BETTER BODY ONLINE Terms of Use

The following Better Body Online Terms of Use shall apply to customers who subscribe to the Better Body Online Service.

  1. Your Acceptance
    1. Your electronic acceptance signifies that you have read, understand, acknowledge and agree to be bound by:
      1. these terms of use (“Terms of Use”);
      2. our Better Body Online privacy policy (“Privacy Policy”) found at xyz, which is expressly incorporated here by reference.
    2. If you do not agree to the terms of this Agreement do not use the Better Body Online service.
    3. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY CONSUMER RIGHTS THAT APPLY TO YOU WITHIN YOUR JURISDICTION.
    4. AS A CONSUMER, YOU MAY HAVE LEGAL RIGHTS IN YOUR JURISDICTION IN RELATION TO THE SUPPLY OF DIGITAL CONTENT. THIS MIGHT INCLUDE THAT ALL DIGITAL CONTENT WE SUPPLY TO YOU WILL BE OF SATISFACTORY QUALITY, FIT FOR PURPOSE AND AS DESCRIBED.
    5. FOR FURTHER DETAILS OF YOUR LEGAL RIGHTS (INCLUDING STATUTORY REMEDIES YOU MAY HAVE) YOU CAN VISIT YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.

In these Terms of Use:

“Compatible Devices” means certain computers and other devices with internet browsers;

“Better Body Online”, “we”, “us”, “our” etc., means Better Body Online Limited, an English limited liability company, with its registered office located at Nash Harvey, The Granary, Hermitage Court, Hermitage Lane, Maidstone, Kent, ME16 9NT, registration number 09444573;

“B.B.O. Service” means the Better Body Online subscription service (including our website, the B.B.O. App, associated user interfaces and all content and software and all other features and functionalities associated with those services) that provides subscribers with access to view and discover our Programs that are streamed over the internet to Compatible Devices;

“B.B.O. App” means the Better Body Online software application owned by us that may be licensed for download on certain devices;

“Programs” means pre-recorded audio-visual exercise presentations (“Programs”);

“Related Companies” means any company other than us owned by or ultimately controlled by Better Body Online Limited and including Better Body Online Limited.

In the event of any conflict between these Terms of Use and the Website Terms of Use, the provisions of these Terms of Use shall prevail.

