This website (“Website”) is owned, operated and maintained by Health & Fitness Software Limited (Bodbod) registered under company number 8795771 whose registered office is at 18 Chaplin Crescent, Sunbury TW167JE (“Health and Fitness Software”, “we”, “us”, “our”).
Section B sets out the terms of sale on which we supply the services to registered members (“Members”) (“Terms of Sale”). Please read these terms of sale carefully before purchasing any credits from our Website.
Sections A, B and C together form the “Agreement” between us. We may change any terms of the Agreement at any time by updating this page. You should check this page from time to time to review the Agreement to ensure you are happy with any changes.
Health and fitness software is a company registered in England and Wales at Companies House. Our registered office is 18 Chaplin Crescent, Sunbury, Surrey TW16 7JE and our registered number is 8795771.
You can contact us by email at firstname.lastname@example.org
We have made this Website available to you for your own personal noncommercial use. You may register as a member (“Member”) which will give you access to the members’ section of the Website.
We may modify, withdraw or deny access to this Website at any time.
In order to have full access to the services provided on our Website including the upload and download of any contributions and posting comments (including, but not limited to, any text, photographs, graphics, video or audio) (“Contribution”), you will be required to register with us as a Member.
If you register as a Member and upload a Contribution to the Website, you agree to grant us, free of charge, permission to use the material and publish the Contribution on the Website. Health and Fitness Software ltd does not endorse any Contribution uploaded to the Website. If the Contribution includes material belonging to, or details making reference to or in any way identifying another person, you warrant that:
Where you are using this Website other than as an individual user you shall fully compensate us against all costs, claims, damages, liabilities and expenses we incur as a result of a breach by you of your obligations under the DPA and the above provisions.
You agree that we can use your Contribution, including making it available to other users of the Website for download. You will retain the copyright in your Contribution. All trademarks, titles and copyrights used in this Website relating to third party publications and materials are owned by their respective holders. Any other intellectual property rights relating to this Website (unless otherwise stated) are owned by us or our licensors.
By submitting a Contribution, you confirm that your Contribution does not breach copyright or any other intellectual property rights and that you have not included or copied another person’s material without their consent or licence, and you indemnify us against any loss they may suffer as a result of a claim that the Contribution contains any third party’s intellectual property rights. If you have used another person’s material, you undertake to ensure that the original creator has given you permission in advance to use it and to have it published by us on the Website, without any payment, and that the original creator has waived any moral rights they may have in the Contributions.
If you would like to make a compliant about a Contribution or anything posted on the Website, please contact us at email@example.com. We will endeavour to respond to your email within seven working days.
We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.
When using this Website you will observe the following provisions and restrictions (which apply in respect of the use of the Website and (where relevant) in respect of any Contributions also):
The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked website or any link contained in a linked website. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
These do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
Rules as to use or access to this Website are subject to the law of England and Wales and you agree to submit to the jurisdiction of the English Courts (and if you are an individual consumer, the court nearest to where you are based within the UK) in relation to any matter or dispute arising out of or in connection with your use of this Website.
Any waiver or amendment of this Agreement will be effective only if signed by us and our failure to exercise or enforce any rules shall not constitute a waiver of such right or provision.
If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect unless Health and Fitness Software in its absolute discretion, determines that such severance would make this Agreement unviable, in which case Health and Fitness Software may terminate the Agreement immediately.
This Agreement contains all the terms which the parties have agreed in relation to the subject matter of this Agreement, and supersedes any prior written or oral agreements, representations or understandings between the parties in relation to such subject matter.
You may become a Member by paying a yearly subscription. As a Member, you will have the ability to participate in and access the services available through the Website.
Members will be provided with a username, password and other information as part of our security procedures and you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.
By placing an order through the Website, you agree that:
Please be aware that your completion of the registration process, our processing of your payment for your subscription and your acceptance of these terms of sale brings into force a legally binding contract.
The contract formed between you and Health and Fitness Software, pursuant to these Terms of Sale, will remain in full force and effect, for as long as you continue to be a subscriber to the Website and associated services.
We may terminate the contract immediately on notice to you (and subsequently your subscription and access to the Members’ section of the Website) in the event that you are found to be in breach of this Agreement. Your subscription fee is nonrefundable unless you validly exercise your right to cancel which is set out below. Members can apply for a refund in extenuating circumstances by emailing us at firstname.lastname@example.org and a refund may be issued at the discretion of our directors. You will be advised of the directors’ decision within 48 hours of the request being received. A refund will be issued, if applicable, at the same time as this advice is given and the relevant amount will be refunded to the credit or debit card on which the payment was made. Please note that this may take up to 7 working days to process. The membership will be cancelled within 24 hours of receipt of the cancellation request.
