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Terms & Conditions

Welcome. BodyChillz Ltd and its subsidiaries, affiliates or partners (collectively ‘BCL’) provide access to the website (the ‘Website’) and provide our services and sell our products to you subject to the conditions set out in these terms.

Please read these terms carefully before using the Website. By using the Website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Website service you will also be subject to the guidelines and conditions applicable to that service.

Conditions relating to the use of the Website

1.      Your username and password

When using the Website, you are responsible for maintaining the confidentiality of your unique identifier (‘username’) and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your username or password.

You agree to keep your username and password strictly confidential and you are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that combine a combination of non-obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.

You agree to inform us at once by electronic mail if you believe that your account information is being misused, or has the potential for being misused, by a third party so that we may temporarily suspend your account and allow you to resecure it.

We strongly recommend that you disable any automatic password memory in your browser and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.

2.      Registration

Registration will be conducted using secure server encryption. Upon completion of registration, we will confirm by electronic mail to the address you have supplied that your account has been verified and is open.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information with which you have provided us via the My Account area of the Website.

BCL reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

3.      Payments and purchases

You can order products or services on the Website. For each order, an e-mail confirmation will be produced automatically so that you have confirmation of your order details. An automatic confirmation does not necessarily mean that we will be able to meet your order. We may use the information you provide and the records of items you buy to monitor and improve our services in accordance with our Privacy Policy.

We make every attempt to ensure that the prices on our online shop are accurate. However, if our published price is found to be incorrect, or if we are unable to supply the item(s) within the stated timeframe, we will notify you as soon as possible after receiving your order. If this happens, you may cancel your order and receive a full refund.

All published prices are in British pounds and are subject to mandatory taxes such as VAT where applicable. Our contract is with the user who places the order. Please check all details and descriptions before submitting an order.

Credit processing is outsourced to a recognised provider of such services.

You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.

4.      Privacy

Please review our Privacy Policy, which also governs your visits to the Website, to understand our practices.

5.      Access to the Website

We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

6.      Licence for Website access

BCL grants you a limited licence to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of BodyChillz Ltd. This licence does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without the express written consent of BCL. You may not use any meta tags or any other “hidden text” utilising BCL’s names or trademarks without the express written consent of BodyChillz Ltd. Any unauthorised use terminates the permission or licence granted by BodyChillz Ltd.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website as long as the link does not portray BCL or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BCL corporate or product logo or other proprietary graphic or trademark as part of the link without our express written consent.

7.      Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not BCL, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
  • to cause annoyance, inconvenience or needless anxiety

8.      Reports, comments, communications and other content

Users of the Website may post reports, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. BCL reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you

    1. grant BCL non-exclusive, royalty-free and fully sublicenceable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
    2. grant BCL the right to use the name that you submit in connection with such content, if they choose;
    3. represent and warrant that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to the Website:
      • the content and material is accurate;
      • use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);
      • you agree to indemnify BCL for all claims brought by a third party against BodyChillz Ltd or its affiliates arising out of or in connection with a breach of any of these warranties;
    4. agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material;
    5. agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content; and
    6. agree to perform all further acts necessary to perfect any of the above rights granted by you to BCL, including the execution of deeds and documents, at the request of BCL.

9.      Defamation claims

Because the Website can potentially host millions of comments, it is not possible for us to be necessarily aware of each comment or report that is posted. Accordingly, the Website operates on a ‘notice and takedown’ basis. If you believe that any content on the Website contains a defamatory statement, please notify us immediately. We will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

10.   Copyright, authors’ rights and database rights

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of BCL and is protected by international copyright, authors’ rights and database rights laws. The compilation of all content on the Website is the exclusive property of BCL and is protected by United Kingdom and international copyright and database rights laws. All software used on the Website is the property of BCL and is protected by international copyright and authors’ rights laws.

You may not systematically extract nor utilise parts of the contents of the Website without BCL’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website, without BCL’s express written consent. You also may not create and/or publish your own database that features substantial parts of the Website without BCL’s express written consent.

11.   Trademarks

BodyChillz, CAERvest and other marks indicated on the Website are trademarks or registered trademarks of BCL. The Website’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of BCL. BCL’s trademarks and trade dress may not be used in connection with any product or service that is not BCL’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BCL. All other trademarks not owned by BCL that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BCL.

12.   Patents

Patents may apply to the Website and to the features, products and services accessible via the Website.

Conditions relating to the sale of services and products to you

This section deals with conditions relating to the sale of our services and products by BCL to you.

13.   Our contract

When you place an order to purchase a product from the Website, BCL will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email confirmation to you that we’ve dispatched that product to you (the ‘Dispatch Confirmation email’). That acceptance will be complete at the time we send the Dispatch Confirmation email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation email to have been dispatched do not form part of that contract.

 Conditions relating to both your use of the Website and sales to you

14.   Children

BCL does not sell products for purchase by children, although we may sell children’s products for purchase by adults. If you are under 18, you may not apply to use the Website.

15.   Other businesses

The Website provides links to the websites of affiliated companies and certain other businesses. BCL is not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these businesses or individuals nor of the content of their websites. BCL does not assume any responsibility or liability for the actions, products and content of any of these and any other third parties. You can tell when a third party is involved in your transactions and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

16.   Electronic communications

When you visit the Website or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17.   Losses

BCL will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed. BCL does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

18.   Alteration of service or amendments to the conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19.   Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

20.   Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

21.   Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales.

22.   Our details

This website is owned and operated by:

BodyChillz Ltd, Churchill Court, 3 Manor Royal, Crawley, Sussex RH10 9LU United Kingdom

Registered in the UK Company Number: 08679337
You can contact us via the relevant section on the Website.

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