These general terms and conditions of use Terms and Conditions except as otherwise set forth herein, govern your use of Fitness Body website.
By accessing and using the Fitness Body website, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site.
USERS /USE
You have our permission to solely electronically copy and print hard copies of pages from this web site for personal AND or non-commercial reasons related to placing an order or shopping with us. Unless we give you written permission in advance, any other use of this web site, its content and its information, including linking or framing to this web site, is strictly prohibited.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
PRIVACY
We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
ACCURACY OF INFORMATION
All information or advice provided as part of this website is intended to be general in nature and you should not rely on it in connection with the making of any decision. The information, including prices, and details, of products and services, and any offers, included in this website, have been compiled from a variety of sources and are subject to change at any time without notice. In the event that such change takes place we shall not be liable to you in any way whatsoever.
Fitness Body tries to ensure that all the information provided as part of this website is correct at the time of inclusion on the website but does not represent that the information contained in this website is accurate, comprehensive, verified or complete, makes no representation or warranty as to the currency, adequacy or suitability, and shall accept no liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information.
NO OFFER
The information on this website is provided purely for information and does not constitute or form part of any offer or invitation to sell or issue, or any solicitation of any offer to purchase or subscribe for, any securities in Fitness Body or any other company, nor shall it (or any part of it) or the fact of its distribution, for the basis of. Or be relied on in connection with or act as any inducement to enter into, any contract or commitment whatsoever with respect to any such purchase or subscription.
All products and services are subject to availability and we give no guarantee in this regard. The company advertising the products or services concerned may accept or reject your offer at its sole discretion.
MODIFICATION OF THESE TERMS OF USE
FITNESS BODY reserves the right to change the terms, conditions, and notices under which Fitness Body Web Site is offered, including but not limited to the charges associated with the use of Fitness Body Web Site.
LINKS TO THIRD PARTY SITES
Fitness Body Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Fitness Body and Fitness Body is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fitness Body is not responsible for web casting or any other form of transmission received from any Linked Site.
Fitness Body is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fitness Body of the site or any association with its operators.
USER COMMUNICATION
Fitness Body is pleased to hear from users and welcomes your comments regarding our services. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Fitness Body on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”).
By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Fitness Body does not endorse or sponsor any such User Communications submitted by you or other users of this website.
Fitness Body reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Fitness Body will fully cooperate with any law enforcement authorities or court order requesting or directing Fitness Body to disclose the identity of anyone posting any such information or materials.
Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.
LIMITATION OF LIABILITY
Fitness Body AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, Fitness Body WEBSITE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF Fitness Body HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Fitness Body AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless Fitness Body and its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of this website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Fitness Body owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Fitness Body without obtaining authorization from Fitness Body.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service.
However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
VARIATION
Fitness Body may vary these terms and conditions at any time. Any variations become effective upon posting. By continuing to use this website following a variation of the terms and conditions, you consent to be bound by the varied terms and conditions.
SEVERABILITY
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
APPLICABLE LAWS
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of North West, South Africa in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
CONTACT US
If you have any questions about this Terms and Conditions, please contact us.