  1. You are responsible for exercising within your limits.
    1. Consult your doctor before using the B.B.O. Service and follow his or her advice. Do not use the B.B.O. service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the B.B.O. service. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing on the B.B.O. service is intended to be medical or professional advice or care. We and our Related Companies do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the B.B.O. Service. Results require personal willpower.
    2. You are responsible for exercising within your limits and subject to clause 15, assume all risk of injury to your person or property. CLAUSE 15 “EXCLUSIONS AND LIMITATION OF LIABILITY” OF THESE TERMS OF CONDITIONS EXPRESSLY APPLY TO YOUR USE OF THE B.B.O. SERVICES.
  2. Your Subscription
    1. Your subscription to the B.B.O. service, which may start with a free trial, will continue month to month unless and until you or we cancel it in accordance with this Agreement. You must give 4 weeks advance notice to cancel a subscription.
    2. You must be over 18 years of age, have internet access and provide us with a current, valid, method of payment acceptable to us (as confirmed during your online sign up) to use the B.B.O. service.
    3. You can find the specific details regarding your subscription with us at any time. Simply sign in to your B.B.O. account online and click on “My Account”. We subscribe to a software provider to deliver and monitor your personalised programmes so log in processes may vary from time to time, however messages contacting info@betterbodyonline.co.uk will answer any queries. All plans are however, devised by qualified personal trainers selected by B.B.O.
    4. NOTICE TO PARENTS AND GUARDIANS:
      1. Subject to clause i and ii below, the B.B.O. service is not suitable for children under the age of 18.
      2. We may offer Programs that are suitable for children (“Children’s Programs”) in the future on the B.B.O. service. These Children’s Programs will be expressly labelled as suitable for children. Individuals under the age of 18 may use the B.B.O. service to watch Children’s Programs only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. You are responsible for monitoring and supervising your child’s use of the B.B.O. service when viewing those Children’s Programs.
    5. In subscribing to a software company to deliver your exercise and nutrition plan we will use pre-recorded exercise videos delivered by the software provider. These may however, also be supplemented by our own You-Tube stream or a video prepared personally by your trainer.  Video’s you prepare so the trainer can monitor your technique, are treated as confidential information and the trainer may if required consult with a certified colleague if a second opinion is required.
    6. We continually test various aspects of the B.B.O. Service, including our website, user interfaces, plans, promotional features, availability of Programs, delivery and pricing. By entering into this Agreement, you agree that we may include you in or exclude you from these tests without notice.
    7. We reserve the right in our sole and absolute discretion to make changes from time to time to how the B.B.O. Service is offered to you (for example, the look and feel of the B.B.O. Service) and how the B.B.O. Service operates (for example, how our website is structured or how you are able to browse the available Programs).
    8. The availability of Programs may change from time to time and from country to country. The quality of the display of the streaming Programs may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, your carrier, the bandwidth available through and/or speed of your internet connection. An internet connection of at least 1.5MB/sec is required.
    9. If your Compatible Device or any other devices, hardware or equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.
    10. You are responsible for your relationship with all third party service providers you may engage to assist your enjoyment of the B.B.O. Services (including your internet service provider and your electricity service provider) and all obligations and charges you may owe to them as a result of using their services (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you need to contact the other supplier about the problem.
    11. B.O. streaming software is developed by, or for, us and is designed to enable streaming of content from us through Compatible Devices. This software may vary by device and medium, and functionalities may also differ between devices. You agree that the use of the B.B.O. service may be subject to certain third party licenses.
  3. Changes to this Agreement
  4. We may change the terms of this Agreement from time to time. Such revisions shall be effective immediately, provided however, for existing subscribers, such revisions shall be effective one month after posting them on our website and notifying you by email unless otherwise stated.
  5. Despite clause 5 a. above, if we reasonably consider that a change to the B.B.O. Services is likely to benefit you, or have a neutral impact on you, we may make that change immediately and will tell you about the change as soon as possible after the change has been made by posting the change on our website.
  6. If you do not agree to any changes we make to this Agreement, you may exercise your right to cancel your subscription in accordance with clause 9 “Cancellation”.
  7. Differing Subscriptions and Activation Codes
  8. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed online at the time of your sign-up on our website or otherwise notified to you by us, and will take precedent over the terms set out in this Agreement, to the extent that a conflict arises.
  9. Some promotional subscriptions may be offered by third parties (for example, certain fitness facilities) in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.
