These Terms and Conditions govern your use of guardianeatright.co.uk (the guardianeatright.co.uk Site) and your relationship with Tesco Ireland Limited (Tesco, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use or become a member of the guardianeatright.co.uk site. The guardianeatright.co.uk site is hosted by Tesco Ireland Limited on behalf of Guardian News & Media Ltd.

Use of the guardianeatright.co.uk site

You will be able to access some areas of guardianeatright.co.uk site without registering as a member. However, by accessing any part of the guardianeatright.co.uk site you agree to be bound by these Terms and Conditions.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Amendments

We may update these Terms and Conditions from time to time. You should periodically review them for changes although where possible we will try to bring any changes to your attention by indicating such changes via a notice on the guardianeatright.co.uk site. If you continue to use the guardianeatright.co.uk site after the date on which any changes come into effect, your use of the guardianeatright.co.uk site indicates your agreement to be bound by the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions you should not continue to use the guardianeatright.co.uk site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation).

Membership

To register as a member of the guardianeatright.co.uk site you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You can review your details by signing into the Member login section of the guardianeatright.co.uk site. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. With the exception of trial memberships and special offers, the initial membership term (Initial Membership Term) is ten weeks. Unless specified otherwise on the guardianeatright.co.uk site, membership is automatically renewed after the Initial Membership Term and monthly thereafter.

Members automatically receive a complimentary subscription to our weekly newsletter containing nutritional, fitness and other related information.

Payment

You can pay membership fees by any Mastercard or Visa credit card, or Visa Electron or Delta debit cards. Your credit/debit card details can be entered on the guardianeatright.co.uk site. The details will be encrypted to minimise the possibility of unauthorised access or disclosure. At the time of registration, your credit/debit card will be charged for the Initial Membership Term. Thereafter you will be charged monthly until your membership is cancelled (for cancellation details see paragraph 9 below). Prices are expressed inclusive of any VAT payable. Any reduction or increase in the monthly membership price will take effect in your next membership month following notification. Your membership month begins on the next calendar date after the date on which your Initial Membership Term ends and finishes on the day before that calendar date the following month.

Password and security

If you register to become a member of the guardianeatright.co.uk site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for details) immediately. If Tesco has reason to believe that there is likely to be a breach of security or misuse of the guardianeatright.co.uk site, we may require you to change your password or we may suspend your membership in accordance with paragraph 9 below.

Excluded services

The services provided by the guardianeatright.co.uk site do not include the provision of computer or other necessary equipment to access the site. To use the guardianeatright.co.uk site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Intellectual property

The content of the guardianeatright.co.uk site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the guardianeatright.co.uk site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the guardianeatright.co.uk site without written permission from Tesco. No licence is granted to you in these Terms and Conditions to use any trade mark of Guardian News & Media Ltd or Tesco or its affiliated companies including, without limitation, the trade marks TESCO, GUARDIAN EAT RIGHT, TESCO DIETS,TESCO.COM and TESCO CLUBCARD.

Availability of the guardianeatright.co.uk site

Although the guardianeatright.co.uk site aims to offer you the best service possible, we make no promise that the services at the guardianeatright.co.uk site will meet your requirements. Tesco cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Customer Services (see below for contact details) and we will attempt to correct the fault as soon as we reasonably can. Your access to the guardianeatright.co.uk site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

Tesco will attempt to restore the service as soon as it reasonably can.

Cancellation of membership and Refund Entitlement

By registering as a member you agree that we will make the members' services on the guardianeatright.co.uk site available to you immediately. Once the performance of the services have begun, you will not be entitled to cancel your membership pursuant to the Consumer Protection (Distance Selling) Regulations 2000 i.e. you will not have the usual cooling-off period. In the event that you do not use your Eat Right account, cancellation will not take place.

No cancellation option is available during the first day of membership. However, outside of this you are free to set your account to cancel at any time during your membership. All cancellation options are available by going into 'My Account' in the My Profile section of the guardianeatright.co.uk site. Alternatively, we will accept requests to cancel via email by giving your first name, last name and user ID and informing them of your intention to cancel. Cancellation will take affect from the next membership renewal date and you will not be entitled to a refund for any monthly membership fee already paid.

The cancellation of your membership and your right to use the guardianeatright.co.uk site shall not affect either party's rights or liabilities. Paragraphs 7, 8, 9, 10 and 11 of these Terms and Conditions shall survive cancellation.

Tesco may suspend or cancel your membership immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

Health - caution in use of the site

Tesco strongly recommends that you should seek medical advice before starting any weight loss or nutritional programme. The information on the guardianeatright.co.uk site does not offer medical advice or act as a substitute for medical treatment. You should not use the guardianeatright.co.uk site if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs. The guardianeatright.co.uk site provides general information and guidance on weight loss and weight loss management. Although it aims to help users in their efforts to lose weight, information on the guardianeatright.co.uk site does not constitute advice tailored to an individual's specific requirements.

Tesco's liability

Although Tesco will use reasonable skill and care in providing the guardianeatright.co.uk site, it gives no other warranties or guarantees in relation to the guardianeatright.co.uk site. You must bear the risks associated with the use of the Internet.

The guardianeatright.co.uk site provides content from other Internet sites or resources and while Tesco tries to ensure that material included on the guardianeatright.co.uk site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Tesco will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the guardianeatright.co.uk site. If Tesco is informed of any inaccuracies in the material on the guardianeatright.co.uk site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the guardianeatright.co.uk site with any of your equipment, software or telecommunications links;
• technical problems including errors or interruptions of the guardianeatright.co.uk site;
• unsuitability, unreliability or inaccuracy of the guardianeatright.co.uk site;
• inadequacy of the guardianeatright.co.uk site to meet your requirements.

You agree that we will not be liable to you for any losses related to any business interests that you have, such as lost data, lost profits or business interruption. Nothing in these Terms and Conditions shall exclude Tesco's liability for personal injury or death caused by its negligence.

Third party websites

As a convenience to users, the guardianeatright.co.uk site includes links to other web sites which are beyond its control. Tesco is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the guardianeatright.co.uk site.

Advertising and sponsorship

Part of the guardianeatright.co.uk site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the guardianeatright.co.uk site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

International use

Tesco makes no promise that materials on the guardianeatright.co.uk site are appropriate or available for use in locations outside the United Kingdom and the Republic of Ireland, and accessing the guardianeatright.co.uk site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom and the Republic of Ireland, you do so, on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Tesco ignores this, Tesco will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Tesco shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. Save for Guardian News & Media Ltd who may enforce the rights granted to it pursuant to these Terms and Conditions, a person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Guardian and third party information

From time to time Guardian News & Media Ltd and third parties carefully selected by Guardian News & Media Ltd may provide you with information and offers which may be of interest to you. Where you have ticked the relevant box during the registration process we will pass your contact details to Guardian News & Media Ltd (who may in turn pass such information to the third parties referred to above) in order for you to receive information from Guardian News & Media Ltd and third parties in relation to such services and products. If you wish to stop receiving information from Guardian News & Media Ltd and/or other third parties please let us know by contacting Customer Services (details below).

Sensitive personal data

By registering as a subscriber, you acknowledge that you will need to provide details of health, gender and age so that we may provide the services. Further, you agree that we may transmit this sensitive personal data, via secure links, to our website host, ediet.com Inc, which is based in the USA. Guardian Unlimited guardianeatright.co.uk is owned and operated by Tesco Ireland Limited, a company registered in Ireland whose registered office is at Gresham House, Marine Road, Dun Laoghaire, Co. Dublin, Ireland.