User account

This document informs you of the terms of use on which you may make use of our website HYPERLINK "http://www.zodbod.com" http://www.zodbod.com (“the site”) as an unregistered user and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

By using the site, you indicate that you accept these terms of use and this privacy policy. Please do not use the site if you do not agree to these terms of use or this privacy policy.

The site is operated by Zodbod Limited (“we”, “us”). We are registered in England and Wales under company number 6833574 and have our registered office at Julier House, Pera Road, Bath, BA1 5PA in the United Kingdom. We are the data controller for the purpose of the Data Protection Act 1998.

We provide an online forum through which registered users can sell and buy health, fitness and dieting advice, guidance and programs. We also provide online tools to assist you in tracking your progress in any advice, guidance and programs which you follow.

While we do have exercise professionals working for us, we do not advise on matters of health, fitness or dieting, we cannot guarantee that the material published on the site has been approved by us and as such we cannot guarantee the accuracy, completeness or suitability of the material published on the site.

You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.

We reserve the right to restrict access to, withdraw or amend the service we provide on the site without notice. We will not be liable if for any reason the site is unavailable at any time or for any period. We aim to update the site regularly and may change the content at any time. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.

We are committed to protecting and respecting your privacy. When you visit, register or use the services on the site, you may be asked to provide certain information about yourself, including your name, your contact details and your payment details. We will record the information that you provide, and we may record any searches that you make and any transactions that you conclude.

We may also collect information about how you use the site which we will use to personalise the service we offer to you. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

All information you provide to us is stored on our secure servers. Although we will do our best to protect your personal data, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your data transmitted to the site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access and your information will not be transferred outside of the European Economic Area.

We will not disclose your personal information to any third parties, except to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy, in order to complete a transaction or in the event that we sell or buy any business or assets or in order to comply with any legal obligations.

The Data Protection Act 1998 gives you the right to access information held about you and your right of access can be exercised in accordance with this act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

All copyright, database rights, trade marks and design rights (“Intellectual Property”) in the site and in the material published on it belong to us, our licensors or our registered users. You may download material from the site for the sole purpose of using the site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on the site without our prior written consent.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials uploaded or information provided by you or any other user of the site.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

Although we will do our best to prevent intentional misuse of the site and the dissemination of harmful programs via the site, we will not be liable for any loss or damage caused by any intentional misuse of the site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site.

We act merely as an introductory service providing an online forum through which registered users can sell and buy health, fitness and dieting advice, guidance and programs and as such we have no control over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.

We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the site and we disclaim all liability and responsibility arising from any reliance by any user of the site, or by anyone who may be informed of any of its contents, placed on any commentary and other materials posted on the site.

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

In recognition of the above, you agree to waive any claim you may have against us that is in any way connected with a dispute you have with another user of the site and you agree to compensate us for any losses or liability suffered as a result of any claim against us by another user or any other third party as a result of your use of the site or in relation to your dealings with other users and third parties.

We reserve the right in our sole discretion to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use the site, if you: act inconsistently and in breach of these terms and conditions; at any time violate or attempt to violate any rights of any other user of the site or third party; are engaged in any fraudulent activity; or fail to make any payments due to use in accordance with these terms.

You agree to comply with all applicable laws, statutes and regulations concerning your use of the site. These terms of use are governed by law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).

We will not be in breach of these terms or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If a provision of these terms (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these terms will not be affected.

These terms, together with any documents expressly referred to, contain the entire agreement between us relating to the subject matter covered and supersedes any previous terms and conditions.

We may revise these terms of use at any time by amending this page or by publishing notices elsewhere on the site.

Please use the contact form on the site for any notices that you wish to send to us. Any notices that we may wish to draw to your attention will be displayed on the site.

This document informs you of the terms of use on which you may make use of our website HYPERLINK "http://www.zodbod.com" http://www.zodbod.com (“the site”) as a registered user and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

By using the site, you indicate that you accept these terms of use and this privacy policy. Please do not use the site if you do not agree to these terms of use or this privacy policy.

The site is operated by Zodbod Limited (“we”, “us”). We are registered in England and Wales under company number 6833574 and have our registered office at Julier House, Pera Road, Bath, BA1 5PA in the United Kingdom. We are the data controller for the purpose of the Data Protection Act 1998.

We provide an online forum through which registered users can sell and buy health, fitness and dieting advice, guidance and programs. We also provide online tools to assist you in tracking your progress in any advice, guidance and programs which you follow.

While we do have exercise professionals working for us, we do not advise on matters of health, fitness or dieting, we cannot guarantee that the material published on the site has been approved by us and as such we cannot guarantee the accuracy, completeness or suitability of the material published on the site

You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.

We reserve the right to restrict access to, withdraw or amend the service we provide on the site without notice. We will not be liable if for any reason the site is unavailable at any time or for any period. We aim to update the site regularly and may change the content at any time. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.

We are committed to protecting and respecting your privacy. When you visit, register or use the services on the site, you may be asked to provide certain information about yourself, including your name, your contact details and your payment details. We will record the information that you provide, and we may record any searches that you make and any transactions that you conclude.

