TERMS OF USE
TERMS OF USE
Ratus Emas Sdn Bhd, which owns www.beautifitt.com absolutely, ("BeautiFitt") provides its services to you subject to the following Terms and Conditions. If you visit or shop at BeautiFitt’ website, you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.
From time to time, BeautiFitt may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
The contents of this site, including the text, graphics, images, information obtained from BeautiFitt'ss third-party content providers, sponsors, suppliers, and licensors (collectively "Providers") and other material are to be used for informational purposes only. This Website provides health and weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. BeautiFitt is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis.
This Website is intended for use only by 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.
The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. This information should be used in conjunction with the guidance and care of your physician, especially if you are taking medications, including diuretics or medication for diabetes. Whether or not you are at your goal weight, consult your physician before beginning the any BeautiFitt Program as you would with any nutritional plan. Your physician should perform baseline laboratory tests to allow for proper follow-up and to individualize your maintenance level of carbohydrate intake. As with any plan, the weight-loss phases of the BeautiFitt Weight Management Program should not be used by patients on dialysis or by pregnant or nursing women.
Nothing stated or presented on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
PRIVACY
Please review our Privacy Policy, which also governs your visit to BeautiFitt’s website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
IDEA SUBMISSION POLICY AND YOUR COMMUNICATIONS TO BEAUTIFITT
BeautiFitt likes to hear from consumers and what they think about our products. However, in your communications with BeautiFitt, please keep in mind that BeautiFitt does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to BeautiFitt any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. Our creative departments are continuously launching new product, packaging and marketing ideas. Often, these ideas are in the developmental stage for years prior to actually being launched. If you choose to forward or transmit to BeautiFitt’ web site by electronic mail or otherwise any suggestion-type communication or material, including any personal data, questions or answers, comments, suggestions, or the like, such materials will be treated as non-confidential and non-proprietary. Furthermore, BeautiFitt is free to use any ideas or concepts contained in any communication you send for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
LICENSE AND SITE ACCESS
BeautiFitt grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of BeautiFitt. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of BeautiFitt. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BeautiFitt without our express written consent. You may not use any metatags or any other hidden text utilizing BeautiFitt’ name or trademarks without the express written consent of BeautiFitt. Any unauthorized use terminates the permission or license granted by BeautiFitt. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Atkins’ website so long as the link does not portray BeautiFitt, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BeautiFitt logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BeautiFitt and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of this site ("User") expressly agree that use of this site is at User's sole risk. Neither BeautiFitt, Inc., nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents (collectively "BeautiFitt"), nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.
BeautiFitt does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.
THIS SITE IS PROVIDED BY BeautiFitt ON AN "AS IS" AND "AS AVAILABLE" BASIS. BeautiFitt MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BeautiFitt DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BeautiFitt OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF BeautiFitt IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BeautiFitt'ss LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BeautiFitt, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall BeautiFitt or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
THIRD-PARTY CONTENT
This Web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). In the Content supplied by Users or third parties other than BeautiFitt, BeautiFitt is a distributor and not a publisher. BeautiFitt has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by BeautiFitt are those of the respective authors or distributors and not of BeautiFitt. Neither BeautiFitt nor any third party, including any Provider, or any User of this Web site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or User not under contract with BeautiFitt. BeautiFitt neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized BeautiFitt'ss employees. Under no circumstances shall BeautiFitt be liable for any loss, damage or harm caused by a User's reliance on information obtained through this site. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through this site.
ONLINE CONDUCT
User agrees to use this Web site only for lawful purposes. User is prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If BeautiFitt is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, BeautiFitt may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. BeautiFitt may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of BeautiFitt, its Users or Providers.
BeautiFitt reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of BeautiFitt or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither BeautiFitt nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither BeautiFitt, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.
LINKS TO OTHER SITES
This site may reference or link to third-party sites throughout the World Wide Web. BeautiFitt has no control over these sites or the content within them. BeautiFitt cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. BeautiFitt does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. BeautiFitt does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against BeautiFitt for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.
COPYRIGHTS
Copyright (c) 2002-2008 BeautiFitt.com. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Web site itself, are copyrighted materials belonging exclusively to BeautiFitt.com or its content suppliers and are protected by international copyright law. BeautiFitt enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under national and international copyright law. All rights are reserved.
TRADEMARKS
BeautiFitt™, the BeautiFitt™ logo, BeautiFitt™ Health and Weight Management Program, BeauLIFE™, BeauKINS™, BeauSOY™, BeauFI™ and other marks indicated on our site are the exclusive property and trademarks of BeautiFitt. BeautiFitt reserves all rights, including all rights applicable under the national and international trademark laws. All other trademarks not owned by BeautiFitt that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BeautiFitt.
INDEMNITY
You agree to defend, indemnify, and hold BeautiFitt and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
APPLICABLE LAW
This site is created and controlled by BeautiFitt in the country of Malaysia. As such, the laws of Malaysia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. BeautiFitt reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of Malaysia for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Malaysia courts and agrees not to plead or claim in any Malaysia court that such litigation brought therein has been brought in an inconvenient forum.
MODIFICATION, AND SEVERABILITY
BeautiFitt reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.