Terms & Conditions

1 Introduction

1.1 Thank you for visiting www.theonlinehealthstore.co.uk (“the Website”).  The Website is operated and owned by iBodz Limited ("we", "us", "our" or "iBodz"). Our registered address is 113 Adventurer's Quay, Capital Waterside, Cardiff, Caerdydd, CF10 4NR, United Kingdom. Registered in England and Wales, Company number 06765672. In these Terms and Conditions "you" or "your" means the individual accessing the Website or using the Services (as defined below).

1.2. PLEASE MAKE SURE YOU READ THESE TERMS AND CONDITIONS ("Terms") in conjunction with the Disclaimer and the Privacy Policy on the Website, as both the Disclaimer and the Privacy Policy are incorporated in to these Terms and it is important that you read and understand the Disclaimer and Privacy Policy in addition to these Terms as you will be bound by these in your arrangements with us. By accessing the Website or using the Services, you are agreeing to be bound by these Terms, as well as the terms of the Disclaimer and the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, then you must immediately cease using the Website and/or Services.

1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.

1.4 The Website and Services are not intended to be accessed or used by anyone under the age of 18. By accessing the Website and/or using the Services, you represent and warrant that you are at least 18 years old. It you are not at least 18 years old, you may not access the Website or use the Services. We have the right to block or terminate your access to the Website or Services in the event that it becomes aware that you are under the age of 18

2 Privacy Policy

2.1. We take your privacy very seriously and agree to only use your Personal Information in accordance with our Privacy Policy set out on this Website. Please read our Privacy Policy to see how we use your Personal Information.

3 Links

3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.

3.2. We are happy for you to link to our Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to our Website must not:
3.2.1 change, alter or distort any content on the Website;
3.2.2 misrepresent its relationship, or present false information about iBodz and/or any third parties referenced on the Website or information regarding other Members;
3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive.
If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.

4 Description of Services

4.1 We provide you with a number of online resources, including but not limited to search functionalities using key words or product categories, content, buyer's guides, shopping merchant and product reviews and other communication tools (the "Services") to allow you to find and compare listed products offered on the websites of a number of third parties (the "Merchants").

4.2 The results of user searches are not exhaustive in respect of all offerings available on the Internet, and are derived from data compiled by us from the Merchants listed by it. The default order of presentation of offerings provided may depend on several factors, according to the type of search carried out:
4.2.1 if you search by category, only those offerings from Merchants who have paid to be listed are likely to appear and the default classification mainly depends on the price paid by these Merchants.
4.2.2 If you carry out a search via the search box (i.e. key word), the offerings from all Merchants listed (either in return for payment or free of charge) on the Website may appear and, in addition to the price paid, other criteria are taken into account in the default classification of offerings: popularity, relevance of the data of the Merchants listed in relation to your query or the response time of the Merchants' website.

4.3 The data is refreshed at intervals, depending on its type: this interval varies according to the Merchants.

4.4 If you wish to buy the listed product you have selected, you should visit the website of the Merchant of your choice. When you use the services offered by a Merchant, and in particular, when you visit their website via a link from the Website to buy a particular product from it, you are bound by their terms and conditions of use.

4.5 We are neither acting as agent for such Merchants nor selling, reselling nor licensing listed products. We will not be party to any transaction or contract with any Merchant that you may enter into for the purchase of listed products and we have no liability in respect of listed products. You agree that you will contact the Merchant or seller of the products directly in relation to questions, complaints or disputes you have in respect of any products and you will not involve us in any dispute between you and any third party.

4.6 We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (for example, classified advertisements). We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.

4.7 We offer free product information and buyers' guides and allow you to read reviews and write your own reviews on the products and Merchants listed on the Website ( "User Reviews"). User Reviews are subject to special terms and conditions. Please read Merchant Reviews and Product Reviews for further information.

5 Our content

5.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by iBodz or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by iBodz with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.

5.2 We provide product descriptions, pricing information, commentary, user reviews and other content ( "Website Content") in relation to products listed on the Website. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.

6 Your content

6.1 You acknowledge that you are responsible for all information, data, text, software, photographs, graphics, video, messages and other materials ( "User Content"), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the Website and/or Services.

6.2 You own any copyright to any User Content you post via User Reviews within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website, or as part of an edited compilation anywhere in the world.

6.3 We shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any User Content that is available via the Services that violates the Terms of Use or is otherwise objectionable.

6.4 Please be aware the posting of information via User Reviews of the Website is the opinion of the person posting them only and in no way reflects our opinions or attitudes. We operate an open User Reviews and sometimes messages are posted that could be misleading. You should therefore not rely on information posting within User Reviews as accurate or complete. If you do, you do so at your own risk.

6.5 We do not monitor the use of User Reviews, but reserve the right to do so. We heavily rely on you to inform us if you spot any abuse or inappropriate behaviour. If this is the case we will review specific postings and have the right to remove comments and/or postings which are in contravention with the terms of use of the Website, in accordance with these Terms and the Disclaimer / Privacy Policy.

7 Liability

7.1. Please see our separate document which details our Disclaimer in relation to the Website.

7.2 iBodz shall operate the Website and provide the services set out on the Website with reasonable skill and care.

7.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction you may suffer in connection with the Website and/or services of iBodz.

7.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.

7.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.

7.6 By agreeing to these Terms, you agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and your use of the Website or actions in relation to the Website.

8 General

8.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

8.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.

8.3 These Terms, and any document referred to herein, represent the entire agreement between us and you for the provision of any Services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the Services. You acknowledges that, in entering into the contract with iBodz on these Terms, that it has not relied upon any representation, undertaking or promise by iBodz or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Member shall have no remedy in respect of any untrue statement made by iBodz, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Member’s only remedy shall be for breach of contract as provided in these Terms.

8.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.

8.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.  The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.

Updated: 13.11.09