  10. From time to time, activation codes that grant you access to use the B.B.O. Service may be available from us, including those provided as part of a third party promotion. Activation codes may be redeemed and will grant you access to the B.B.O. Service as described in the specifics of the promotion or when you enter the activation code during online sign-up. Activation codes can only be used once, cannot be redeemed for cash and may not be combined with other offers, including a free trial, unless otherwise determined by us in our sole discretion. If you received an activation code through an offer by a third party, additional conditions may apply.
  11. Free Trials
  12. Your subscription may start with a free trial, which will be confirmed when entering into a contract with us via the online sign up process. The free trial period of your subscription lasts as specified during your online sign-up. For combinations with other offers, restrictions may apply, which will be confirmed in the terms accompanying any such offers. Free trials are for new subscribers to the B.B.O. Service only. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
  13. We will begin charging your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you expressly cancel prior to the end of the free trial period. You can cancel your subscription during the free trial period by contacting info@betterbodyonline.co.uk, please ensure you receive a confirmation reply to acknowledge receipt of your request.
  14. You will not receive a notice from us that your free trial period is about to end or that the paying portion of your subscription is about to begin.
  15. Subscription Fees
  16. By starting your B.B.O. subscription and providing or designating a Payment Method, you authorise us to charge you a monthly fee for your subscription at the then current rate (“Subscription Fee”) to your Payment Method. As used in these Terms of Use, “charge”, “charging” etc., shall indicate either a charge, debit or other payment clearance, as applicable, against your Payment Method.
  17. The Subscription Fee will be charged at the beginning of the paying portion of your subscription and each month thereafter unless and until your subscription is cancelled. For example, if you subscribe with an initial 30 day plan on 16 April, the paying portion of your subscription will begin on 16 April and you will be charged on 16 April for the monthly Subscription Fee, which is payment in respect of the billing period 16 April to 16 May.
  18. You must cancel your subscription at least one month before it renews each month in order to avoid charging of the next month’s Subscription Fee to your Payment Method. For example, if you wish to cancel your subscription with effect from 1 May, you will need to provide notice no later than midnight 1April.
  19. There are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the B.B.O. Service through to the end of your current billing period.
  20. Unless otherwise notified at the time you signed up for your B.B.O. subscription, all charges shall be in GBP.
  21. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorise us to continue billing your Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  22. We may change our Subscription Fees or any component thereof at any time as we may determine in our sole and absolute discretion. When we decrease Subscription Fees we may make the change immediately and we will tell you about the change after the change has been made by emailing you, and publishing the change on our website.
  23. When we increase Subscription Fees (including introducing charges for services that are currently free, such as a free trial period) and you are impacted by the change, we will give you one month’s notice of these changes. We will notify you of these changes by emailing you, and publishing the change on our website. For example, if your Subscription Fee is payable on 1 March, and you are notified of an increase in the Subscription Fee on 10 March, the increased Subscription Fee will only become payable with effect from 1 May.
  24. If you do not agree to any changes we make to our Subscription Fees or any component thereof, you may exercise your right to cancel your subscription in accordance with clause 9 “Cancellation”.
  25. Cancellation
  26. You may cancel your subscription at any time, and you will continue to have access to the B.B.O. Service through to the end of your monthly billing period. To cancel your subscription, e-mail info@betterbodyonline.co.uk one month prior to the date you wish payments to cease (see clause 8 b), if no confirmation email is received we can not guarantee acceptance of the request and please try again. If you cancel your subscription within the correct time frame, your account will automatically close at the end of your current billing period.
  27. We may cancel your subscription at any time, and (subject to clause 9.e below) you will continue to have access to the B.B.O. service through to the end of your monthly billing period (if applicable).
  28. We do not provide refunds or credits for any partial-month subscription periods or unwatched / unused Programs.
  29. If you signed up for the B.B.O. Service with a third party as a Payment Method (for example, through a membership to a fitness facility), and wish to cancel your subscription, including during your free trial, you may need to do so through such third party. You may also need to find or ask for your billing information in respect of your subscription by visiting your account with or requesting that information from the applicable third party. That third party will also be able to cancel Your Account without your consent. When we receive a cancellation from a third party, you agree that we may contact you to see if you would like to sign up to the B.B.O. Service directly.
  30. We may immediately terminate or restrict your use of the B.B.O. Service, without compensation or notice if you are, or if we reasonably believe that you are (i) in material violation of any of this Agreement or (ii) engaged in illegal or improper use of the B.B.O. Service.
  31. Your obligations
  32. You agree not to:
  33. copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, create derivative works from, offer for sale, or use (except as explicitly authorised in this Agreement) content and information contained on or obtained from or through the B.B.O. Service without express written permission from us;
  34. use the B.B.O. Service for public performances including, without limitation, performance in or for any fitness facility;

