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Today: 19 Jul 2008

Terms and Conditions

BY USING THIS SERVICE YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. USE OF THE Gymbods WEBSITE IS GOVERNED BY THESE TERMS AND IT IS ESSENTIAL THAT YOU READ, UNDERSTAND AND ACCEPT THEM. YOU SHOULD PRINT AND KEEP SAFE A COPY OF THESE TERMS AND CONDITIONS.

1 Definitions
1.1 The following words shall have the meanings given to them below:

"Data" means any personal information supplied by You.
"Gymbods" means Gymbods Limited registered in England with number 04583935.
"Gymbods Programmes" means programmes prepared by Gymbods for You as advertised on the Site.
“Members Area” means the area on the Site that is exclusively for Gymbods members that supports the Gymbods Programmes.
"Registration Form" means the questionnaire for the Gymbods Programmes to be completed on the Site.
"Service" means the Site, the Gymbods Programmes and the Members Area.
"Site" means the fitness and nutrition website with the URL http://www.gymbods.com and its related websites.
"You" means the user Gymbods makes the Agreement with and "Your" shall be construed accordingly.

2 Registration for Gymbods Programmes
2.1 In order to register for the Gymbods Programmes You must complete the Induction or pay the applicable fee as appears on the Site through one of the acceptable payment methods as specified on the Site and must complete the Induction.
2.2 You may only follow one Gymbods Programme at any one time and You agree that by ordering a new Gymbods Programme You are cancelling Your current Gymbods Programme.
2.3 You confirm that all the details supplied by You are accurate and complete and You agree to promptly notify Gymbods in writing of any changes to Your details.
2.4 Gymbods will endeavour to deliver the Gymbods Programmes to You within twenty-one (21) days of request.
2.5 You must be a minimum age of 11 years or above to register or join for Gymbods memberships.

3 Acceptance Of Terms
3.1 By using this service You agree to these terms and conditions.
3.2 Gymbods reserves the right to change these terms and conditions at any time by posting changes online. Such changes shall become effective on posting. You are responsible for reviewing regularly information posted on this Site to obtain timely notice of such changes. Your continued use of the Service after changes are posted constitutes Your acceptance of such changes.

4 Acceptable Use
4.1 You agree not to copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material You have access to in connection with the Service except as is strictly necessary for Your own personal non-commercial home use.
4.2 You will not do anything that affects the operability or security of the Site or causes unreasonable inconvenience or offence or disruption to Gymbods or other Subscribers.

5 Members Area
5.1 Once You have registered and paid the fee for membership, Gymbods shall allow You unlimited access to the Members Area for Your paid duration.

6 Intellectual Property Rights
6.1 The photographs, text, graphics, logos, trade names and other material contained in the Service are owned by or licensed to Gymbods, and are protected by copyright, or other intellectual property or related or neighbouring rights.
6.2 You assign to Gymbods all copyright and other intellectual property or related or neighbouring rights in any material You post on the Site.
6.3 You may not copy, store in any medium (including in any other website), modify, distribute, transmit, re-transmit, broadcast, or show in public any part of the Site without the prior permission of Gymbods other than downloading or viewing it on a single screen and/or printing a single hard copy for private or internal use only. All other rights are reserved.
6.4 Framing of the Site is prohibited. All links to the Site can go to any pages within the Non-Members Area. You agree not to link directly to any other pages on the Site.

