Terms & Conditions 2018-04-20T17:22:26+00:00

TERMS OF SERVICE

 

OVERVIEW

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BodyO’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘BodyO’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [address]. Our company registration number is [company registration number and place of registration]. The term ‘you’ refers to the user or viewer of our website.

BodyO designs products and tools that track daily health and activity to empower and inspire users to lead healthier and more active lives.

These Terms of Service (“Terms”) govern your use of our personal fitness and digital body monitoring products; our websites, including www.bodyo.com; the software embedded in BodyO devices; the BodyO Web solution, and the BodyO mobile applications, memberships and other BodyO services (collectively known as the “BodyO Service” or “Service” or “Services”).

You must accept these Terms to create a BodyO account and to use the BodyO Service. If you do not have an account, you accept these Terms by visiting www.bodyo.com  or using any part of the BodyO Service.

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.BODYO.COM OR USE THE BODYO SERVICE.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including and without limitation, users who are browsers; vendors; customers; merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Medical

Consult your doctor or medical practitioner before using The BodyO Service.

The BodyO Service is not intended to diagnose; treat; cure, or prevent any disease. If you have a medical or heart condition, consult your doctor or medical practitioner before using the BodyO Service; engaging in an exercise programme or changing your diet. If you experience a medical emergency, stop using the BodyO Service immediately and consult with a medical professional. We are not responsible for any health problems that may result from training programmes; consultations; products, or events you learn about through the BodyO Service. If you engage in any exercise programme you receive or learn about through the BodyO Service, you agree that you do so at your own risk and are voluntarily participating in these activities. If you start to experience redness or skin irritation on your wrist, remove your device. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist or medical practitioner.

 SECTION 1 – ONLINE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce; duplicate; copy; sell; resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Use The BodyO Service at your own risk

Our goal is to provide helpful and accurate information on the BodyO Service, but we make no endorsement, representation or warranty of any kind about any BodyO service.

We are not responsible if information made available on this site is not accurate, complete or current. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice, at any time.

We shall not be liable to you or to any third-party for any modification; price change; suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if and when applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account; the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

 

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – BODYO PREMIUM

BodyO Premium is a set of premium services provided to the user.

 

Sign-up

By signing up to BodyO Premium, you agree to the Terms, including the supplementary terms and conditions in this Chapter (BodyO Premium). Furthermore, your sign up and continuous subscription is contingent on you providing BodyO adequate and correct payment information and pay due subscription fees and any other incurred charges.

 

Waiver of right of withdrawal

In order for BodyO to ensure your immediate access to all the services of Premium, you agree and accept that by ordering Premium, you waive your right to a 14-day right of withdrawal.

 

Monthly Subscription

Your subscription will continue until you terminate it and is subject to a prepaid monthly subscription fee.

 

Yearly Subscription

Your subscription will continue until you terminate it and is subject to a prepaid yearly subscription fee.

 

Payment for BodyO Premium

All fees are paid in advance in accordance with the subscription of your choice, and are drawn from the payment option you submit to BodyO upon sign up to BodyO Premium. Payments will continue to be made until you terminate your subscription.

Payment will be made by a valid credit card accepted by BodyO via PayPal or via the Apple App Store or Google Play. Hence, you authorise us to charge your chosen payment option for your subscription fee until you terminate your subscription. Should your payment option fail, we will make reasonable efforts to resolve the issue, and notify you of the failure. However, if the issue is not resolved, we will disable your Premium subscription until payment is received. All amounts paid for the BodyO Premium service, including prepayments, are non-refundable.

The renewal subscription fees will be the same as the initial fee unless you are otherwise notified in advance. BodyO reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this Site.

 

 

Termination Notice

If you signed up to BodyO Premium from the BodyO website, termination is done via your personal ‘Settings’ page on the Site by choosing ‘Cancel subscription’ under the ‘Subscription’ menu. BodyO Premium subscriptions made at the BodyO website are registered and processed in Coordinated Universal Time (UTC).

If you signed up to BodyO Premium from the Apple App Store, termination is done from the App Store by following the instructions here.

If you signed up to BodyO Premium from Google Play, termination is done from Google Play by following the instructions here.

You may terminate your subscription to BodyO Premium at any time and your access to Premium features will then continue until the end of your billing cycle. Once you have made your cancellation, and received a confirmation, no further charges will be made.