iii. use the Programs (including, without limitation, the choreography or music contained therein) to learn, teach or instruct any fitness class;

  1. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the B.B.O. Service;
  2. use any robot, spider, scraper or other automated means to access the B.B.O. Service;
  3. decompile, reverse engineer or disassemble any software or other products or processes accessible through the B.B.O. Service;

vii. insert any code or product or manipulate the content of the B.B.O. Service in any way;

viii. use any data mining, data gathering or extraction method;

  1. infringe any third party’s rights; or
  2. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the B.B.O. Service, including any software viruses or any other computer code, files or programs.
  3. You agree to:
  4. pay the Subscription Fees;
  5. use the B.B.O. Services for your own personal and non-commercial use, and not for any commercial or business purpose;

iii. ensure all information you give us is correct, and notify us immediately of any changes to your contact details;

  1. follow the instructions and directions we provide about using the B.B.O. Service and only use it for lawful purposes;
  2. be responsible and liable for any use by any other person (authorised or unauthorised) of the B.B.O. Services we provide to you, including, without limitation, any charges associated with that use and any consequences if such person misuses the B.B.O. Services or breaches this Agreement or suffers any injury or damage to their property;
  3. make sure everyone you are responsible for and who may use or do anything in relation to the B.B.O. Services also meets the responsibilities set out in this Agreement; and vii. be responsible for configuring your information technology, computer programs and Compatible Devices in order to access our website and the B.B.O. Service. You should use your own virus protection software.
  4. Customers in the European Union and your right to withdraw
  5. If you are a customer in the European Union you provide your explicit consent to the immediate commencement of your subscription when you click “Start Subscription” during sign-up, which allows you to directly access the B.B.O. Service and contact your trainer. You acknowledge that you lost your right to withdrawal but this does not affect your right to cancel your subscription as described in clause 9 above.
  6. The Better Body Online App
  7. We may make the B.B.O. Service available to you through the B.B.O. App. By downloading and/or using the B.B.O. App you agree to the terms of this Agreement. The app is operated by a third party software provider, but exercise plans are delivered and monitored by B.B.O. trainers.
  8. We grant you a non-exclusive, limited, personal and non-transferable license, subject to and conditional upon your compliance with this Agreement, to install and use the B.B.O. App, in object code form only, provided to you by or on behalf of us in connection with your use of the B.B.O. Service.
  9. We may issue you an upgraded version of the B.B.O. App automatically upon an instance of your use of the B.B.O. App or the B.B.O. Service or otherwise in connection with your use of the Compatible Device. Alternatively, we may require you to consent to an upgrade to the B.B.O. App (“Upgrades”) before using, installing or accessing the B.B.O. App. If you decline the Upgrades, you may not be able to use or access the B.B.O. App or use the B.B.O. Service through the B.B.O. App.
  10. The B.B.O. App may provide us with limited access to your Compatible Device. Among other things, the B.B.O. App may provide us with information related to your use of the B.B.O. Service and this information will be treated in accordance with our Privacy Policy.
  11. We may terminate your right to use the B.B.O. App at any time without notice. Your ability to use our B.B.O. App to utilise the B.B.O. Service is subject to your system compatibility with our B.B.O. App as such requirements may change from time to time. Compatibility of system requirements with the B.B.O. App is your responsibility.
  12. CLAUSE 15 “EXCLUSIONS AND LIMITATION OF LIABILITY” OF THESE TERMS OF CONDITIONS EXPRESSLY APPLY TO THE B.B.O. APP AND THE USE OF THE B.B.O. APP.
  13. If you have downloaded the B.B.O. App from the Apple iTunes Application Store, the following additional terms apply:
  14. You acknowledge that this Agreement is not between you and Apple.
  15. Your use of the B.B.O. App is limited to a non-transferable license to use the B.B.O. App on any iOS products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the B.B.O. App.

iii. To the extent permitted by law, Apple has no warranty obligation with respect to the B.B.O. App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is our responsibility. Please note our exclusion of warranties under clause 15 below.