7 Gymbods' Liability And Disclaimer
7.1 Subject to Clause 7.3 to the fullest extent permitted by law Gymbods disclaims all warranties and conditions with regard to the Service and limits its liability under these terms and conditions to the fees paid by You in accordance with Clause 2.1. This clause does not affect Your statutory rights in respect of the Services as to satisfactory quality, fitness for purpose and accurate description. For further information You should contact a Trading Standards office or a Citizens Advice Bureau.
7.2 Subject to Clause 7.3 Gymbods shall not be liable for any indirect, punitive, special, incidental or consequential damages including, without limitation, damages for loss of use or profits arising out of or in any way connected with the use or performance of the Service obtained through the Site, except where they are reasonably foreseeable by the parties.
7.3 Gymbods will compensate You for any loss or damage You may suffer if it fails to carry out its obligations under these terms and conditions to a reasonable standard or breach of any duties imposed on it by law (including if it causes death or personal injury to You by its negligence) unless that failure is attributable in whole or in part to: (i) Your own fault; (ii) a third party unconnected with Gymbods provision of the Service under these terms and conditions; or (iii) events which neither Gymbods nor its suppliers could have foreseen or forestalled even if they had taken all reasonable care.
7.4 Gymbods gives no warranties that material contained in the Site, or any of the functions contained in the Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
7.5 Gymbods may withdraw or suspend the Service or any part of it without notice at any time.
7.6 You will indemnify Gymbods against any reasonable loss, damage or expense incurred by Gymbods arising out of Your misuse of the Service.
7.7 You acknowledge that the success of the Gymbods Programmes will depend on a variety of factors, including Your input and will vary from individual to individual.
7.8 YOU ARE STRONGLY ADVISED TO SEEK MEDICAL ADVICE BEFORE COMMENCING A FITNESS PROGRAMME AND Gymbods CANNOT ACCEPT ANY LIABILITY IF YOU FAIL TO DO SO.
7.9 If You are PREGNANT or THINK YOU MAY BE PREGNANT, You should seek guidance from Your GP before commencing any of the Gymbods Programmes and Gymbods CANNOT ACCEPT ANY LIABILITY IF YOU FAIL TO DO SO.
7.10 The information displayed on the Gymbods website is intended for educational purposes and is not intended nor is implied to be a substitute for professional advice. Gymbods strongly recommend that users of the Site seek medical advice and consider their medical history before embarking on any exercise programme. By agreeing to use this Service You agree that Gymbods shall not be liable to You or anyone else for any loss or injury caused in whole or in part by failure to follow the information provided correctly.

8 Privacy Statement - Data Protection Act
8.1 When You place an order for Gymbods Programmes, You will be asked to provide the Data. Gymbods shall comply with all applicable UK data protection legislation from time to time in place in respect of the Data.
8.2 Gymbods will store the Data and use it to process Your transaction, to provide the Service (including any orders for Gymbods Programmes), and (unless You notify Gymbods), to provide You with details of new Services offered by Gymbods and for the normal use and improvement of the Service.
8.3 Gymbods may use cookies only to store Data to enable Gymbods to identify whether You are registered on the Service and to shortcut Your access to the Service. Gymbods will only read cookies from Your cookie file placed there through Your web browser's interaction with the Site.
8.4 The Site may include links to other sites and Gymbods are not responsible for their data policies or procedures or their content.
8.5 Gymbods will not sell, trade or rent Your Data to others. Should Gymbods wish to do so in the future, Gymbods shall notify You in advance giving You the opportunity to inform Gymbods that You do not wish Your Data to be used for this purpose.
8.6 Gymbods takes security seriously and takes all reasonable steps to protect Your Data but Gymbods cannot guarantee the security of any Data You disclose online. Gymbods’ entire liability to You (including for negligence) regarding any security breach will be to endeavour to prevent continuance or repetition once the problem is drawn to Gymbods’ attention.
8.7 Gymbods will not keep Your Data for longer than is necessary and will take steps to ensure that it is kept up to date. You have a right under the Data Protection Act 1998 to ask us what information Gymbods holds about You.

9 Refund Policy
9.1 Gymbods strives to satisfy their members in every way possible.  However, if You are not entirely satisfied with Your membership then a full refund can be claimed within 1 working day after the day that membership is taken out.  Once Gymbods have received notification from You that You wish to cancel Your membership Your credit/debit card will be refunded to the value paid out for Your membership.  No refund is available after the expiry of 1 working day.

10 Termination
10.1 Gymbods may terminate any contract between Gymbods and You without notice. You may terminate any contract between You and Gymbods on 30 days' notice to Gymbods.
10.2 Termination of any contract between Gymbods and You for whatever reason is without prejudice to any other rights or remedies that the parties may have at law or under these terms and conditions.
10.3 Termination shall not affect any rights or obligations of the parties which at the time of termination had already accrued.

11 General
11.1 Gymbods will endeavour to respond to all complaints within five (5) working days.
11.2 These terms and conditions are governed by any relevant UK law and You and Gymbods submit to the non-exclusive jurisdiction of the English courts.
11.3 Gymbods Limited registered number 04583935 England.

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