Terms & Conditions of Use – bodytransformation365.com

Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms of use and otherwise contained on the site (collectively "Terms of Service").

Your use of, and/or access to, this site constitutes your agreement to the Terms of Use. bodytransformation365.com reserves the right to amend the Terms of Use by posting the revised terms at any time without notice to you. bodytransformation365.com recommends that you read the Terms of Use carefully and refer back to them periodically.

Table of Contents:

  1. Privacy Policy
  2. Intellectual Property Rights
  3. Specific Terms Relating to Content
  4. Communication Facilities
  5. User License to bodytransformation365.com
  6. Advertising Links to Other Websites and Offers
  7. Purchasing through bodytransformaiton365.com
  8. Disclaimer and Limitation of Liability
  9. Termination
  10. Miscellaneous

bodytransformation365.com - Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy. In general bodytransformation365.com  will not share any of your user information with external parties, although other Community Members through the forum profile tool can see some of your private details.

Intellectual Property Rights:

All information, text, material, graphics, software and advertisements appearing on this site from time to time ("Content") are Copyright © to bodytransformation365 or Gert Marthinus Britz unless this site expressly indicates to the contrary. As such, South African and international copyright and trademark laws protect the content.

The content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way unless expressly authorized by this site or unless the written permission of bodytransformation365.com has first been obtained.

On the express condition that users keep all content intact and in the same form as originally presented on this site (including without limitation all copyright, trademark and other proprietary notices and all advertisements) and otherwise abide by the Terms of Use, users may:

  1. Use a Netscape, Microsoft or Mozilla-based web browser, to download and view the content for their own personal use, or
  2. If an Internet service and/or access provider, supply the content to subscribers.

Users must not use this Site in any manner or for any purpose, which is unlawful or in any manner, which violates any right of bodytransformation365.com or which, is otherwise prohibited by the Terms of Use.

Specific Terms of Use of Content:

This site contains information in the form of general small business information, general personal health information, general fitness information, general weight loss information, and general body building information. This site may include various health and fitness calculators. All material is provided as an information service only and should not be relied upon as a substitute for health or other professional advice. Neither bodytransformation365.com, its proprietors nor its associates accept any responsibility for the accuracy of any information contained in this site or its applicability in the specific circumstances of any user or member.

Bodytransformation365.com does not give any specific or tailored fitness, health, medical, weight loss or body building advice or conduct a business either as a representative or agent of any other person or on its own account.

None of the information on this site takes into account the medical, fitness or health status of any particular person. Each user or member must therefore assess whether it is appropriate, in the light of his/her individual circumstances, to act upon the relevant information.

Where applicable, health & fitness calculators provide illustrative calculations based on stated assumptions only. The information resulting from the calculations should not be relied upon as a complete representation or other professional advice. This site will provide contact details of relevant third party organizations for further information where applicable.

Bodytransformation365.com receives no commission or other financial benefit from the publication of the information on this site (save and except for affiliate or referral fees, membership fees and advertising charges) and is in no way interested in any other transaction entered into as a result of the publication of such information.

All advertising and referral buttons containing hyperlinks to third parties are paid for by the relevant third-party advertiser and are not recommendations or endorsements by bodytransformation365.com or their respective directors, trustees, affiliates or employees. Users and Members are referred to the relevant advertiser for all relevant information including complete information on that entity's licensing status and license number where applicable.

Communication Facilities:

This site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities, which provide for feedback by users and members to bodytransformation365.com, real-time interaction between users and members and other electronic messaging and notice services ("Communication Facilities").

It is a condition of use by users and members of any Communication Facility and access to this site that users and members do not do any of the following:

  1. Restrict or inhibit any other user or member from using or accessing any part of this site;
  2. Post or transmit any unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law nationally and internationally;
  3. Post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or publicity or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. Knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of comor any of its users or members;
  5. Post or transmit any information or material that advertises or promotes another business or website without the prior written consent of com;
  6. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  7. Download any information, material or file posted by any other user or member of this site if the user or member knows, or reasonably ought to know, that the file cannot legally be distributed in such manner or has been posted on this site in breach of the Terms of Use.

