Microsite Terms of Use

1. INTRODUCTION

1.1The microsite url is  https://qvc.bodychef.com operated by The Bodychef Limited (“Bodychef” “us” “we”) on behalf of QVC UK (“QVC”). 

1.2 Use of the Site is on the terms contained in this document (Terms of Use). If you do not agree to these Terms of Use, stop using the Site immediately. By accessing and using this Site you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and Bodychef and can only be amended with Bodychef’s consent. They should be read in conjunction with any details provided on the Site about how the Site operates and the services which are available. 

1.3 The supply of any products or services you order from this Site is subject to QVC’s Terms and Conditions.  You should also read QVC’s Privacy Statement [http://www.qvcuk.com/content/legal-information/privacy-statement.html?viewType=gallery&pageSize=24 ]. In addition, we will use the personal information you provide us to manage and deliver your Bodychef hamper to you.

1.4 We reserve the right to change these Terms of Use from time to time without prior notice by changing them on the Site. 

2. ACCESSING THE SITE

2.1 We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device. 

2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. 

2.3 From time to time, we may restrict access to some features or parts of the Site to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. 

3. ACCURACY OF INFORMATION

3.1 We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice on which reliance should be placed. We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. 

3.2 If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable. 

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All content on this Site including but not limited to text, software, photographs, videos and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. All trade marks, service marks and logos are owned by or registered to The Bodychef Limited, QVC UK, QVC, Inc.,. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, QVC UK, QVC, Inc., or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, service marks, logos or other proprietary marks or any of the content of this Site, in whole or in part, except as provided in these Terms of Use. 

4.2 You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. 

4.3 The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use. 

5.	COOKIE POLICY

5.1 Cookies are small text files stored on your computer when you visit certain web pages. 
Bodychef uses cookies for our ordering process (adding items to basket, food exclusions, discount coupon usage etc).   To order products on the Site, you need to have cookies enabled – see the section on Managing cookies. Most web browsers have cookies enabled by default – see Managing cookies for help to turn them on if this is not the case.
5.2 Bodychef cookies do not store information like your name, address or card/account numbers: they simply contain a serial “key” that, once you are signed in, is associated
with this information.
5.3	If you would like to restrict, block or delete cookies, you can use your browser to do this. Each browser is different, so check the “Help” of your particular browser to
learn how to change your cookie preferences. Please note however that you will not be able to place an order on the Site and you will need to contact QVC UK for a refund of your purchase. 




6. OUR LIABILITY

6.1 Although we hope this Site will be of interest to users, QVC and Bodychef accept no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law. 

6.2 If you are a consumer and not a business user, QVC and Bodychef shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable. 

6.3 If you are a business user, in no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of, or inability to use, the Site or information on the Site. Except as provided in these Terms of Use, all terms implied by law are excluded. 

6.4 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded. 

GENERAL

7.1 The Bodychef Limited is a company is a registered company in England and Wales. Company Number 04383801 Registered office address 20 Central Avenue, St. Andrews Business Park, Norwich, NR7 0HR Our VAT registration number is 825786294

7.2QVC UK is a company registered in England. Our company number is 02807164 and our registered office address is Building 8, Chiswick Park, 566 Chiswick High Road, London W4 5XU. Our VAT registration number is 723095447. 

7.3 Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email and confirmed by post. 

7.4 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use. 

7.5 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force. 

7.6 You and we agree that English law applies to these Terms of Use and that any dispute between us regarding the Site or arising out of or in connection with these Terms of Use will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. 

8. HOW TO CONTACT US

If you experience problems with the Site or would like to comment on it, please feel free to email us at support@bodychef.com

by writing to us at: 

The Bodychef Limited
Units1-3 Lowestoft Enterprise Park, School Road, Lowestoft Suffolk NR33 9NA 



Customer Terms and Conditions

1. Introduction
Any purchase made through https://qvc.bodychef.com shall be governed by QVC UK’s Customer Terms and Conditions which can be accessed [http://www.qvcuk.com/content/legal-information/terms-and-conditions.html?viewType=gallery&pageSize=24] 

2. Health 
Bodychef and QVC strongly recommend that before starting any diet or weight loss plan you should seek medical advice.  None of the information provided by Bodychef or QVC is a substitute for medical advice or medical treatment.  You should not use this Site or Bodychef’s services if you are underweight, pregnant or breastfeeding, or under 18 years of age or if you have any medical conditions which affects your dietary requirements.  The Bodychef system allows you to email or print your personalised plan to your doctor or nutritionist or dietitian to show them exactly what you intend to have delivered.

3. Food Allergy Disclaimer
The Bodychef Limited makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies.  Every effort is made to instruct or food production staff on the severity of food allergies.  In addition, you can select to exclude items that we may have identified as possible allergen-containing ingredients; however, there is always a risk of contamination.  There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice.  Customers concerned with food allergies need to be aware of this risk.

Please be aware that Bodychef’s facility prepares foods and uses ingredients in our products that contain nuts or nut oil.  If you have any type of food allergy, please refrain from eating Bodychef’s products.



4. Account Terms
By registering on this Site you can access or view your menus, hampers ordered and confirm your order of a Fresh Diet Hamper.  You are responsible for using the Site in a private and secure manner. Neither Bodychef or QVC will be liable for any damage or loss caused from any unauthorised account access resulting from your actions, such as not logging out of the account or sharing your account password.  Bodychef reserves the right to refuse registration or cancel a Bodychef account at any time.

5. Payment
Payment will be taken directly by QVC once your hamper is despatched and the terms of your purchase are governed by QVC UK Customer Terms and Conditions [http://www.qvcuk.com/content/legal-information/terms-and-conditions.html?viewType=gallery&pageSize=24]

6. Delivery
We will deliver directly to the address specified in your order. We cannot deliver products within the same order to multiple addresses. In some cases we can deliver an order to an alternative address from your registered membership address. Such an alternative delivery address can only be provided to us when ordering online or by phoning our Customer Care team. 
As Bodychef are delivering fresh foods our courier company can only attempt to deliver once. 

Due to the freshness of our diet plans, Bodychef does not deliver outside of mainland Britain, Northern Ireland, or the following postcodes:
Scottish Highlands – AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH14-26, Ph20-41, Ph39-50
Scottish Islands – HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA19-PA20, PA41-49, PA60-78, Ph32-44, ZE1-3