 

Discount and Coupon Codes

If you have received a discount or coupon code to BodyO Premium, the following terms and conditions apply in addition to the terms and conditions of a specific discount or coupon code:

 

To redeem a discount or coupon code

Log in to BodyO.com, visit www.BodyO.com/premium, choose a plan, click UPGRADE and insert the coupon code in the purchasing process. All discounts and coupon codes can only be applied when subscribing to BodyO Premium and they can only be applied to accounts that are not already subscribing to BodyO Premium. Discounts and coupon codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discounts and coupons cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method is required to redeem a discount or coupon code. It is the user’s own responsibility to use a discount or coupon code before it expires, and expired discounts and coupon codes cannot be refunded or extended. It is also the user’s responsibility to terminate the subscription before the end of a free or discounted period if the user does not want to continue with a subscription at the regular price. The terms and conditions of a specific coupon may set out restrictions on the use of the coupon including but not limited to: the type of plan; duration of free or discounted subscription; coupon validity dates, and/or purchase quantities. BodyO reserves the right to cancel discounts and coupon promotions at any time.

 

Gift Codes

If you have received a gift code to BodyO Premium, the following terms and conditions apply in addition to the terms and conditions of a specific gift code:

 

To redeem a gift code

Log in to Bodyo.com, visit www.Bodyo.com/redeem, insert the gift code and click REDEEM. Gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. Gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. It is the user’s own responsibility to use a gift code before it expires and expired gift codes cannot be refunded or extended. At the end of the free subscription period, the user may receive a notice from BodyO about the expiration of the free period and suggestion to continue having access to Premium features by signing up for a paid subscription. The terms and conditions of a specific gift code may set out restrictions on the use of the gift code including but not limited to: the type of plan; duration of free or discounted subscription; gift code validity dates, and/or purchase quantities. BodyO reserves the right to cancel gift code promotions at any time.

 

Refunds

No refunds are made upon termination.

IT IS YOUR RESPONSIBILITY TO TERMINATE YOUR SUBSCRIBTION IN DUE TIME, SHOULD YOU NO LONGER WISH TO SUBSCRIBE. THIS APPLIES IRRESPECTIVE OF YOUR USE OF THE SERVICES.

 

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods; services; resources; content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints; claims; concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas; suggestions; proposals; plans, or other materials, whether online; by email; by postal mail or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful; offensive; threatening; libelous; defamatory; pornographic; obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright; trademark; privacy; personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address; pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy here.

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions; pricing; promotions; offers; product shipping charges; transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, and without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

 

SECTION 14 – DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability; merchantable quality; fitness for a particular purpose; durability; title, and non-infringement.

In no case shall BodyO and and our parent; subsidiaries; affiliates; partners; officers; directors; agents; contractors; licensors; service providers; subcontractors; suppliers; interns, and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, and without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless BodyO and our parent; subsidiaries; affiliates; partners; officers; directors; agents; contractors; licensors; service providers; subcontractors; suppliers; interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates as applied in the Emirate of Dubai under the jurisdiction of the Courts of the Dubai International Financial Centre.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time here.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@bodyo.com

 

PRIVACY POLICY

The purpose of the privacy policy is to inform you, as a user of BodyO, about what information we collect when you visit the service; how we use the information; whether the information is disclosed, and the ways in which we protect users’ privacy.

We want you to feel secure when using the website and associated services. We are committed to respecting your privacy. Below, we give an overview of how we do that.

BY USING THE SITE AND SERVICES, YOU AGREE TO THE PRIVACY POLICY AND ALL REVISIONS THEREOF. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR SERVICES.

 

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

In order for us to provide you the Service, we ask for your personal information when you sign up. Such personal information may include your name; email address; postal code; date of birth; gender; sports interests; height; weight, and profile picture, etc. (Collectively “Personal Information” or “User Data”). If you choose to sign up via an external sign-up feature made available by BodyO, some of the listed personal information will be transferred to BodyO from your designated sign-up account. If you subscribe to additional Services subject to charges, BodyO will also require credit card or PayPal information from you.

When you use the Service, additional personal information may automatically or voluntarily be collected from you. Such personal information may include information on your athletic or recreational activities such as location information (GPS-data) and other exercise and performance information, e.g. time; speed; time spent on your activity; cadence, and heart rate, etc. Some information is dependent on your devices and may require additional hardware. Further personal information related to you may be collected from User Generated Content either generated by you or by other Users.

We encourage you to at all times keep your personal information updated.

If you provide us with personal information of a third party, for instance if you invite your friends to join you on the BodyO community, we will only use such third party data for the specific purpose (delivering the invitation). We will not contact the third party further unless the third party contacts us.

