*PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. THEY ARE PART OF YOUR CONTRACT WITH THE COMPANY AND CONTAIN LEGAL OBLIGATIONS AND LIABILITIES OF THE CLIENT
In the Contract:
“the Booking, Contract or Purchase” means the booking or purchase by a Client of any service or product offered by BodyMOT Systems Ltd;
“the team member” or “staff” means any health care provider, trainer, coach, therapist, consultant, staff member or otherwise that works with the company;
“Freelance” means any self-employed person;
“the Confirmation” means the written confirmation by the Company of a Booking or Product order made by telephone, website or e-mail;
“the Form” means the paper form or e-form carrying the clients details;
“the Company” means BodyMOT Systems Ltd;
“The Contract” means the entire contract between the Company or Team member and the Client as contained in these Terms and Conditions, the Booking Form, Order Form and any Booking Confirmation;
“the Client” means the company, person or persons named on the Booking Form, eForm, Contract or Invoice. In the case of more than one Client, they shall be jointly and severally liable;
“the Price” means the price set out on the Website, Booking Form, Quote, Invoice, Proforma or any Booking Confirmation;
“the Terms and Conditions” means the terms and conditions set out below;
“Working Day” means any week day (except Saturday and Sundays and public holidays in England and Wales)
2. SERVICE AGREEMENT:
2.1. The Client acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Company induced the Client to enter into the Contract and that any such statements or representations do not form part of the Contract.
2.2 A service or product order is made in the name of the Client specified at the time of payment and is not transferable to another person or entity.
2.3 The company reserves its right to decline a service agreement or order at its discretion.
2.4 Where documents are being purchased by the Client a Copyright agreement or NDA will be signed, witnessed, dated and emailed to the Company prior to the document being released.
2.6 It is acknowledged that all documents are for guidance purposes only; it is expected that the Client will go through each page to ensure that the content reflects the true practice and follows the safety guidelines relevant to their place of work.
2.6 All documents should be revised/updated a minimum of once per annum to remain current.
2.7 All documents will be provided in paper format, .pdf format or e-format and are subject to the NDA and copyright laws.
2.8 All product orders will aim to be dispatched seven (7) to ten (10) working days after payment or at a mutually agreed date thereafter.
2.9 Rare delays may be caused due to a third party; if this occurs the Client will be notified immediately via email and given an expected delivery date.
3. RIGHTS OF OWNERSHIP:
3.1 BodyMOT Systems Ltd has a substantial amount of intellectual property (IP), the underlying IP includes, when a Client enters a Contract with BodyMOT Systems Ltd, under no circumstances does this transfer any of the IP to the client.
3.2 Notwithstanding any payment received from the Client, all rights of ownership to all materials provided by BodyMOT Systems Ltd or any of its Team Members, whether written or not, shall remain the property of BodyMOT Systems Ltd. Copyright and distribution rights are reserved by BodyMOT Systems Ltd at its sole discretion, except where these rights are explicitly stated in writing to have been waived.
3.3 The Company reserves the right to request a signed copy of an NDA or Copyright agreement be returned prior to any documents or information being supplied.
4. CANCELLATION AND CHANGES:
4.1 The Contract may not be cancelled or amended except as provided in these Terms and Conditions.
4.2 Cancellation must be notified at least two (2) working days prior to the booked period.
4.3 In the event of a cancellation by the Client over two (2) working days, the client shall be entitled to a full refund of any monies paid, with the exception of any expenses incurred by the company that are non-refundable.
4.4 In the event of a cancellation by the Client under two (2) working days, the client shall pay for all stages of the contract that have been commenced, including all expenses incurred.
4.4 In the event of any adverse weather conditions, including floods, storms, strong winds, fog or unforeseen circumstances, including technical problems, mechanical failure, shortage of water, non-availability of fuel, preventing the conducting, delivery or transmission of the service/order, the Company or a Team Member shall offer a full refund of the price (with the exception of non-refundable expenses) that have been incurred if alternative dates or dispatch dates are not agreed with the Client.
4.5 Product order cancellations will not be accepted after shipping/dispatch.
4.6 The Client agrees to waive the right of cancellation upon the commencement of the agreed upon service.
4.7 The Client understands that they will lose the right to cancel the service that they are paying for when the contract commences.
5. PRICE AND PAYMENT:
5.1 Payments must be made in full prior to services or products being rendered.
5.2 Payments must be made PIA (Payment In Advance) or CBS (Cash Before Shipment)
5.3 Payments for products must be made a minimum of ten (10) working days after invoice
5.4 Any quotations given to the Client shall be valid for ten (10) working days from the date of enquiry.
5.5 Neither the Invoice or the Invoice Proforma is a VAT invoice.
5.6 Quotations and Invoices are all ‘Fixed fee plus expenses’ – expenses will be levied in addition to the agreed fee and are reimbursable by the Client immediately or PIA.
5.7 Fixed fee covers the performance of an agreed service or provision of a product for an agreed price. Extra time incurred in the performance of this shall be borne by BodyMOT Systems Ltd. The fee shall be fixed in the currency in which the quotation is made (GBP), regardless of exchange rate changes.
5.8 Expenses relate but are not limited to, product shipping, personnel travel, accommodation with incidental costs, purchases on behalf of the Client. The Client will be notified as to the estimate of these Expenses prior to booking payment.
