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User Agreement for <www.superbody.com>

THIS AGREEMENT constitutes the contractual relationship between you as an applicant for membership with <www.superbody.com> (“ the Website”) and, provided your application for membership is approved under the terms of this agreement, as a registered member of the Website, hereinafter referred to as “you”, on the one part, and Superbody of BVI, Tortola, Waterfront Drive as the operator of the Website and provider of the services prescribed herein, on the other part, hereinafter referred to as “we” or “us”.

  1. Application to become a Member and Acceptance of the Agreement

    1. This agreement, our Terms of Use http://superbody.com/docs/terms-of-use.pdf as well as the Privacy Policy http://superbody.com/docs/privacy-policy.pdf and such other rules and policies of the Website as these are published on the Website, shall hereinafter be referred to jointly as the “Agreement”.

    2. Your use of the Website and any and all of the services it provides, as such are prescribed on the Website from time to time (collectively “the Services”) is subject to the terms and conditions of the Agreement. By submitting an application through the Website to become a registered user of the Website having access to the Services (“a Member”) you agree that you have read, understood and accepted this Agreement and shall be bound by it at all times it remains in force.

    3. Becoming a Member is subject to approval by us of duly submitted application of yours, which application is completed and submitted through the Website and which submission constitutes your unconditional acceptance of the Agreement.

    4. You may not use the Services and may not accept the Agreement if (a) you are not of legal age to form a binding contract with us, or (b) you are not permitted to receive any Services under the laws of the jurisdiction in which you reside or from which you use the Services.

    5. You acknowledge and agree that we may amend any part of the Agreement at any time by posting the relevant amended and restated Agreement on the Website.  By continuing to use the Services or the Website, you agree that the amended Agreement will apply to you.

    6. If we have posted or provided a translation of the English language version of the Agreement in any other language, you agree that such translation is provided for convenience only and that the English language version will govern your uses of the Services or the Website.

    7. You may be required to enter into a separate agreement, whether online or offline, with us and/or any of our affiliates towards the provision of any Service (“Additional Agreements”).  If there is any conflict or inconsistency between the Agreement and an Additional Agreement, the Additional Agreement shall take precedence over the Agreement only in relation to that Service concerned.

    8. The Agreement may not otherwise be modified except in writing by a person duly authorized by us to do so.    

  2. Provision of Services

    1. You must register as a Member on the Website in order to access and use some Services. Further, we reserve the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Members or subject to other conditions that we may impose in our discretion.

    2. Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Members. We may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Members.

    3. We may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Members in enjoying that Service.

  3. Members Generally

    1. As a condition of your access to and use of the Website or Services, you agree that you will comply with all laws and regulations applicable when using the Website or Services.

    2. You agree to use the Website or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings available on or through the Website (the “Website Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with we, or otherwise commercially exploiting the Website Content. Systematic retrieval of Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from we is prohibited. Use of any content or materials on the Website for any purpose not expressly permitted in the Agreement is prohibited.

    3. We may allow Members to access to content offered by third parties through hyperlinks, API or otherwise. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Website. You acknowledge that we have no control over such third parties’ web sites, do not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content made available on such web sites.

    4. You agree not to undertake any action to undermine the integrity of our computer systems or networks and/or any other Member, nor to gain unauthorized access to such computer systems or networks.

    5. By posting, providing or displaying any information, content or material (“Member Content”) on the Website or providing any Member Content to us or our representative(s), towards your registration as a Member or towards receiving any or all of the Services you represent, warrant and agree that such Member Content is true, accurate, complete and lawful.

  4. Member Accounts

    1. You must be registered on the Website to access or use some Services. Except with our approval, each Member may only hold one account on the Website. We may cancel or terminate a Member’s account if we have reasons to suspect that the Member has concurrently registered or controlled two or more accounts. Further, we may reject your application to become a Member for any reason.

    2. Upon registration on the Website, we shall assign an account and issue a member ID and password (the latter shall be chosen by you) to each registered Member.

    3. A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person. You agree to notify we immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

    4. You agree that all activities carried out under your account, in your name and in relation to your details and/or profile are made by you and we shall at all times be able to rely and rely on such warranty.

    5. You further represent, warrant and agree that you shall:

      1. carry on your activities on the Website in compliance with any applicable laws and regulations;

      2. carry on your activities in accordance with the Agreement and any applicable Additional Agreements;

      3. not use the Services or Website to defraud any person;

      4. not impersonate any person;

      5. not engage in spamming or phishing;

      6. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability,  etc) or encourage or abet any unlawful activities;

      7. not copy, reproduce, exploit or expropriate the Website Content;

      8. not engage in any scheme to undermine the integrity of the data, systems or networks used by we and/or any user of the Website or gain unauthorized access to such data, systems or networks;

      9. not engage in any activities that would otherwise create any liability for us or our affiliates.  