Bodytransformation365.com reserves the right to time monitor or review the contents of its Communication Facilities. Bodytransformation365.com reserves the right to remove in whole or in part any information, material or file that has been posted in contravention of the Terms of Use, any applicable law or is considered by bodytransformation365.com to be offensive or irrelevant for any reason. However, bodytransformation365.com shall not be responsible to ensure that users or members do not post information, material or file that is offensive contravenes any applicable law or right or is misleading or deceptive.

Users and members expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. Bodytransformation365.com will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files, which violate any applicable or relevant law.

User License to bodytransformation365.com:

A user or member who places any information or other material on this site (including by posting messages, uploading files, inputting data or engaging in any other form of communication), grants to bodytransformation365.com a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide license to use, copy, sub license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.

This license includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of bodytransformation365.com all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. If bodytransformation365.com so requests, the user or member agrees to sign such documents as bodytransformation365.com may request from time to time to perfect or otherwise confirm the terms of this license agreement.

The license also confers upon bodytransformation365.com the right to sub license to any third party any of the rights hereby conferred on bodytransformation365.com.

Purchasing through bodytransformation365.com:

Any items purchased from bodytransformation365.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Should any item shipped by bodytransformation365.com be returned, having not reached its intended destination due to an incomplete or erroneous address or other postage problem, bodytransformation365.com reserves the right to contact the Customer / User to confirm their shipping details, and charge the Customer / User an appropriate amount for postage and handling in order to recoup both the time and physical cost of sending an item multiple times. Upon receipt of this additional postage and handling fee, the item will be re-shipped to the Customer / User's nominated address.

Where discounts are applicable (through the use of discount codes and special offers), discounts are available only at the time of purchasing. It is not bodytransformation365.com policy to refund discounted amounts after a purchase has been made. Bodytransformation365.com reserves the right to make judgment on an appropriate course of action should there be an error in processing the discount (particularly if this error is made by the User). In these instances, bodytransformation365.com may choose to credit the difference between the discounted price and amount paid for an item to a future purchase to be made by the User, or any other course of action bodytransformation365.com believes appropriate.

Advertising, Links to Other Websites and Offers:

This Site contains hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by bodytransformation365.com, and bodytransformation365.com is unable to control the contents of any such linked website. Hence, bodytransformation365.com does not accept any responsibility for the contents nor does it specifically endorse those contents. Users and members link to any such website and use or rely on such website entirely at their own risk.

Bodytransformation365.com may from time to time accept banner and other forms of advertisement on this site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by bodytransformation365.com of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website.

Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser's website and executing the relevant transaction. Such offers are not made solely by the advertiser or by bodytransformation365.com. Further, the advertiser is solely responsible for fulfilling any representation or offer made.

Disclaimer and Limitation of Liability:

The South African Trade Act and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this site which cannot be excluded, restricted or modified ("Statutory Rights"). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.

Subject to the Statutory Rights:

  1. All Content is provided "as is" and without warranties of any kind, either expressly or implied,
  2. comexpressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,
  3. comdoes not warrant that the functions contained in any Content or any Communications Facility or user or member access to this site will be uninterrupted or error-free, that any defects will be corrected or that this site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
  4. comdoes not warrant or make any representation regarding user or member access to, or the results of user or member access to, this site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
  5. Users and members (and not com) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of bodytransformation365.com) will bodytransformation365.com or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this site or any Content.

Users and members expressly acknowledge and agree that bodytransformation365.com does not exert control over other users and members of the site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, bodytransformation365.com's liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of bodytransformation365.com to:

  1. The supply of the services again, or
  2. The payment of the cost of having services supplied again.

Termination:

The Terms of Use are effective until terminated or amended by bodytransformation365.com. Bodytransformation365.com may terminate this agreement and user and member access to this site at any time without notice. In the event of termination, all restrictions imposed on users and members, licenses granted by users and members and all bodytransformation365.com disclaimers and limitations of liability set out in the Terms of Use will survive. In the case of members, bodytransformation365.com's liability will be limited to a refund of any unused portion of any subscription fee paid.

Miscellaneous:

This agreement will be governed by and construed in accordance with the laws of Cape Town, South Africa. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Cape Town, South Africa. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

All rights not expressly granted herein are reserved.

Contacting us:

If you have any questions about this Terms & Conditions of Use, the practices of this site, or your dealings with this site, please contact us.

This document was last updated on March 15, 2016.

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