Your membership is for a period of one year and will automatically renew at the end of the first year and at the end of any further one year periods until you terminate your membership in accordance with this paragraph. Members will be charged the subscription fee on a monthly basis until you give us 30 days’ notice in writing or by email to cease doing so, after which time your membership will expire. Your subscription fee will be nonrefundable unless you validly exercise your right to cancel in accordance with the below.
We may also provide links on our Website to the websites of other companies or individuals, whether affiliated with us or not. We cannot give any undertaking that the services you may opt to receive from third parties (including but not limited to any third party professionals) through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against any third party.
Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended) (“the Regulations”), you are entitled to cancel your subscription until the seventh working day following the day on which your subscription begins. Your subscription will begin on the day upon which the contract between you and Health & Fitness software is formed in accordance with the above. However, if you choose to use any of the services to which your membership entitles you, you are electing to commence the services immediately and you thereby waive the right to cancel under the Regulations.
To exercise your right to cancel under this section, you must email us at email@example.com. We will refund all subscription fees paid within 30 days of receipt of your notice to cancel.
We will use our best efforts to process your registration and subscription as soon as possible after receiving payment. In most cases this will give you instant access to the services although we can provide no guarantee that this will be the case in the event of technical problems.
We may increase the annual charge for the services at any time and we will notify you of the increase that will apply to your next 12 month membership term. Please note that you may opt not to renew your membership by providing notice in accordance with the above.
If the increased annual charge is notified to you during the final 30 days of your annual membership term, you will have a period of 30 days from the date of such notification to decide whether or not to renew your membership at the increased price. If you fail to notify us of your nonrenewal during this time, your membership will automatically renew at the new price.
The price of single or bundle packages for creating progress reports or membership will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time.
These prices include VAT.
Members paying by monthly subscription will be charged instalment on a monthly basis.
Payment for all subscriptions must be made through our third party payment services provider. For more details of this, please contact our third party payment services provider at PayPal or here at Stripe.
Applicable laws require that some of the information or communications we send you should be in writing.
When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to or firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when registering with the Website. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, nonhappening, omission or accident beyond our reasonable control.
Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the terms of sale may be performed despite the Force Majeure Event.
The contract between you and us is binding on you and us and on our respective successors and assigns:
In general, and unless you want to become a Member, you can use this Website without giving us any information. However additional services may be available if we have certain information about you and we will collect certain information from you in order for you to become a Member. We may collect the following information:
We use this information to provide you with a better service, and in particular for the following reasons:
As above, we would like to provide you with information about new products, promotions, special offers and other information which we think you may find interesting. Where you have consented to us doing so, we may send you such information by postal mail and telephone, unless you have registered with the appropriate Preference Service. If you purchase a product from us we may retain your address for future mailings. If you do not want your information used for direct marketing purposes at any time, please contact us at email@example.com or on to let us know and we will not send you any direct marketing.
We would also like to provide you with the information above by email. However, we appreciate that email “spam” has become a problem in recent years. If you are a Member or you have previously asked us for information on our products:
Otherwise, when you provide us with personal information, we will ask you whether you would like us to send you informational emails.
[If you decide at any time that you no longer wish to receive marketing emails from us, please click on the unsubscribe link in the email. Alternatively, you may at any time contact us at firstname.lastname@example.org
We will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.
You may request details of personal information which we hold about you under the Data Protection Act 1998 at any time. A small fee will be payable. If you would like a copy of the information held on you please contact us at email@example.com
If you think any information we have about you is incorrect or incomplete, please write or email us as soon as possible. We will correct or update any information as soon as possible. Alternatively, you may correct any inaccuracies in the information you have provided to us by signing in to your online account.
Please remember that the internet is not a secure medium. Communications over the internet such as e- mails are not secure unless they have been encrypted.
We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Website server all your card details are passed from your browser to our secure payment gateway using secure service software (SSL) encryption.
Our payment gateway provider uses secure server software (SSL) encryption system. All other information transferred is conducted through a secure phone line.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All information provided through our Website, telephone, catalogue and in store is stored on servers located in the UK. It will be processed by staff operating in the UK who work for our company and staff [operating in the UK] who work for our third party hosting services company.
Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing.
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Last modified: 1st November 2014