 

Sharing Personal Information and User Generated Content

You consent to sharing to the BodyO Community.You agree and acknowledge that we may disclose to and make publicly available on the Site or via the Services your User Generated Content, including the personal information related thereto. However, personal information such as your weight; e-mail; password to the Site; phone number, and any payment information will by default not be disclosed or made publicly available by BodyO. Any posting and/or auto-posting of your activities and other User Generated Content to connected partners (e.g. Facebook, Twitter etc.) requires your active consent.

 

Changing your account settings

By default, your privacy settings are set as specified in the illustration below. Please note that the default settings for all users include public real-time tracking of workouts. By using the Services without changing these default settings, you explicitly consent to this sharing, and use of the Services is, as always, at your own risk.

Default Privacy Settings:

User

Birthday: Public

Weight: Only Me

Height: Public

Heart Rate: Only Me

Social

Comments: Public

Communication: Friends

Playlist: Public

Status Message: Public

Tagged Friends: Public

Pictures: Public

Profile

Profile visibility: Public

Workout

Duration and Speed: Public

Notes: Public

Training Plan: Public

Fitness Level: Public

Personal Bests: Public

Statistics: Public

 

Who can see your future workouts?

You can always change the privacy setting of a specific workout by clicking the Privacy button on the Workout page.

Future workouts are visible to: Public

I prefer a special setting for “Cycling, transportation” and “Walking”. These workouts should be visible to: Public

I prefer to control who can see the map for my workouts. This should be visible to: Public

You can choose to apply the chosen settings to all historic workouts as well.

You can change your disclosure settings by changing the account privacy settings on the Site and partly via the Software. Additionally, you can modify or delete your personal information or close your account via your account settings. However, you understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g. Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated. Also, the removed User Generated Content may persist in backup copies for up to three months (but will not be available to others).

Account deletion shall not limit BodyO’s right to store information if required by law, for administrative purposes, court order or similar.

 

Transfer of personal information is subject to your consent

We will only, with your consent, disclose and share your identifiable personal information with business partners, third parties or other individuals outside of the BodyO community.

However, we may need to transfer your personal information to our service providers in order to perform the Services to you and conduct our business; for example, the handling of credit card processing; shipping; data management; email distribution; market research; information analysis, and promotions management, etc.

The transfer will be secure and the data recipient shall accrue no proprietary rights to your personal information outside the purpose of the transfer.

You can choose to connect and share your information with HealthKit. We do not gather information from HealthKit for marketing and/or advertising. Furthermore, disclosure of your information may occur when it is required to comply with law, court order or similar.

 

Transfer of de-identifiable personal information

We may share aggregated or in other ways de-identifiable personal information publicly and with our business partners, e.g. advertisers, universities, media or connected sites. By using the Service without being a Premium subscriber, you explicitly consent to the sharing of de-identifiable personal information like age, gender, sports and precise location data with our advertising partners, including but not necessarily limited to Google.

We do not leverage de-identified data from HealthKit for marketing and/or advertising.

 

Business Transfer

Your personal information may be transferred if BodyO is involved in a merger, acquisition or asset sale in whole or in part. However, besides the actual transfer of ownership, we will continue to ensure the confidentiality of any personal information. In case the aforementioned transactions occurs, we will provide notice to the affected users.

 

Newsletter

We encourage you to be on our e-mailing list in order to receive electronic information, news and updates on our services. We will only send you emails about product and feature updates, company news, featured challenges, other BodyO news and/or offers from selected business partners, if you have accepted to receive such. To later unsubscribe and stop receiving such communication, please change your settings (go to Settings and then Account) or follow the instructions in the email. Should you wish to unsubscribe, you can either unsubscribe specific types of email newsletters or unsubscribe all email newsletters.

Please note that irrespective of your settings, BodyO is entitled to send notifications to you pertaining to the performance of the Services, e.g. revisions of Terms or other formal communication.

 

Email and Mobile Notifications

Email and mobile notifications contain information about activity related to your personal profile on BodyO, e.g. when someone wants to be friends with you on BodyO.

You can unsubscribe from some or all email or mobile notifications at any time at BodyO.com. Log in to your account and go to Settings and Notifications to change your notification settings.

 

BodyO Corporate

BodyO Corporate is BodyO’s solution for companies that want to use the Services to get their employees to lead more active lives. By accepting to join an Employee Fitness page, challenge, campaign and/or paid Premium subscription, you explicitly consent that the company will be able to see some of your personal information, as well as a summary of your workout activities by day, even if your privacy setting is set to Private.