5.9 Expenses are charged to the Client at the gross invoice rate.
5.10 The Team Member will be required to obtain receipts for expenses wherever practical. These are retained by BodyMOT Systems Ltd and are available for inspection by the Client upon request.
5.11 The Client’s responsibility is for payment to BodyMOT Systems Ltd of the full amount agreed. The Client agrees to adjust all payments to take into account any charges levied (such as may be made by the transferring bank), such that the full amount is received by BodyMOT Systems Ltd. The Client accepts that BodyMOT Systems Ltd shall be entitled to recover all deducted amounts.
5.12 The Client agrees to pay all government taxes and duties, regardless of origin, that may apply to all payments to BodyMOT Systems Ltd.
5.13 In the absence of any other agreed payment terms, all invoices shall be payable in full within ten (10) working days of the invoice date.
5.14 Payment options: Stripe (card payment) or Bank transfer: No handling fee. Paypal or Credit card: a 4% handling fee will be added to the final invoice.
5.15 Subscription and Installment payments can be managed/renewed/cancelled via your account page at https://joabbottmsc.com/my-account/subscriptions/ Cancellation will cause loss of access to all courses and training sessions related to the product that was cancelled.
6.1 The Company shall not accept any liability for death, personal injury, damage, expense or loss of any nature sustained by any Client other than in the case of proven negligence of the Company or its team members/staff.
6.2 No guarantees or warrantees are offered for any product or service.
6.3 The Company and its Team Members provide advice, guidance, information and services in good faith base upon information provided at the time. The Company does not warrant the accuracy of any information provided. Any data critical to a decision should be independently verified prior to being acted upon. The Company and its Team Members accept no liability for the consequences of its information, guidance and advice whether direct of indirect.
6.4 The Company does not manufacture any products and therefore offers no Product liability or warranty, this will be the sole liability of the manufacturer. Where this liability is brought to question the Client will be put in direct contact with the manufacturer to resolve the issue or pursue a claim.
7. FORCE MAJEURE:
7.1 The Company will not be responsible for any delays or failure to complete its service / product delivery which are beyond its control and which could not be predicted.
8.1 The contract shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
8.2 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
9. WEBSITE DISCLAIMER:
9.1 The information contained in this website is for general information purposes only. The information is provided by the Company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9.2 In no event will the Company or any of its Team Members be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
9.3 Through this website you are able to link to other websites which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
9.4 Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
10. RETURNS POLICY
10.1 We aim to ensure that the items in your order reach you in perfect condition. If you are disappointed in any way we would like to know immediately, please review the returns procedures below:-
10.2 You may contact us about replacement or damaged items by emailing: email@example.com
10.3 Under the Consumer Protection (Distance Selling) Regulations Act 2000, you have the right to cancel your order within 7 days of receipt of the goods without giving a reason. You must bear the costs of returning the goods to us. A refund will only be given immediately if the packaging is not broken and we receive the goods in good condition. To carry this out please re-package the item and send it accompanied by the original delivery documentation including your name & billing address to: BodyMOT Systems, 149 Lake Road, Poole BH15 4LQ. Please retain proof of postage. This will be required in the eventuality of your returned goods not arriving back with us. Reasonable care must be taken when packaging the parcel and returning it so that the items are not damaged in transit. On receipt of the returned item:
10.4 Either – a replacement item will be sent out if requested (depending on stock availability)OR – a refund will be issued back to it’s original source (i.e. Paypal or BACS)The company is not liable for postage costs for the return of goods.
12. WHAT DATA WE COLLECT
12.1 We may collect the following information:
Name and payment details
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
12.2 What we do with the information we gather? We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
To process your order and obtain payment
Internal record keeping
We may use the information to improve our products and services
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests
12.3 Security. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
12.5 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
12.6 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
12.7 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
13. LINKS TO OTHER WEBSITES
13.1 Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
14.1 You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us. We only hold the information you supply us with which is generally Name, Address, Email and possible Contact number. We obtain these details when you make contact with us: enquiries, purchases, or training.
- We always treat it with the highest standards of security and confidentiality, and rest assured, we never pass on, sell or swap your information with any other company for their own marketing purposes. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. Your information allows us to update you with news of any new course that may be of interest to you. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
- You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us.
- If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. We are committed to looking after your data and we will always put you first.
You also have the right to:
- Ask that we correct or update any personal information that is incomplete, inaccurate or out of date.
- Ask that we erase your personal data from our systems.
- Ask that we stop processing your data or restrict processing where we haven’t compelling legitimate grounds which override your interests, rights and freedoms.
- Request access to the personal information we hold about you.
- Object to us profiling your data, where we haven’t compelling legitimate grounds which override your interests, rights and freedoms.
- Request that any data provided by you in the context of actively consenting to some form of processing, be returned to you or transferred to another company in electronic form.
- Lodge a complaint with the Information Commissioner’s Office (ICO) in the UK – please see below for more information.
If you would like to exercise any of these rights, please get in touch with us through our website. Please note that we may ask for proof of identity before providing or updating any personal information we hold about you and if we have a legitimate reason as to why we are unable to fulfil any requests, we will always explain the reasons why.
15.1 Upon making an Invoice payment, cash payment or online payment, the Client accepts that all the Terms and Conditions above have been read, understood and agreed.