This user agreement incorporates the terms
and conditions which you agree to each and every time you
use the website
www.bodyworkxpress.com
DEFINITIONS
“user” or “you” means anyone using and/or visiting
www.bodyworkxpress.com for any purpose.
(add to all sites!)
“we” or “us” means Bodywork Xpress whose registered
office address is available on request.
“Website” means the website and all contents at
www.bodyworkxpress.com (add to all sites)
“Post onto the website” means taking part in any
forum or any submission, in any format, of any data which
subsequently appears and can be viewed on the website.
“Associate” means any person or organisation with
whom we are associated. This will include advertisers whose
websites we appear on and any person or organisation who has
a link to our website approved by us.
1. ABIDE BY TERMS
(1) By using our organisation, the website and any services
you confirm that you are aged 18 or over and that you have
read, understood and agree to be bound by this user
agreement incorporating our terms and conditions. Where you
are using the website or entering into an agreement on
behalf of an organisation you confirm that you have the
legal right to do so.
(2) Where the registration for use of the website is on
behalf of an organisation and other persons (for example
employees) use the website, the organisation specifically
confirms that it takes full responsibility for that use and
that the organisation, as well as the individuals, will be
deemed to be the users for the purposes of these Terms and
any subsequent action.
2. WEB SITE USE
(1) Full use of this website and contents of the site are
only for registered users who are logged on. If you are not
registered you can view some of the website but not fully
participate or post on the website.
(2) Since the experiences, opinions, statements,
recommendations, ratings, and information on the site are
those of the users, we take no responsibility for checking
or verifying such opinions, statements, recommendations or
information.
(3) Any experiences, opinion, statement,
recommendation, rating, any links to any websites or
information or anything whatsoever will not form a guarantee
or warranty and you agree we have no liability in this
regard.
(4) When you click on any links you will be forwarded to
websites relating to other third parties. We have no control
or responsibility over the third parties or any such
websites. You are aware that you will enter into a separate
agreement which has nothing to do with us and you must make
yourself aware of the terms of such agreement. You
specifically confirm that we can not be held liable in this
regard.
(5) To the extent that the law allows, all implied
warranties, conditions or other terms (whether implied by
statute or otherwise) including without limitation any terms
as to skill and care or performance are included, if
provided by us and not by a third party.
3. SUPPLY OF WEBSITE
(1) Whilst we will use our reasonable endeavors to supply
the website by ensuring it is available on the internet, we
shall not be responsible for any failure to provide the
website or any services or any unavailability. The website
is available on an “as is” and “when available” basis.
(2) We cannot guarantee that the services will be
uninterrupted, secure or error-free. Particularly, there are
inherent problems in the use of the internet that we will
not be responsible for, nor for any browser crashes which
may result in data loss whilst using our services.
(3) In addition we make no warranty against electronic
virus, worms or any other defect or problems which may occur
in respect of any viewing or use of the website. We will not
be responsible for any loss or damage whatsoever caused
resulting from a failure to provide or where a virus or
defect occurs as a result of any e-mail or document we send
you.
(3) We reserve the right to suspend the services where
necessary and particularly, but not exclusively, for repair,
maintenance or improvement.
4. EXPERIENCES, OPINIONS ETC
(1) All users specifically agree not to abuse this system
and that they are both expressly and solely liable for
anything which they post onto the website.
(2) All users agree that anything they post onto the
website, in any form will be honest, accurate, not
misleading and does not amount to any misrepresentation,
does not breach any copyright, intellectual property or the
rights of any third party (including disclosing personal
and/or confidential information), whatsoever in nature, is
not defamatory, libelous, discriminatory (in any form), is
not purely self-promotion, is not abusive, offensive or
obscene in language and/or content, does not otherwise
harass or invade the privacy of any individual or
organisation, does not contain any restricted or
‘password-only access’ page, or hidden pages or images
(those not linked to or from another accessible page), does
not engage in commercial activities and/or sales (unless you
have our specific and express written consent), does not
promote or instruct as to any conduct as described above or
which promotes any breach of this user agreement or any law
and is not in any way illegal or contrary to any law. we
inappropriate of it. For reasons of verification we expressly
prohibit and exclude all comments made by Users on our
competitors.
(3) We do not tolerate unsolicited commercial
communications, any junk mail, chain letters, unsolicited
mail such as Spam or other such similar conduct and you
confirm that you will not engage in any such activity. URLs
are allowed providing the link is relevant, useful and
necessary.
(4) All users agree that they will not take any action nor
fail to take action, as appropriate, that will in any way
undermine the system of sharing of opinions, statements,
recommendations, and any information.
(5) All users specifically agree that we have no liability
with respect to this and furthermore you will indemnify us
for any loss.
5. RESPONSIBILITY AND MISUSE
(1) In addition to all the other clauses contained herein,
you agree that you will solely be responsible for your use
of any services provided to you and that you will use the
service legally and only for the purposes that it is
intended to be used. This includes responsibility for the
security of your user name and password.
(2) Furthermore you agree that you will not misuse the
services in any way, and specifically, although not
exclusively you:
(a) will not use any virus, worm, Trojan horse, time bomb or
any such code that could destroy and/or contaminate.
(b) will abide by any laws applicable to this agreement or
the operation of it. In particular we refer to the use of;
material or content we deem to be harmful, illegal or
offensive; any infringement of intellectual rights and
copyright; using the services for illegal purposes such as
fraud or in any other crime. However all and any misuse is
included.
(3) You confirm that you will not interfere or attempt to
interfere with the proper working of the website nor any
activities conducted on it.
(4) You also specifically confirm that you will
(a) Notify us immediately of any unauthorised use including
any unauthorised use of your registration/account with the
website or any other known or suspected breach of security.
(b) Immediately report to us but also to use reasonable
efforts to immediately stop any misuse that is known or
suspected by you
6. COPYRIGHT
(1) The website and all the basic content (including text,
images, marks and logos) with the exception of experiences,
opinions, statements, recommendations, ratings, and
information posted on the site by individual users and
advertisements is subject to copyright which belongs to us.
This means that users have a license to simply use the site
but this does not convey to you any rights of ownership nor
any rights to use or display the copyrighted information in
any way. Likewise, there is no partnership, joint venture,
agency, employment or any other form of relationship between
any website user or advertiser and us.
(2) Specifically, all users agree that without our express
agreement in writing specifically
for that user, they will not breach any copyright in so far
as information, text, images, content, materials, and
anything whatsoever supplied to you or available from us.
This specifically means you will not copy, reproduce,
modify, assign, make derivative works, distribute or in any
way publicly display, create Internet "links" to the Service
or "frame" or "mirror" any Content on any other server or
wireless or Internet-based device, reverse engineer, or
access the services in any way to build a product using
similar ideas, function, or which is in any way similar to
ours.
(3) However, if we have specifically agreed, in writing,
that you may use any documents, for example, forms to
complete, you agree to use them only for the purposes we
have specifically agreed and that you will not construe this
as enabling you in any way to breach clause 7(2) above.
7. LIABILITY DISCLAIMER
(1) To the extent that the law allows we will not be held
responsible for any direct or indirect loss, incidental or
consequential damage, or loss (economic or otherwise), any
punitive or exemplary damages, any loss of reputation or
goodwill or business opportunities or contact, however it
arises, including out of negligence relating to or in any
way connected to any installation, use (unauthorised or
otherwise), errors, mistakes, accident, theft or fraud,
destruction, or any part of the provision of the website or
this user agreement.


