347, 152-160 City Road, London, EC1V 2NX; and our postal address is Woo Mood Ltd, #347, 152-160 City Road, London, EC1V 2NX
You can contact us by email to info@woomood.com or by writing to the postal address above.