New In 90 Terms and Conditions

These Terms and Conditions govern your use of the New In 90 website (the “Site”) and your relationship with New In 90 and/or its owner, Apex Media Limited (“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 the Site. If you have any questions on the Terms and Conditions, please contact admin@newin90.co.uk

1. Use of the Site
The Site is provided to you for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
2. Amendments
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3. Intellectual property
The content of the Site, including but not limited to the New In 90 name and logo, is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the 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 Site without written permission from us.
4. Availability of the Site
4.1 Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it to admin@newin90.co.uk and we will attempt to correct the fault as soon as we reasonably can.
4.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5. Our liability
5.1 The Site provides content from other web sites or resources and while we try to ensure that material included on the Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
5.2 No warranty is given that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
5.3 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
5.4 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
6. Disclaimer
6.1 This Site promotes and sells the New In 90 App (the “App”) that can be downloaded by you to your mobile phone or tablet.
6.2 The App contains advice about eating and general physical activity but we do not warrant that the information we provide will meet your specific eating or activity requirements and we accept no responsibility for any injuries, illnesses or losses incurred by you as a result of buying and using the App.
6.3 We do not give any advice in relation to any specific individual, not do we provided diagnostic services.
6.4 You should not rely upon any advice given by this website or the App and we do not accept any responsibility if you do so.
6.5 Always consult your doctor before embarking upon any sort of eating or exercise programme if you have any concerns about your health or eating arrangements.
7. Third party websites
As a convenience to customers, the Site includes links to other web sites or material which are beyond our control. We are not responsible for content on any site outside the Site.
8. Advertising and sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
9. Privacy Policy
Safeguarding your privacy is important to us. Our Privacy Policy which forms part of these Terms and Conditions is listed on a separate page under “Privacy Policy”.
10. 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 whatever purpose.
10.1 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.
10.2 You warrant and represent that your content will comply with these terms of use.
10.3 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).
10.4 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.
10.5 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.
10.6 Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
11. Applicable law
These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom

12. Miscellaneous
12.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
12.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
12.3 We make no promise that the materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
12.4 We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
12.5 The Site is owned by Apex Media Limited, a company registered in England and Wales whose registered office is at Willow Cottage, Silchester Road, Little London, Tadley, RG26 5EP. Co No 5077314.

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©New in 90/Apex Media Ltd 2022

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