    6. Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Website and Services are in compliance with the same.

    7. We reserve the right in our sole discretion to remove, modify or reject any Member Content that you submit to, post or display on the Website which we reasonably believe is unlawful, violates the Agreement, could subject us or our affiliates to liability, or is otherwise found inappropriate in our opinion.

    8. If any Member breaches any Terms or if we have reasonable grounds to believe that any Member is in breach of any the Agreement, we shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. We shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by us.

    9. You agree to indemnify us, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) however such may arise.

  5. Limitation of Liability

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY US ON OR THROUGH THE SITE ARE PROVIDED “AS ARE”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WE HEREBY WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF QUALITY, SUITABILITY, RESULTS, ACCURACY, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY PARTICULAR INDIVIDUAL. ANY LIABILITY IN RELATION TO SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS IS HEREBY EXCLUDED.

    2. Any material downloaded or otherwise obtained through the Website is done and used at each Member’s sole risk and each Member is solely responsible for any damage to we’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from we or through or from the Website shall create any warranty not expressly stated herein.

    3. The Website may make available to you services provided by independent third parties.  No warranty or representation is made with regard to such services or products.   In no event shall we or our affiliates be held liable for any such services.

    4. Each Member hereby agrees to indemnify us, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member’s use of the Website and/or Services or from your breach of any of the terms and conditions of the Agreement. Each Member hereby further agrees to indemnify and keep us, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member’s breach of any representations and warranties made by Member to us.  

    5. Each Member hereby further agrees to indemnify and save us, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third party claimants or other third parties relating to services offered or displayed on the Website.

    6. We shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

      1. your use or the inability to use the Website or Services;

      2. any defect, error or fault in the Services;

      3. unauthorized access by third parties to data or private information of any Member;

      4. statements or conduct of any Member of the Website; or;

      5. any matters relating to Services however arising, including negligence.

    7. The limitations and exclusions of liability to you under the Agreement shall apply to the maximum extent permitted by law and shall apply whether or not we has been advised of or should have been aware of the possibility of any such losses arising.

    8. The Website Content, including, without limitation, the Services, is for informational purposes only. Neither the Website Content nor the Services are intended to be a substitute for professional advice, diagnosis or treatment over any particular organic, biological, physical and/or mental circumstances and/or condition. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your personal physical and/or mental circumstances, including, without limitation, a medical condition and/or any symptoms. You should not under any circumstances rely on any of the Content in relation to any particular organic, biological, physical and/or mental circumstances you may be aware of or not aware of.

    9. While the Website provides general well-being information, none of its Content constitutes, nor should you under any circumstances rely upon any of the Conent, in relation to any particular organic, biological, physical and/or mental circumstances you may be aware of or not aware of. Reliance on any of the Content for any purposes is at your own risk solely.

    10. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

    11. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date, suitable for use in relation to any particular circumstances, conditions or factual background.

  6. Price and Payment

    1. The price you shall be bound to pay in consideration of receiving the Services will be duly notified and provided to you in the course of your application to register as a Member. Our Services’ prices may change at any time.

    2. These prices include VAT. However, if the rate of VAT changes between the date of your registration as a Member and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

  7. Events Outside our Control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.

    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

  8. Your Rights to Cancel and Refund

    1. Before we begin to provide the Services, you have the following rights to cancel any provision of our Services requested:

      1. You may cancel any Services at any time before the start date for the Services by contacting us. We will confirm your cancellation in writing to you.

      2. If you cancel any payment under clause (a) above and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

      3. However, if you cancel Services under clause (a) once you have already used the Services, we will charge an amount equal to the proportion of your payment for one (1) calendar month, which charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you.

    2. Once we have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing us with at least ten (10) calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.

  9. General Provisions

    1. Subject to any Additional Agreements, the Agreement constitutes the entire agreement between you and us with respect to your use of the Website and Services, superseding any prior agreements in relation to the same subject matter herein.

    2. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

    3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    4. Our failure to enforce any right or failure to act with respect to any breach by you under the Agreement will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches.

    5. We shall have the right to assign the Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in the Agreement to any person or entity (including any affiliates of us). You may not assign, in whole or part, the Agreement to any person or entity.

    6. The Agreement shall be governed by the laws of Cyprus without regard to conflict of law provisions. The parties to the Agreement hereby submit to the exclusive jurisdiction of the courts of Cyprus.