  1. You acknowledge that Apple is not responsible for addressing any of your claims (or any third party claims) relating to the B.B.O. App or your possession and/or use of the B.B.O. App, including, but not limited to: (i) any third party claims of intellectual property right infringement, (ii) product liability claims, (iii) any claim that the B.B.O. App fails to conform to any applicable legal or regulatory requirement, and (iv) claims arising under consumer protection or similar legislation.
  2. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  3. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement with respect to the B.B.O. App, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you in respect of the B.B.O. App as a third party beneficiary thereof as set forth herein.
  4. Passwords & Account Access
  5. Your control over your account is exercised through use of your login and password and therefore to maintain exclusive control over your account, you should not reveal your password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
  6. In order to provide you with ease of access to your account and to help administer the B.B.O. Service, we may implement technology that enables us to recognize you and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the B.B.O. Service, which includes accessing via Compatible Devices or our website.
  7. We reserve the right to place any account on hold anytime with or without notification to the subscriber in order to protect ourselves and our partners from what we believe to be fraudulent activity (once a hold has been put in place, we will notify you as soon as possible). Any hold placed on an account will not last any longer than 10 working days, after which we will either terminate this Agreement, or re-open your account. We are not obligated to credit or discount a subscription for holds placed on the account by either our representatives or by the automated processes of the B.B.O. Service, in circumstances where your act or omission leads to our concerns that a fraudulent activity is or has taken place on your account or you are in breach of your obligations under this Agreement.
  8. Intellectual Property
  9. Copyright. The B.B.O. Service, including all content provided on the B.B.O. Service, is protected by copyright, trade mark, trade secret and other intellectual property laws and treaties. The Programs contain cover music and a selection of licensed original recordings.
  10. Trade marks. BETTER BODY SHOP, the BETTER BODY ONLINE and all our and our Related Companies other trade and service marks and logos, and our and our Related Companies products and services described in our or our Related Companies websites, are either trademarks, service marks or registered trademarks of us, our Related Companies or our authorised agents, and may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of our or our Related Companies trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of us or our Related Companies and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our and our Related Companies trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us or our Related Companies. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the B.B.O. Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our Related Companies.

 

  1. Exclusion and Limitations of Liability
  2. AS A CONSUMER, YOU MAY HAVE LEGAL RIGHTS IN YOUR JURISDICTION IN RELATION TO THE SUPPLY OF DIGITAL CONTENT. THIS MIGHT INCLUDE THAT ALL DIGITAL CONTENT WE SUPPLY TO YOU WILL BE OF SATISFACTORY QUALITY, FIT FOR PURPOSE AND AS DESCRIBED.
  3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGE OR LOSS. THEREFORE, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU DEPENDING ON THE LEGISLATION IN YOUR JURISDICTION.

iii. FOR FURTHER DETAILS OF YOUR LEGAL RIGHTS (INCLUDING STATUTORY REMEDIES YOU MAY HAVE) YOU CAN VISIT YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.

  1. BETTER BODY ONLINE AND IT’S RELATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE B.B.O. SERVICE OR THE MATERIALS IN THE B.B.O. SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD OR STREAMING FROM THE B.B.O. SERVICE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
  2. WHILE BETTER BODY ONLINE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE B.B.O. SERVICE IS SAFE, BETTER BODY ONLINE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE B.B.O. SERVICES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEETS YOUR REQUIREMENTS.
  3. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY BETTER BODY ONLINE OR ITS RELATED COMPANIES.

vii. SUBJECT ONLY TO CLAUSE IX BELOW AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BETTER BODY ONLINE OR ANY OF ITS RELATED COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY PERSON AS SET FORTH BY CLAUSE 10.b.v FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH:

  1. PERSONAL INJURY;
  2. DEATH;
  3. LOSS OF LIVELIHOOD;
  4. PAIN AND SUFFERING; OR
  5. EMOTIONAL DISTRESS,

viii. IF WE FAIL TO COMPLY WITH THE TERMS OF THIS AGREEMENT, WE ARE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER WHICH IS A FORESEEABLE RESULT OF OUR BREACH OF THIS AGREEMENT OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH.

  1. BETTER BODY ONLINE AND IT’S RELATED COMAPANIES DO NOT IN ANY WAY EXCLUDE OR LIMIT THEIR LIABILITY TO YOU FOR:
  2. DEATH OR PERSONAL INJURY CAUSED BY BETTER BODY ONLINE OR IT’S RELATED COMPANIES NEGLIGENCE;
  3. FRAUD OR FRAUDULENT MISREPRESENTATION;
  4. BETTER BODY ONLINE AND IT’S RELATED COMPANIES TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE B.B.O. SERVICE OR THESE TERMS SHALL BE LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY YOU FOR YOUR SUBSCRIPTION DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

We may assign your subscription, the provision of the B.B.O. Services or this Agreement and all rights and/ or obligations to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale.

You agree to receive communications relating to your account and other information and commercial offers in electronic form. These communications may involve sending emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. Governing Law.

These Terms are governed by English law. Both parties agree to submit to the non-exclusive jurisdiction of the English courts.

 

Updated and effective for new and existing subscribers: 01 March 2016.