Conditions of use

Introduction (Partners Site)

These Terms of Use apply to your use of the information, products and services made available from our website at bodi.me or such other site as we may from time to time make available to you (“Website”) and from our mobile applications available to download from time to time (“Apps”) (collectively, the “Services”).  These Terms of Use should be read alongside, and is in addition to our Privacy Policy (accessible online at http://bodi.me/t/PrivacyInfo).   

The Services are developed, owned and provided by Bodi Me Limited (referred to in these Terms of Use as “Bodi.me”, “we”, “us” or “our”), a company registered in England and Wales whose registered number is 08659835 and whose registered address is at 58 Castletown Road, London W14 9HG.  Should you have any questions about these Terms of Use or wish to contact us for any reason whatsoever, please email us at [insert email address].

Please read these Terms of Use carefully.  By using the Services and/or the Apps in any way you indicate that you have read, understood and accept these Terms of Use and the Privacy Policy which is incorporated by reference into these Terms of Use (each as amended from time to time).  These Terms of Use and the Privacy Policy form a legally binding agreement between you and Bodi.me.  If you do not agree to these Terms of Use, you must not use the Website, the Apps or any part of the Services.

Registration

To enjoy the full benefit of the Services you must register an account through the Website (“User Account”).  All information that you provide us as part of your User Account must be accurate and complete and it is your responsibility to ensure you update and maintain changes to that information by contacting us at [insert email address].  We are entitled to rely on any information you provide to us.

On registering with us to use the Services, you must choose a user name and password (“Security ID”) which must be used in order to access the Services.  Your Security ID is personal to you and is not transferable, and must be kept confidential.

Your Security ID is the method used by us to identify you and so is very important.  You are responsible for all information posted on the Website by anyone using your Security ID.  Any breach of security of your Security ID should be notified to us immediately.

You may not adapt or circumvent the systems in place to control access to the Services, the Website and/or the Apps, nor access any of them other than through normal operations.

Services

We shall endeavour to allow uninterrupted access to the Services at all times, but access to the Services may be suspended, restricted or terminated at any time, and we reserve the right to suspend, modify all or parts of the Services without notice.

Use of the Services

You agree to use the Services only for lawful purposes and in a way which does not violate any applicable law or regulation, or infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Services.

Neither you nor anyone else authorised by you may use the Services:

  • in an unlawful manner, or in violation of any applicable laws, regulations, licence or third party rights;

  • to re-sell all or any part or the Services or to exploit all or any part of the Services for any commercial purposes (or attempt to do so);

  • in any way which interferes or tampers with, abuses, modifies or otherwise corrupts the security or functionality of any part of the Services, the Apps or the Website; or

  • in a way that is not permitted under these Terms of Use or any other reasonable instructions we may give to you.

If we believe that you are using or have used your User Account directly or indirectly in a way not permitted under these Terms of Use, we may suspend or terminate your use of the Services.

Use of the Apps

In respect of the Apps, you agree the following:

  • we grant you a non-exclusive, non-transferrable licence (without the right to sub-license) to use the Apps supplied by us to you on any mobile device that you own or control;

  • your licence to use the Apps is effective until terminated by you or us.  We shall terminate your rights under your licence without notice if you fail to comply with any of the terms of these Terms of Use.  Upon termination of the licence, you must cease all use of the Apps and permanently delete all copies of the Apps from your tablet or mobile phone (as applicable);

  • you will not reverse engineer, decompile or otherwise endeavour (in whole or in part) to obtain the source code of the Apps save to the extent that you cannot be prohibited from so doing under applicable law;

  • you will not permit any third party to use the Apps nor use the Apps on behalf of or for the benefit of any third party in any way whatsoever;

  • we do not warrant or represent that the operation of the Apps will be uninterrupted or error free, nor do we warrant that the Apps are suitable for your needs;

  • we do not warrant or represent that the Apps are compatible with third party computer programs or are compatible on all third party hardware configurations; and

  • all intellectual property rights in the Apps are owned by us (or our licensors) and you acknowledge that any intellectual property rights used in connection with the Apps shall remain our exclusive property, and that, except for the limited rights expressly granted under these Terms of Use, no intellectual property rights in the Apps shall pass to or otherwise vest in you.

Intellectual property rights

You agree that the Website, Apps and the Services and their content, including but not limited to the graphics, website design, user interface, and the software used to implement the Website, Apps and the Services, contain proprietary information and material that is owned by us or our licensors, and are protected by applicable intellectual property law, including but not limited to copyright.  You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website, Apps and Services in compliance with these Terms of Use.  You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services in any manner and you shall not exploit the Services in any unauthorised way whatsoever.

