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Terms and Conditions of use

1.     Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2.     Copyright notice

2.1    Copyright (c) 2019 New Year Health

2.2    Subject to the express providions of these terms and conditions:

            (a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and     

            (b)     all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.     Licence to use website

3.1    You may:

            (a)    view pages from our website in a web browser;

            (b)    download pages from our website for caching in a web browser;

            (c)    stream audio and video files from our website by means of a web browser.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for personal purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

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

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

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

                (d)    exploit material from our website for a commercial purpose; or

                (e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute [our newsletter] in [print and electronic for] to [any person].

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.    Acceptable use

4.1    You must not:

                (a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

                (b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

                (c)    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;

                (d)    [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 webiste without our express written consent];

                (e)    [access or other interact with our website using any robot, spider or other automated means[ except for the purpose of [search engin indexing]]];

                (f)    [violate the directives set out in the robots.txt file for out website]; or

                (g)    [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

5.    Affiliate links

5.1    Our website includes links to third party merchant websites supplying goods and/or services.

5.2    We may earn affilate fees from a merchant if you click on that merchant's link on our website [ and subsequently make a purchase on the merchant's website].

5.3    You acknowledge that:

            (a)    we do not vet third party merchants;

            (b)    we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracty of the information published on third party merchant websites;

            (c)    we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and

            (d)    [our website contains infromation supplied by third party merchants, and we do not check, audit or monitor the accuracy of that information],

        and accordingly we will not be liable to you inrelation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.

5.4    We are not responsible for the enforement of any oblistations arising our of a contract between you and any third party, and will have no obligation to mediate between theparties to any such contract.

6.    Your contect: licence

6.1    In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

6.2    You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website]  OR [ reproduce, store and, with your specific consent, publish your content on and in relation to this website].

6.3    You grant to us the right to sub-license the rights licensed under Section 6.2

6.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.

6.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

6.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delet, unpublish or edit any or all of your content.

7.    Your content: rules

7.1    You warrent and represent that your content will comply with these terms and conditions.

7.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3    Your content, and the use of your content by us in accordance with these therms and conditions, 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 an explicit, graphic or gratuitous manner;

            (m)   be pornographic, lewd, suggestive 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)    consitiute spam;

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

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


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