December 2021
Boditrax Technology Limited (we), provide online and mobile services, including the Boditrax website "www.boditrax.com" (or the "Site"), widgets, computer programs and mobile applications hosted by or on behalf of Boditrax (collectively, the "Boditrax Services"). Intended to enhance a facility's use of the Boditrax body composition products offered by Boditrax (the "Boditrax Products"). This is a legal agreement between you and Boditrax and will be used to govern the use by you of the Boditrax service.
Once you have confirmed your acceptance of and adherence to be bound by these Terms of Use (the "Terms of Use"), Boditrax will grant you a limited, non-exclusive license to utilise the Boditrax Services as set out herein. The terms "you" and "user" shall refer to all individuals and entities that have access to the Boditrax Services.
Through your actions in registering for and/or using the Boditrax Services, you confirm your agreement to these Terms of Use and our Privacy Policy (see "Privacy Policy") and consent to allow Boditrax to communicate with you electronically in connection with the Boditrax Service.
The Boditrax Services are made available to persons aged thirteen years or over in accordance with UK data protection legislation. It may be that in your country, it is not permitted for us to store the data of users under sixteen. If you are under the age at which we may process your data without parental consent under the law in your country, then we cannot make the boditrax service available to you.
If you create an account, but we later find that we are not legally allowed to store your data under the terms of the Data Protection legislation as enacted in your country, then we will delete the account immediately without notifying you of the deletion.
If you are under the age of eighteen, please be aware that the service will not return a complete set of results, and the accuracy of the results may suffer as the system is optimised for use by adults.
Full use of the Boditrax Services requires compatible access to the Boditrax Composition Analyser, Internet access, and certain software. The Boditrax Services is not a guaranteed part of any third-party product or service offering, and no purchase or obtaining of any third-party product or service shall be construed to represent or guarantee you access to the Boditrax Services at any time.
Please review the section marked "Precautions" for guidance on precautions related to your use of Boditrax Products and of the Boditrax Services.
As a Boditrax profile holder you will be responsible for maintaining the confidentiality of your login information and password. You will also be responsible for all uses of your login information, whether it was authorised by you or not. However, you agree to notify us immediately of any suspected unauthorised use of your login information or password.
Boditrax cannot and does not accept any responsibility or liability for any information submitted by someone who has fraudulently accessed your Boditrax account or for any third party's fraudulent use or misuse of information submitted by you.
The Boditrax Service is subject to the Boditrax Privacy Policy.
This can be viewed at: www.boditrax.com/privacy
Content found on www.boditrax.com or through the Boditrax Service is for informational purposes only and is not intended to replace the relationship between you and your doctor or any other medical practitioner.
Boditrax is not a care provider and does not offer expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You should always consult a doctor before starting any fitness program, changing your diet, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking advice because of something you have read on, or through the Boditrax Services.
You should consult with your doctor before participating in any event or activity promoted on or through the Boditrax Services.
Boditrax is not responsible for any health problems that may result from training programs, products, or events you learn about through the Boditrax Services. If you engage in any exercise program you receive or learn about through the Boditrax Services, you agree that you do so at your own risk and are voluntarily participating in these activities.
If you are registering on behalf of an organisation, group or company, the act of doing so is considered to confirm your authority to do so and bind the organisation, group or company by your actions.
With the exception of any content that is generated by a service user, or personal information that is provided by the service user, the Boditrax Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Boditrax Technologies Limited.
You acknowledge that the Boditrax Services and any underlying technology used in connection with the Boditrax Services contain Boditrax intellectual property and proprietary information.
You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Boditrax Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use unless by prior arrangement with Boditrax Technologies Limited.
All rights in the Boditrax Services not expressly granted to you by Boditrax are retained by Boditrax Technologies Limited.
If you violate any of these Terms of Use, your permission to use the Boditrax Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Boditrax Services.
The Boditrax Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites.
Inclusion of links to third party websites on our Boditrax Services does not imply approval or endorsement of the linked website by us. If you decide to leave our Boditrax Services and access these pages you do so at your own risk and at your own discretion.
The Boditrax website is provided by Boditrax Technologies Limited.
Boditrax nor its partners, suppliers, or affiliates may make any representations or warranties of any kind, express or implied, as to the operation of the Boditrax website, its contents, or any information made available by or through the website.
Furthermore, Boditrax and its partners disclaim all warranties with respect to the website, express or implied, including (but not limited to) the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement.
Furthermore, Boditrax does not warrant that the use of the website will be uninterrupted, available at any time or from any particular location, secure or error-free, that any defects will be corrected, or that the website is free of viruses or other potentially harmful components.
Under no circumstances will Boditrax be liable for direct, indirect, incidental, punitive or consequential damages (including but not limited to, those relating from loss of profit, data or interruption to business) arising out of the use, inability to use correctly or the as a result of use of the Boditrax service, website, irrespective of whether any damages are based on warranty, contract, tort or legal theory and regardless of whether Boditrax has been informed of the possibility of any damages claim that may be arising.
The aggregate total liability of Boditrax Technologies Limited arising for or in respect of the website (regardless of the form of any action or claim) is limited to £100.00.
Any partner, affiliate or provider of Boditrax Technologies Limited has no liability howsoever arising from the boditrax.com website. In some locations, applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Upon request by us, you agree to defend, indemnify and hold Boditrax Technologies Limited and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to:
(a) your use of the Boditrax Service, including any user generated content you post, store, reproduce, display, or distribute via the Boditrax Services.
(b) your violation of the Terms of Use; or
(c) your violation of any intellectual property or other third-party rights or any applicable law in connection with your use of the Boditrax Service.
We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defences.
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Boditrax Service, shall be governed by and construed in accordance with the laws of England and Wales without respect to its conflict of laws principles. As such, you shall bring any legal action or proceeding against Boditrax Technologies Limited related to the Boditrax Services exclusively in England and Wales.
Boditrax Technologies Limited may change or discontinue, temporarily or permanently, any feature or component of the Boditrax Services at any time without further notice. You agree that Boditrax Technologies Limited shall not be liable to you, or to any third party for any modification, suspension or discontinuance of any feature or component of the Boditrax Services.
Boditrax Technologies Limited from time to time may make changes or amendments to these Terms of Use. The most up to date will be clearly marked on the website. However, continued use will imply acceptance of the terms in this agreement.
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