Terms of Service
Terms and Conditions, including Disclaimers
This document (the “Agreement”) is a legally binding agreement between you and Tummi Ltd, a company registered in England and Wales under number 11887161 (“Tummi”) that governs your use of the online and mobile services associated with Tummi, including but not limited to, http://www.tummi.co.uk and all associated subdomains (the “Website”), and the Tummi mobile application (“App”).
For ease of reference, all the features and functionality of both the App and the Website, together with all its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the “System”.
One component of the System is the self-help diet modification program (the “Tummi Service”). All terms governing the System also apply to the Tummi Service. The System and the Tummi Service are both owned and managed by Tummi Ltd.
Please note that you must read and agree to the terms and conditions of this Agreement before you use the System and/or the Tummi Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the System nor may you use the Tummi Service.
The terms “we”, “us”, “our” and “ours” when used in these terms mean Tummi, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of Tummi. The terms “you”, “your” and “yours” when used in these terms mean any user of the System.
1. Contract Information
2. Understanding Tummi
You acknowledge and agree that the Tummi Service is a personalized self-help system designed to help you improve your own wellbeing and that if you choose to access the Tummi Service you are solely responsible for deciding on the application of a dietary adherence programme you put into practice.
You also acknowledge and agree that Tummi is not a medical organisation and that the Tummi Service is not intended to diagnose, treat or otherwise address any medical problem. The material on the System is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified care professional.
You should always speak to your doctor or GP before taking any of the actions relating to your diet. We are not a medical organization and we do not and cannot give or purport to give you any medical advice, diagnosis or assistance in whatever form.
Nothing in the System or anything associated with it should be taken or understood as medical advice or assistance, nor should it be interpreted in substitution for any diagnosis, medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the services.
The Tummi Service, the App and this Website are not intended for use by minors, or pregnant women. Individuals with any type of health condition are specifically warned to seek professional medical advice prior to initiating any form of weight loss programme.
The Client certifies that he or she:
HAS VISITED THEIR G.P. AND HAS A DIAGNOSIS OF IBS (IRRITABLE BOWEL SYNDROME)
IS NOT UNDERWEIGHT, OR HAS LOST MORE THAN 10% OF THEIR BODY WEIGHT IN THE LAST 6 MONTHS
DOES NOT HAVE, NOR HAS PREVIOUS HAD, AN EATING DISORDER
3. Grant of right of use
Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the System and Tummi Service in respect of which you or the third party have paid all applicable rental fees and charges, provided that you comply fully with the provisions of this Agreement.
4. Prices, payment and notice to cancel
If paying for the Tummi Services, you may, within the first 14 days of your Tummi start date, cancel your subscription to receive a full refund via email to hello@Tummi.co.uk. Subsequent to that 14 day period we require 7 days notice ahead of your next subscription charge date in order to cancel your subscription.
5. Changes to the Agreement
Tummi reserves the right to vary this Agreement from time to time by amending this page. Registered user’s will be notified of changes by the email address we have for you on file. Any material amendments intending to bind an existing user of the System shall become effective 7 days after the email.
6. Your health and Tummi
You are urged and advised to seek the advice of a doctor before beginning any diet modification program. If you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional.
This programme is intended as a lifestyle change guide and is therefore not classified as a medical device, meaning the programme should not replace any existing recommendations that have been given by a health care professional. The content is not intended to be a substitute for professional medical advice, support, diagnosis, or treatment. As such this programme may not be suitable for every individual. You should always seek the advice of your healthcare professional with any questions you may have regarding any underlying / existing medical condition before starting on this programme.
Suitably trained dietitians have provided the advice for dietary knowledge provided on the System and contained within the Tummi Service. Care has been taken to confirm that the information presented by authors is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
To access the Tummi Service, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
8. Intellectual Property Rights
The layout, design, content and graphics on the System and the Tummi Service are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
9. Prohibited uses
You agree that you will not use the System to:
Impersonate any person or entity, including, but not limited to, any user of this System, a director, officer, employee, shareholder, agent or representative of Tummi or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Tummi, our affiliates or any other person or entity
Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System
Intentionally or unintentionally violate any applicable laws and/or regulations
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party, and/or:
Access or attempt to access another user’s account without his or her consent.
Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
Reproduce, duplicate, copy or re-sell any part of the System in contravention of the provisions of this Agreement.
Resell access to the System.
Copy any material obtained from the System to peer to peer networks or other web sites or web services.
Access without authority, interfere with, damage or disrupt any part of the System; any equipment or network on which the System is stored; any software used in the provision of the System; or any equipment or network or software owned or used by any third party.
10. Breach of the Agreement
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the System and/or the Tummi Service.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the System and/or the Tummi Service.
Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Any further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
11. No warranty
The use of the System and Tummi Service (including but not limited to their content and features) is at your own risk. The System is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Tummi gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System or the Tummi Service or to the accuracy of the information contained in any of the materials on the System or the Tummi Service. Tummi shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the System. There is no guarantee of availability of information on the System at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Tummi shall create any warranty on behalf of Tummi in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
12. Limitation of liability
To the fullest extent applicable permitted by applicable laws, Tummi, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System or Tummi Service, even if you have advised Tummi about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the System by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Tummi (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Tummi Service. Any claims arising out of or in connection with your use of the System must be brought within one year of the date of the event giving rise to such action occurred.
Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
13. Technology limitations and modifications
Tummi will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. Tummi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable. Following any disruption within Tummi’s reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
You agree to indemnify and hold Tummi and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the System (and all related materials) or any applicable laws, regulations or third party rights.
15. Assignment by Tummi
Tummi may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
16. Entire agreement
17. Severability and waiver
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18. Term and termination
This Agreement is between you and us only and will become effective when you start using the System and will remain effective until terminated by you or Tummi. Tummi reserves the right to terminate this Agreement or suspend your Tummi account at any time in case of unauthorized, or suspected unauthorized use of the System whether in contravention of this Agreement or otherwise. If Tummi terminates this Agreement, or suspends your Tummi account, for any of the reasons set out in this section, Tummi shall have no liability or responsibility to you whatsoever.
19. Governing law and disputes
The System is controlled by Tummi from its offices in the United Kingdom. Access to, or use of, the System, including the Tummi Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the System or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or about this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or about this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 8 (Intellectual Property), Clause 12 (Limitation), Clause 14 (Indemnity), Clause 16 (Entire Agreement), Clause 17 (Severability and waiver) and Clause 19 (Governing Law and Disputes).
You can contact us via the following details:
Post: Tummi, 80 Wood Lane, London W12 0BZ
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.
Effective Date: This document is effective as of 01 June 2019