Welcome to www.bodymechanix.co (the main domain and all subdomains will hereafter collectively be referred to as bodymechanix.co), a web site owned by Bodymechanix Limited, run by practitioners for practitioners.
This Agreement constitutes the entire and only Agreement between Bodymechanix Limited (“us”) and the end user (“you”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through Bodymechanix Limited, and the subject matter of this Agreement.
By using this site, you are agreeing to comply with and be bound by the following Terms and Conditions (Agreement) with respect to bodymechanix.co.
If you do not agree to all of the Terms and Conditions of this Agreement, do not review information or obtain goods or products from bodymechanix.co!
This Agreement may be amended at any time by Bodymechanix Limited without specific notice to you.
The latest Agreement will always be posted on bodymechanix.co and you should review this Agreement prior to using the site.
All content of bodymechanix.co contains proprietary information of Bodymechanix Limited and is provided under a license agreement containing restrictions on use and disclosure and protected by copyright law, trademarks and other proprietary (including but not limited to intellectual property) rights.
This includes all text, images, graphics, movies, quizzes, courses, tutorials and databases of which neither may be reproduced, downloaded, transcribed, reverse engineered, disassembled or stored in any database or retrieval system in any form without the consent of Bodymechanix Limited unless stated otherwise.
The content may not be translated into any other language, resold or distributed without prior explicit permission of Bodymechanix Limited.
The copying, download, redistribution, use or publication by you of any such matters or any part of bodymechanix.co, except as allowed by Section 4 (Limited Right to Use), is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials viewed in bodymechanix.co.
Due to continued product development the information provided may change without notice. All information and intellectual property contained herein is confidential between Bodymechanix Limited and you and remains the exclusive property of Bodymechanix Limited.
We do not warrant that this document or the information contained on bodymechanix.co in general are error-free.
If you find any problems or errors in the documents, please report them to us in writing.
3. Limited Right to Use
The viewing of bodymechanix.co grants you only a limited, nonexclusive license for use solely by you for your own personal use.
Copying, printing or alteration of any content, graphic, form or document is only allowed when explicitly granted and then only for your personal use (but not for resale, republication, distribution, redistribution, assignment, sublicense, sale, preparation of derivative works or other).
4. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing in bodymechanix.co.
By using this site you agree to defend, indemnify and hold Bodymechanix Limited, its officers, directors, employees, agents, partners, attorneys, licensors and affiliates (collectively, “Affiliated Parties”), harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content of bodymechanix.co, in a manner that violates or is alleged to violate these Terms and Conditions.
Bodymechanix Limited cannot be held responsible for any inaccurate assessment of physical conditions or for unsafe practice.
Your right to use bodymechanix.co is not transferable.
Any password or right given to you to obtain information or documents is not transferable to any other user.
We treat the information provided by us as we would a piece of software and therefore we do not normally issue refunds.
7. Disclaimer and Limits
The site bodymechanix.co (including subdomains) is purely a source of general information which visitors use at their own risk and which can at no time replace a qualified professional.
The content provided through bodymechanix.co is NOT intended to be relied on for medical diagnosis or treatment and Bodymechanix Limited cannot be held responsible for inaccurate assessment of physical conditions or for unsafe practice.
The information provided on bodymechanix.co does not substitute proper advice and care from qualified health professionals.
Always seek relevant professional advice before embarking on any form of self-treatment or treating somebody else and never delay your seeking competent professional advice.
Bodymechanix Limited does not accept any responsibility for how you use the information provided.
The contents are deemed accurate at the time of publishing but are subject to upgrade and alteration in light of scientific enquiry. Bodymechanix Limited will disclaim any duty or obligation to update this information.
The information is provided “as-is”, “as-available” and all warranties, express or implied, statutory or otherwise are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement of 3rd parties rights and fitness for a particular purpose).
The information and services may contain bugs, errors, problems or other limitations.
Bodymechanix Limited and our affiliated parties have no liability whatsoever for your use of any information or service.
In particular, but not as a limitation thereof, Bodymechanix Limited and our Affiliated Parties are not liable for any indirect, special, incidental or consequential damages (including damage to your and/or somebody else’s health, damages for loss of business, loss of profits, damages resulting from lost data or business interruption, litigation, or the like), damages resulting from the use or inability to use bodymechanix.co, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above are fundamental elements of the basis of the bargain between Bodymechanix Limited and you. This site and the information therein would not be provided without such limitations.
No advice or information, whether oral or written, obtained by you from us through bodymechanix.co shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic files containing the form or document is disclaimed.
We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site.
Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
8. Use of Information
9. Third-Party Services
Bodymechanix Limited may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services.
As a rule Bodymechanix Limited does not endorse any products advertised or linked to and do not give any assurances or warranties (expressed or implied) about the accuracy, completeness or reliability of any advertisement links to and from other sites.
You understand that Bodymechanix Limited does not operate or control the products or services offered by Merchants.
Information about companies other than Bodymechanix Limited contained in the content or otherwise, should not be relied upon as being provided or endorsed by us.
Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
10. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites.
We are not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
We take your privacy very seriously and will NOT sell or pass on any of the information you provide to any other parties for any purpose.
We may use information supplied to us voluntarily for providing personalised features and services, to analyse the use of the site and provide better information to our site visitors.
Email addresses obtained through bodymechanix.co will be used periodically to send you informative emails and updates on changes to the site. We will NOT sell or pass on these lists on to anyone else.
Cookies may be used by Bodymechanix Limited to provide easy user access through the site with the aim to improve your user experience. You can prevent cookies (small text files that will be planted in your PC) through your browser. Cookies may be required to use certain features of bodymechanix.co but they won’t be used to gather any personal data.
You represent and warrant that if you are purchasing something from Bodymechanix Limited or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
13. Links to other Web Sites
For user convenience bodymechanix.co contains links to other web sites.
Bodymechanix Limited is not responsible for the content and makes no assurances or warranties (expressed or implied) about the accuracy, completeness or reliability of any information held within any third party site to which a user may be linked.
Inclusion of any linked web site on our site does not imply approval or endorsement of content, products and services provided by the linked web site by us.
If you decide to leave bodymechanix.co and access these third-party sites, you do so at your own risk.
Bodymechanix Limited reserves the right to refuse a third party site permission to provide a hyperlink to any part of bodymechanix.co as related to copyright law
This Agreement shall be treated as though it were executed and performed in Christchurch, New Zealand, and shall be governed by and construed in accordance with the laws of New Zealand (without regard to conflict of law principles).
Any cause of action by you with respect to bodymechanix.co (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section 8 (Disclaimer and Limits) and Section 10 (Third-Party Services).
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with this Agreement shall be brought before a court solely in Christchurch, New Zealand.
You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with bodymechanix.co is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.