WEB SITE USER AGREEMENT

This Web Site is owned and operated by BodsOnline (“Company” or “Shopbodynits.com”). Access to and use of this Web Site is subject to the terms and conditions of this Web Site User Agreement as set out below and as modified or amended from time to time. Bodynits International Pte Ltd and Bodywork Concepts Pte Ltd are not liable for any claim whatsoever through this Web Site.

BY ACCESSING THIS WEB SITE YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS WEB SITE USER AGREEMENT INCLUDING: TERMS AND CONDITIONS, DISCLAIMER OF LIABILITY AND PRIVACY STATEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME. THE OPERATOR OF THIS WEBSITE RESERVES THE RIGHT TO AMEND THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS TAKE EFFECT IMMEDIATELY UPON POSTING OF THE AGREEMENT AS AMENDED OR MODIFIED ON THIS WEB SITE.

CONTACTING US

If you have any questions about the Terms and Conditions, Disclaimer Of Liability clauses or Privacy Statement, the practices of this Web Site, or have any comments and suggestions about this Web Site, please contact BodsOnline at help@shopbodynits.com 

TERMS AND CONDITIONS

The following are the terms and conditions for the use of this Web Site by any user. All trade transactions and access to and use of this Web Site are governed by these Terms and Conditions. By using this Web Site you indicate that you have read these terms and conditions and have agreed to be bound by them.

These Terms and Conditions may be amended or withdrawn without prior notice at the sole discretion of the Company and you are advised to view these Terms and Conditions from time to time and in any case prior to placing any order with the Company.



TIME OF AGREEMENT

No agreement will come into existence between the Company and any buyer of Products through this Web Site (“the Buyer”) for the sale of any Products until and unless the Company accepts the order by sending a confirmation e-mail to Buyer.

DELIVERY

ShopBodynits.com has no obligation to deliver any Product to Buyer until the price and any other applicable charge is received in full by the Company.

Whilst every effort will be made to adhere to stated shipping and delivery dates, such dates are estimates only and the Company cannot be liable for any losses incurred caused by delay in shipment or delivery.

Risks in the goods shall pass to the Buyer upon shipment but property in the goods shall not pass to the Buyer until ShopBodynits.com receives full payment of the purchase price. Buyer should submit all enquiries and claims for loss to the carrier after shipment.

PRODUCTS

All Products are subject to availability and the Company reserves the right to revise or discontinue the supply of any Product. Substitute Product may differ in detail but shall have the function, ability and performance of the Product ordered.

Whilst the Company shall use its best endeavors to and shall constantly strive to provide accurate and current information on this Web Site and to supply Products as close as possible to those depicted on this Web Site, by reason of unavoidable variances in weights, colors, measures and similar descriptions, the Company shall not be held responsible for any errors/omissions in Product specification or description. Buyer acknowledges and accepts that the specification of any Product delivered to customer may not comply strictly with those described in any specification catalogue shown on this Web Site.

PRICES

All prices are such amounts as shall be quoted to the Buyer by the Company or in the absence of such a quotation, at the price that appears on the Company's price list on the date of the Agreement.

All prices quoted or appearing in the Company’s Price List are in U.S. Dollars unless otherwise specified.

The Company reserves the right to change prices for all products displayed on this online Web Site at any time.

Any quotation or published price is subject to alteration or withdrawal without prior notice as a result of fluctuation in exchange rates, increase in supplier's prices, and increase in costs of raw materials or other costs beyond the Company’s control. Where order has been made, Buyer shall be informed of such altered price and shall have the right of cancellation of order.

INTELLECTUAL PROPERTY RIGHTS

We respect the intellectual property rights of others, and we require all users of this Web Site to do the same. If you believe that a copy of your work has been reproduced or made available on this Web Site without your consent or that a copyright, trade mark, design right or other intellectual property infringement has otherwise occurred, please supply us with the relevant information and email to: help@shopbodynits.com

The contents displayed on this Web Site including but not limited to text, software, photographs, graphics, illustrations and artwork, layout, color combinations and other graphical elements, video, music and sound, names, logos, trade marks and service marks including the “look” and “feel” of this Web Site (“the Intellectual Property Rights”) are owned or licensed for use by the Company, its affiliates or licensors and are protected by copyright, trademark and other intellectual property laws. In particular, the right to the use of any material on this Web Site is subject to the prior written consent of the Company.

No part or parts of this Web Site may be reproduced, distributed, adapted, modified, republished, displayed, broadcast, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of the Company provided that permission is granted to download and print the materials on this Web Site for strictly personal, non-commercial use only and provided that you do not modify any materials and that you retain all copyright and other proprietary notices contained in such materials. You may not, without the permission of the Company, insert a hyperlink to this Web Site on any other Web Site or "mirror" any material contained on this Web Site on any other server.

POSTING OF MATERIAL

As a user, you agree not to post or transmit any material which in the opinion of the Company is of an unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially or ethnically discriminating or otherwise objectionable nature including, but not limited to, any material which encourages conduct that would constitute a criminal offence, violate the rights of others, or otherwise violate any applicable local, state, national or international law or the Intellectual Property Rights of another.

