PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments hereto, “TERMS AND CONDITIONS”). BY USING THIS WEBSITE OR ANY WEB SITE OF BODISHIFT.COM AND/OR PLACING AN ORDER FOR BODISHIFT.COM, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR BODISHIFT.COM’s PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE BODISHIFT.COM’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE BODISHIFT.COM’S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.
Welcome to the Web site of Bodishift.com. These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through our site, an—as applicable—your use of other products or services of Bodishift.com. You must read these Terms and Conditions carefully before placing an order or using the Sites. By using the Sites, and/or placing an order through the Sites, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Sites. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Sites and/or other products or services of Bodishift.com after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to and use of the Sites, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Bodishift.com for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites.
You must only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Sites. You may not without our prior written consent:
copy, reproduce, use, or otherwise deal with any content on the Sites;
modify, distribute, or repost any content on the Sites for any purpose; or
use the content of the Sites for any commercial exploitation whatsoever.
In using the Sites, you further agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites;
not to disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked Web sites;
not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any Bodishift.com trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page) without Bodishift.com’s express written consent;
not to use meta tags or any other “hidden text” utilizing a Bodishift.com name, trademark, or product name without Bodishift.com’s express written consent;
not to deeplink to this Sites without Bodishift.com’s express written consent;
not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites;
not to collect or store personal data about others;
not to attempt to obtain unauthorised access to the Sites or portions of the Sites that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Bodishift.com; and
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Changes to the Sites
Bodishift.com may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that Bodishift.com shall not be liable therefor.
Bodishift.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of Bodishift.com, and Bodishift.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Bodishift.com of the site or any information contained therein. When leaving the Sites, you should be aware that Bodishift.com’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks
All the Sites’ materials, including, without limitation, Bodishift, The Six Week Body Transformation System, and all Bodishift.com product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2011-2014 Bodishift.com. ALL RIGHTS RESERVED. Unless expressly stated otherwise, Bodishift.com or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bodishift.com or the respective copyright owner. You may not, without the express written permission of Bodishift.com or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Bodishift.com or any third party.
Copyright Policy and Copyright Agent
It is Bodishift.com’s policy to respect the copyright and intellectual property rights of others. Bodishift.com may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Bodishift.com may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Bodishift.com complies with the Digital Millennium Copyright Act.
If you believe that Bodishift.com or any user of our Sites has infringed your copyright in any material way, please notify Bodishift.com, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Sites;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, their licensee, and agent of either of the foregoing, or the law; and
a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
that you are authorised to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: support[at]Bodishift.com.
You agree to indemnify and hold harmless Bodishift.com, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Sites or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Desk.
All of our products carry a specific money back guarantee, return or exchange policy starting from the date that the product is delivered to you. Please review the information provided with your product for specific details.
To return or exchange a product, please email our support desk support[at]Bodishift.com. Products that come with a money-back guarantee will receive a refund of the purchase price, less any applicable shipping and handling. We will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, such products or loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Desk.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Sites are correct and that all products have been fairly described. However, when ordering products or services through the Sites, please note that:
orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Sites, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
all prices are displayed in Great British pounds unless expressly indicated otherwise;
packaging may vary from that shown on the Sites;
any weights, dimensions, and capacities shown on the Sites are approximate only; and
all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Order and Payment Information
If you use the Sites or other means to purchase a product, payment must be received by Bodishift.com prior to Bodishift.com’s acceptance of an order, unless otherwise agreed by Bodishift.com. All Bodishift.com products are subject to sales tax which will be applied to your order total. Bodishift.com may need to verify information you provide before Bodishift.com accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Bodishift.com will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Bodishift.com expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Bodishift.com is registered to you. Bodishift.com shall have the right to bar your access to and use of the Sites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Bodishift.com, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Sites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Bodishift.com may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada. If stated, Bodishift.com will add applicable shipping and handling fees.
Bodishift.com reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Sites without incurring any obligation to you.
Bodishift.com’s descriptions of, or references to, products not owned by Bodishift.com on and outside of the Sites do not imply endorsement of that product, or constitute a warranty, by Bodishift.com.
Bodishift.com does not directly sell certain Bodishift.com products in any jurisdiction other than the United Kingdom as these products may not be approved for sale in other jurisdictions. While Bodishift.com may choose to accept orders for the purchase of its products from non- residents of the UK, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
you are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Bodishift.com’s facilities in the UK to your foreign ship to destination; and
the United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale, and Bodishift.com expressly opts out of such application.
Unless otherwise noted, Bodishift.com will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Bodishift.com may provide delivery or shipment timeframes or dates, you understand that those are Bodishift.com’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Bodishift.com shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
With regards to any product made available to you on an auto-renew or monthly (or other period) subscription as sold through the Sites or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT BY CONTACTING OUR CUSTOMER SERVICE DESK.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service Desk.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BODISHIFT.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORISED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF BODISHIFT.COM OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BODISHIFT.COM’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO BODISHIFT.COM FOR ANY PRODUCTS SUPPLIED BY BODISHIFT.COM THROUGH YOUR USE OF THE SITES OR OTHERWISE.
BODISHIFT.COM WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF ENGLAND AND WALES. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by Bodishift.com from its offices within United Kingdom. Bodishift.com makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United Kingdom, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of UK export laws and regulations. If you access the Sites from a location outside of the United Kingdom, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Bodishift.com reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that Bodishift.com shall not be liable for any termination of your use of or access to the Sites.
Only you and Bodishift.com shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
The Terms and Conditions constitute the entire agreement between Bodishift.com and you with respect to your use of the Sites, your purchase of products and services through the Sites, and as applicable any products or services of Bodishift.com. Any cause of action you may have with respect to the Sites or Bodishift.com’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Bodishift.com to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Bodishift.com, and you do not have any authority to create any obligation or make any representation on Bodishift.com’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Bodishift.com’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Bodishift.com and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Updated: Jan 6, 2014