When you register with the site, you will be requested to choose a username and password. You must treat your username and password as confidential information and you must not disclose them to any third party. We have the right to disable your username at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. As a registered user, you can update your details, change your preferences or unsubscribe at anytime on the site.

We may also collect information about how you use the site which we will use to personalise the service we offer to you. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

All information you provide to us is stored on our secure servers. Although we will do our best to protect your personal data, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your data transmitted to the site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access and your information will not be transferred outside of the European Economic Area.

We will not disclose your personal information to any third parties, except to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy, in order to complete a transaction or in the event that we sell or buy any business or assets or in order to comply with any legal obligations.

The Data Protection Act 1998 gives you the right to access information held about you and your right of access can be exercised in accordance with this act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Using the site

All copyright, database rights, trade marks and design rights (“Intellectual Property”) in the site and in the material published on it belong to us, our licensors or our registered users. You may download material from the site for the sole purpose of using the site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on the site without our prior written consent.

By uploading material to the site, you agree to:

warrant to us that the material is your own original work and not entirely or partially copied from any other material, that you have all consents necessary to upload the material and that the material does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or Intellectual Property rights of any third party; and

compensate us for any losses or liability suffered as a result of any claim against us by another user or any other third party in relation to the material which you upload to the site.

In respect of any information you provide to us or other users of the site (for example, in creating an account or during the selling process) you will retain all rights you have in the Intellectual Property in such material, but you agree to:

grant to us and our licensees a non-exclusive worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the Intellectual Property you have in such material in any media known now or in the future;

grant to us the right to use your name, your likeness and your personal information to record your progress with the site and to share this information with other users and third parties to encourage other users of the site and for related promotional purposes. Please follow the instructions given during registration if you do not wish your details to be used in this way;

grant to us the right to use your personal information, and to pass this information to related third parties, in order to send you information about products and services which may be of interest to you. If you do not wish to receive this information, please follow the instructions given during registration; and

waive any moral rights or similar rights you have in the material whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 or equivalent legislation anywhere in the world.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials uploaded or information provided by you or any other user of the site.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

Although we will do our best to prevent intentional misuse of the site and the dissemination of harmful programs via the site, we will not be liable for any loss or damage caused by any intentional misuse of the site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site.

Your registration and use of the site is free. We do charge fees for providing other services and you will have an opportunity to review and accept the fees that you will be charged, based on our [fees policy], which we may change from time to time. Unless otherwise stated, all fees are quoted in GB pounds sterling.

You may only pay for items using your credit or debit cards, or via your PayPal account. If your payment method fails or your account has insufficient funds, we may collect monies owed using other collection mechanisms, but we shall be under no obligation to do so.

When buying items on the site your contractual relationship is directly with the seller and when selling items on the site your contractual relationship is directly with the buyer. To facilitate the transaction, we will collect payment from the buyer which we will hold for a period of 30 days on behalf of the seller to allow any disputes to be resolved between buyer and seller.

Once we have received payment from the buyer, we will send the buyer an electronic receipt and grant the buyer access to download the purchased item. All sellers pay a commission fee to us for each item sold on the site, based on our [fees policy]. After 30 days, we will send the seller an electronic invoice for our fees and forward the balance of the payment, less our commission fees, to the seller.

We reserve the right to set off any amounts owing to us by a seller against any monies held by us which are due to be passed to the seller, whether any such liability is present or future and without prejudice to any other remedies available to us.

We act merely as an introductory service providing an online forum through which registered users can sell and buy health, fitness and dieting advice, guidance and programs and as such we have no control over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.

We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the site and we disclaim all liability and responsibility arising from any reliance by any user of the site, or by anyone who may be informed of any of its contents, placed on any commentary and other materials posted on the site.

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

In recognition of the above, you agree to waive any claim you may have against us that is in any way connected with a dispute you have with another user of the site and you agree to compensate us for any losses or liability suffered as a result of any claim against us by another user or any other third party as a result of your use of the site or in relation to your dealings with other users and third parties.

Termination

We reserve the right in our sole discretion to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use the site, if you: act inconsistently and in breach of these terms and conditions; at any time violate or attempt to violate any rights of any other user of the site or third party; are engaged in any fraudulent activity; or fail to make any payments due to use in accordance with these terms.

You agree to comply with all applicable laws, statutes and regulations concerning your use of the site. Each and every transaction carried out on, or as a result of use of, the site is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the law of England and Wales.

These terms of use are governed by law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).

We will not be in breach of these terms or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If a provision of these terms (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these terms will not be affected.

These terms, together with any documents expressly referred to, contain the entire agreement between us relating to the subject matter covered and supersedes any previous terms and conditions.

We may revise these terms of use at any time by amending this page or by publishing notices elsewhere on the site.

Changes to the [fee policy] are effective after we provide you with at least 14 days' notice of them by posting the changes on the site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Please use the contact form on the site for any notices that you wish to send to us. Any notices that we may wish to draw to your attention will be displayed on the site.