You agree you will not impersonate any person or entity or to misrepresent your affiliation or association with any person or entity.

You will be responsible for, and indemnify and hold harmless the operator of this Web Site, its affiliates, agents and representatives against, any claim including legal costs on solicitor and client basis that arises from the breach of any of the terms of use of this Web Site or in connection with your use of this Web Site.

By submitting material to this Web Site, you are representing that you are the owner of the material, or have a right to reproduce, display or transmit such material or are making your submission with the express consent of the owner and that there is no infringement of any Intellectual Property Rights belonging to another.

No user is to post or transmit any material which he knows to contain a virus or corrupted data.

The Company and its affiliates reserve the right, in its sole discretion, to delete, edit, refuse to post or remove any material submitted to or posted on this Web Site which is submitted or posted in violation of any part of this Agreement and to deny access to anyone who violates any part of this Agreement.

Except as stated in the Privacy Statement, any communication or material any user posts or transmits on this Web Site, is, and will be treated as, non-confidential and non-proprietary. A user assumes full responsibility for anything posted or transmitted, and grants to the Company and its affiliates the right to use his name in connection with the posted material as well as in connection with any advertising, marketing or promotional material related thereto as well as the right to edit, copy, publish and distribute any information or content that such user posts or transmits for any purpose.

SELF-PROTECTION OF PERSONAL INFORMATION
A link to another Web Site on this Web Site does not constitute an endorsement of that site nor of any product, service or other material offered on that site by the Company and its affiliates. Shopbodynits.com and its affiliates are not responsible for the contents of any such linked Web Sites and you access and use such Web Sites entirely at your own risk.

Unless you choose the option not to have any e-mails sent to you or modify your profile and select “Unsubscribe”, you further agree to allow the operator of this Website, its affiliates, licensors and licensees to send e-mails to you. The operator of this Web Site disclaims any responsibility for any loss or injury or damage (including but not limited to any damage to any computer system, software, modem, telephone or other property corruption or loss of program or information or data) thereby.

All users should be aware that if they voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, a survey or feedback form or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties. Shopbodynits.com and its affiliates disclaims any responsibility for any such information that any user so discloses.

All users are responsible for maintaining the security, secrecy and confidentiality of their own personal information including any passwords or user IDs or registration particulars and should not in particular, disclose their password to anyone including the operator of this Web Site or its staff or employees. Users should immediately inform ShopBodynits.com of any unauthorized use thereof.

LIMITATION OF LIABILITY

EXCEPT AS STATED IN THE TERMS AND CONDITIONS, THE COMPANY ACCEPTS NO LIABILITY FOR ANY CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE OF ANY KIND ARISING FROM, OR IN CONSEQUENCE OF, ANY FAULT OR DEFECT OF ANY NATURE WHATSOEVER. WE CAN ACCEPT NO LIABILITY FOR DEATH, INJURY, LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHETHER TO PERSON OR PROPERTY HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE SUPPLIED BY US. WE ACCEPT NO LIABILITY IN RESPECT OF LOSS OR DAMAGE TO THIRD PARTIES CAUSED DIRECTLY OR INDIRECTLY BY ANY PRODUCT OR SERVICE SUPPLIED BY US.


TO THE FULLEST EXTENT PERMITTED AT LAW THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF INCOME OR PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF PROGRAMS, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCT, SERVICE INTERRUPTIONS, DAMAGE TO PROPERTY, DEATH OR PERSONAL INJURY AND CLAIMS OF THIRD PARTIES EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE ABOVE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED AT LAW, THE COMPANY'S LIABILITY SHALL AT ALL EVENTS BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE PRODUCT OR THE SERVICE.


All Products ordered and all trade transactions effected through this Web Site are subject to the Limitation of Liability clauses.

PRIVACY

Your use of this Web Site is subject to our Privacy Policy.

FORCE MAJURE

Neither party will be liable for any delay in performing or failure to perform its obligations (other than a payment obligation) under this Agreement due to any cause outside its reasonable control. Such delay or failure will not constitute a breach of this Agreement and the time of performance of the affected obligation will be extended by such period as is reasonable.

DISPUTE RESOLUTION

If any dispute arises out of or in connection with this agreement, including any question regarding its existence, validity or termination, the parties agree to endeavor to settle the dispute through conciliation at the Singapore International Arbitration Centre (hereinafter called “the SIAC”) in accordance with the Rules of Mediation and Conciliation of the SIAC for the time being in force, which rules are deemed to be incorporated herein by reference.

Any issue or claim not resolved by conciliation shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to be incorporated by reference into this clause.

In the event of arbitration, the arbitration tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the SIAC and the language of arbitration shall be in English. The Arbitrator’s decision shall be final and binding.

MISCELLANEOUS

If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the terms and conditions.

No person other than a party to this Agreement may enforce this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 2001 of Singapore are hereby expressly excluded.

This agreement is and shall be deemed to have been made in Singapore and shall in all respects be governed by the laws of Singapore and the parties hereto hereby submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.