Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Body Chi Me, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a Body Chi Me account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Body Chi Me.
- Your Body Chi Me Account and Profile. If you create a profile on Body Chi Me, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must immediately notify Body Chi Me of any unauthorized uses of your profile, your account, or any other breaches of security. Body Chi Me will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a profile, post material to Body Chi Me, post links on Body Chi Me, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Body Chi Me, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Body Chi Me for inclusion on your profile, you grant Body Chi Me a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your profile. This license allows Body Chi Me to make publicly-posted content available to third parties selected by Body Chi Me so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Body Chi Me will use reasonable efforts to remove it from Body Chi Me, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Body Chi Me has the right (though not the obligation) to, in Body Chi Me’s sole discretion, (i) reclaim your username or profile URL due to prolonged inactivity, (ii) refuse or remove any content that, in Body Chi Me’s reasonable opinion, violates any Body Chi Me policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Body Chi Me to any individual or entity for any reason. Body Chi Me will have no obligation to provide a refund of any amounts previously paid.
- Web Traffic. We use a third party, Google Analytics, to measure Body Chi Me’s audience and usage. By using Body Chi Me, you agree to assign the traffic relating to your website to Body Chi Me. You understand that you will not receive credit for traffic in these reports.
- HTTPS. We offer free HTTPS on all Body Chi Me profiles by default, via Let’s Encrypt.
- Advertisements. Body Chi Me reserves the right to display advertisements on your profile.
There are certain features offered that enable you to sell services on your profile (“Booking Features”).
- Usage of Information. Booking Services may require Body Chi Me’s servers, a connection to our partners, and/or data from your site, to work.
- **Prohibited Uses. You may not use Booking Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Booking Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
- Your Responsibilities. You are solely responsible for all of your booking activities, including your profile, your services, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when setting up your profile, operating your profile, processing payments, and selling services. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and cancellation policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for providing services sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
3. Responsibility of Visitors.
Body Chi Me has not reviewed, and cannot review, all of the material, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Body Chi Me does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Body Chi Me disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
4. Fees, Payment, and Renewal.
- Fees. Some of our Services are offered for a fee. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Body Chi Me annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the profiles and webpages to which Body Chi Me links, and that link to Body Chi Me. Body Chi Me does not have any control over those non-Body Chi Me websites, and is not responsible for their contents or their use. By linking to a non-Body Chi Me website, Body Chi Me does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Body Chi Me disclaims any responsibility for any harm resulting from your use of non-Body Chi Me websites and webpages.
8. Copyright Infringement and DMCA Policy.
As Body Chi Me asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Body Chi Me violates your copyright, you are encouraged to notify Body Chi Me. Body Chi Me will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Body Chi Me will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Body Chi Me or others. In the case of such termination, Body Chi Me will have no obligation to provide a refund of any amounts previously paid to Automattic.
10. Intellectual Property.
This Agreement does not transfer from Body Chi Me to you any Body Chi Me or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Body Chi Me. Body Chi Me, the Body Chi Me logo, and all other trademarks, service marks, graphics and logos used in connection with Body Chi Me or our Services, are trademarks or registered trademarks of Body Chi Me or Body Chi Me’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Body Chi Me or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Body Chi Me may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Body Chi Me account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Disclaimer of Warranties.
Our Services are provided “as is.” Body Chi Me and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Body Chi Me nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
16. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Sydney, New South Wales..
17. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sydney, New South Wales, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
18. Limitation of Liability.
In no event will Body Chi Me, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Body Chi Me under this Agreement during the twelve (12) month period prior to the cause of action. Body Chi Me shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
19. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Australia or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Body Chi Me, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (Aus). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Body Chi Me and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Body Chi Me, or by the posting by Body Chi Me of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Body Chi Me may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.