We and our licensors reserve the right to change, suspend, remove or disable access to any content, or other materials that are offered as part of the Website, Apps and the Services without notice.  In no event shall we be liable for making these changes.  We may also impose limits on the use of or access to certain features or content of the Services without notice or liability.

‘BODI ME’ is a trademark of Bodi Me Limited.  Other product and company names mentioned on the Website and or Apps, and in the Services may be the trademarks or registered trademarks of their respective owners.

Content posted

We do not claim any ownership rights in any material that you post to the Website, Apps or the Services.  After posting your content to the Website, Apps or the Services you will continue to retain all ownership rights in such content, and by posting content you hereby grant to us an unrestricted, perpetual, royalty-free licence to copy, distribute and display in any way whatsoever, use for any commercial purposes and disclose to third parties any of your content on and through the Website, Apps and the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.  In posting content you warrant that it does not violate the intellectual property or other rights of any other person.

We reserve the right (but shall have no obligation) to decide whether any content that you post to the Website, Apps or the Services violates any of these Terms of Use or which may be illegal, offensive or violate the rights of any person, and we may without prior notices and at our sole discretion reject, edit or remove such content.  We do not monitor or police any content posted on the Website, Apps or the Services on a regular basis and as such we do not assume any responsibility for monitoring the Website, Apps or the Services for inappropriate content or conduct.

Liability

The Website, Apps and the Services made available to you are provided on a temporary “as is” and “as available” basis without any guarantees, conditions or warranties as to their accuracy.  We will not be liable to the fullest extent permitted by law if for any reason the Website, Apps and/or the Services are unavailable at any time or for any period.

The Website, the Apps and the Services may contain links to other websites operated and services provided by third parties.  If we provide links to any other third party website from the Website, Apps or the Services those links do not imply any endorsement of those third party websites or any product or service available on them. We are not responsible for the content or accuracy of the information on such third party websites.

You agree that the Services (which, for the avoidance of doubt, includes the Apps) is provided without warranty and we do not warrant or represent that the Services or the Apps will meet your requirements, that their operation will be uninterrupted or error free, or that they are compatible with third party programs or hardware configurations.  We do not make any warranty as to the result that may be obtained from the use of the Services (including the Apps) or as to the accuracy or reliability of any information obtained through the Services, including any material supplied by or contained on any third party website which is linked from or to the Website and/or the Apps.

To the extent permitted by law, we, persons who act on our behalf, and/or persons we enter into contracts with shall not be liable for any loss or damage arising in connection with the Services (whether in contract, tort (including, without limitation, negligence) or otherwise) including:

  • any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings; or

  • any loss or corruption of data; or

  • any direct loss or damage whatsoever which may stem directly from, or which results only as a consequence of, a breach of these Terms of Use (that is to say they could be contemplated by you and us at the time of you accepting these Terms of Use); or

  • any indirect loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, a breach of these Terms of Use (that is to say those that happen as a side effect of the main loss or damage and which are not foreseeable by you and us at the time of you accepting these Terms of Use).

Except as required under applicable law, your sole remedy for dissatisfaction with the Services is to stop using the Services.

Nothing in this User Agreement shall exclude or limit our liability in respect of death or personal injury caused by negligence or fraud or fraudulent misrepresentation, or any other liability which cannot by law be limited or excluded.

You expressly acknowledge and agree that the restrictions on our liability under these Terms of Use are reasonable in the context of the Services being provided free of charge.

[You agree and understand that your purchase of any goods or services from Retailers is subject to and governed by their own terms and conditions of sale and that these Terms of Use do not affect your rights in respect of such sales.  We make no warranty with regards to any goods or services you obtain from Retailers and we expressly exclude from these Terms of Use, to the fullest extent permitted by law, all express or implied warranties, terms, conditions and representations in relation to the goods and services obtained from the Retailers, including those concerning satisfactory quality or fitness for purpose.]

Changes to these Terms of Use

We may update or amend these Terms of Use from time to time to comply with law or to meet our changing business requirements without notice to you.  The latest version will always be available on the Website and you are expected to check for updates to the Terms of Use each time you use the Website, Apps and the Services.  By continuing to use the Website, Apps and the Services, you accept and agree to be bound by the terms of the updates and amendments to these Terms of Use.

Privacy

You agree that any and all personal information you provide to us may be collected, stored, processed and used in accordance with our current Privacy Policy.

General

We may cancel your User Account and terminate the legal agreement established by these Terms of Use for any reason and at any time.  If we cease generally to provide any or all of the Services, a notice will be displayed on the Website.

No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

If any of the terms and conditions in these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Use.  No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms of Use, together with the Privacy Policy, sets out the entire agreement between you and us with respect to your use of the Website, Apps and the Services and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.

These Terms of Use are governed by the law of England and Wales.  In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the courts of England.