 

Children

Subject to BodyO’s Age Restrictions for use of the Services in the Terms, we encourage parents and legal guardians to participate in and advise their children on their use of online activities. We encourage children to get their parents and/or guardian’s permission before disclosing any information to an online media.

 

SECTION 2 User Interaction Disclaimer

You are solely responsible for your interactions with other Users and Professionals, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition, etc. BodyO assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users or Professionals of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. BodyO is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If BodyO chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.

BodyO does not monitor or prescreen User Generated Content prior to posting. BodyO does not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services.

BodyO reserves all rights to edit, remove or refuse to post any User Data, User Generated Content or terminate your account for any reason.

You acknowledge, consent and agree that BodyO may access, preserve and disclose your User Data and your other User Generated Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of BodyO, our Users and the public.

 

SECTION 3 – CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.

 

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you and/or for the continued collection, use or disclosure of your information at any time by contacting us at legal@bodyo.com

 

SECTION 4 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

SECTION 5 – PAYMENT

If you choose a direct payment gateway to complete your purchase, then BodyO stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

SECTION 6 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

Links

When you click on links on our solution, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

SECTION 7 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

 

SECTION 8 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

SECTION 9 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell products to you.

 

QUESTIONS AND CONTACT INFORMATION:

If you would like to access, correct, amend or delete any personal information we have about you; register a complaint, or simply want more information, contact our Privacy Compliance Officer at legal@bodyo.com

 

RETURNS

Our policy lasts 30 days. If 30 days have passed since your purchase, unfortunately, we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused, in the same condition that you received it and must also be in its original packaging.

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted (if applicable):

* Book with obvious signs of use

* CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.

* Any item that is not in its original condition, damaged or missing parts for reasons not due to our error.

* Any item that is returned more than 30 days after delivery.

 

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

Late or Missing Refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again. There is often some processing time before a refund is posted.

Then contact your credit card company. It may take some time before your refund is officially posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at pcoutard@me.com.

 

Sale Items (if applicable)

Only regular priced items may be refunded. Unfortunately, sale items cannot be refunded.

 

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@bodyo.com and send your item to: BodyO Dubai, DU, 78135, United Arab Emirates.

 

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item was not marked as a gift when purchased or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he/she will find out about your return.

 

Shipping

To return your product, you should mail your product to: BodyO, Dubai, 78135, United Arab Emirates.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are shipping an item over US$75, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.

 

Privacy Policy

You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray BodyO, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

You agree not to use the Services to post or transmit any material, which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.

 

Third-Party Service Providers and Advertisers

BodyO may choose at any time to have its business partners’ and other third parties’ products, services, advertisements and other offers made available via the Services. Any such offerings made available to you, even if co-branded with BodyO, are made and offered directly by the applicable third-party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered, you are contracting directly with the applicable business partner or third-party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third-party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party service provider or advertiser. BodyO shall not be responsible or liable for the performance or non-performance of any third-party service provider or advertiser and any loss or damages of any kind resulting thereof.

 

Links

BodyO, Users in User Generated Content, third-party service providers and advertisers may provide links to other Internet sites and/or other resources. Since BodyO has no control over such sites and resources, you acknowledge and agree that BodyO shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from such sites or resources. When we do link to a third-party website, this does not automatically imply that BodyO endorses that website, its contents or products. Please note that these third-party websites may have their own privacy policy.

 

Termination

BodyO reserves the right to change, discontinue and/or terminate any and all Services at any time without notice.

BodyO may at any time, at its own discretion, for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. BodyO also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services.

You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g. Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.

 

Severability and Perseverance

Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Any provisions of the Terms, which by their nature shall survive any termination of use of the Services, irrespective of the cause, including but not restricted to Privacy Policy; Disclaimer of Warranties and Liability; Intellectual Property Rights; Miscellaneous, and Severability and Perseverance, Miscellaneous and Applicable law shall survive any termination.

 

Miscellaneous

BodyO only may assign its rights and obligations under these Terms to any party, at any time, without notice to you.

BodyO may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms.

The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and BodyO.

BodyO is entitled to revise these Terms at any time. BodyO will inform you hereof by mail, on the Site, via the Services and/or by other means deemed appropriate and adequate by BodyO.

BodyO’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.

 

Applicable Law

Services are rendered to you under and in accordance with UAE law. Any dispute between you and BodyO is governed in all respects by UAE law, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods (CISG).

You agree that any notice, agreement or other disclosed communication that BodyO sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Contact and Notices

All notifications, questions and comments to BodyO relating to these Terms can be submitted via e-mail to legal@bodyo.com