Terms & Conditions - Best Body Co

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

The Best Body Co. website allows users to receive information about Best Body Co. (including e-mail newsletters), interact with other members or visitors to the Best Body Co. website, and register interest for services offered at Best Body Co. facilities. The services (“Best Body Co. Services”) offered by Best Body Co. include but are not limited to the www.bestbodyco.com website, which is hosted in the United Arab Emirates.

These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the Best Body Co. Services. By using the Best Body Co. Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Best Body Co. website) or you are a “Member” (which means that you have registered with Best Body Co. and/or purchased one or more Best Body Co. Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Best Body Co. Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Best Body Co. website and discontinue use of the Best Body Co. Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

TERMS OF USE

YOUR ACCEPTANCE

By using and/or visiting this website, you signify your agreement to these Terms of Service, as well as Best Body Co.’s Privacy Policy (found at www.bestbodyco.com and incorporated herein by reference). If you do not agree to any of these terms or the Best Body Co. Privacy Policy please do not use the Best Body Co. website.​

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.bestbodyco.com. Best Body Co. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

BEST BODY CO. WEBSITE

These Terms of Service apply to all Users of the Best Body Co. website. The Best Body Co. website may contain links to third party websites that are not owned or controlled by Best Body Co. Best Body Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, Best Body Co. will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Best Body Co. from any and all liability arising from your use of any third party website.

Accordingly, we encourage you to be aware when you leave the Best Body Co. website and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the Best Body Co. website these Terms of Service shall no longer govern.

BEST BODY CO. ACCOUNTS

In order to access some features of the website, you will have to provide Best Body Co. with your email address. You may never use another person’s email address without permission. When submitting your email address and personal details, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account when you provide your email and personal details. You must notify Best Body Co. immediately of any breach of security or unauthorized use of your account.

Although Best Body Co. will not be liable for your losses caused by any unauthorized use of your email account, you may be liable for the losses of Best Body Co. or others due to such unauthorized use.

GENERAL TERMS

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Best Body Co. Services or the website,
you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

These Terms of Service shall remain in full force and effect while you use the Best Body Co. Services or are a Member. You may terminate your membership at any time, for any reason, by informing Best Body Co. in writing via email at hello@bestbodyco.com. Best Body Co. may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that Best Body Co. charges fees for its services, and Best Body Co. reserves the right to change its fees from time to time in its discretion. If Best Body Co. terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

MEMBERSHIP

i. Membership is for the sole use of the registered applicant and is non-transferable and non-refundable if less than 72 hours notice is given to Best Body Co. prior to the 6 in 4 Challenge start date, known as the Orientation Session.

ii. Once the Challenge has commenced (Orientation Session), first-time members (defined as those who have registered for their first cycle of the 6 in 4 Challenge) are eligible for a refund of up to a maximum of AED 999 from Best Body Co. if they lose more than 6kg in the 4 week challenge period, as defined by the start and end dates by Best Body Co., referred to as the Orientation Session and Final Check-in. These dates are published on the website at www.bestbodyco.com/6in4 and presented to members at the Orientation Session. The weigh-in will be conducted by Best Body Co. using the same weight measurement tool to ensure accuracy and the decision will be made at the discretion of Best Body Co. whereby the decision will be final. If a member has registered and paid for a repeat cycle, if they lose 6kg or more within the challenge period, they will not be entitled to a refund as per the terms and conditions form signed at the Orientation Seminar. Participation in subsequent cycles by existing members will not be entitled to a refund or their money back when attempting the Challenge on multiple cycles thereafter.

iii. Membership entitles Members to participate in timetabled Exercise Classes which are held inside or directly outside various facilities. We offer different types of membership and the types of memberships offered by us may change from time to time.

iv. Contact Best Body Co. at hello@bestbodyco.com if you would like further details of different types of membership that are available. Each category of membership has different restrictions, conditions and benefits. These membership options are provided at the Information Seminar.

v. All new memberships are subject to the completion of a membership application form and subsequent approval of Best Body Co. management. Acceptance of an application for Membership to the facility is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws).

vi. Membership fees are payable in advance via cash payment or direct transfer. Details provided at Information Seminar.

vii. Membership fees are non-refundable within 72 hours of the Orientation Seminar upon registration or termination of membership regardless of reason for the aforementioned, determined at the discretion of Best Body Co.

MEMBERSHIP SUSPENSION

Group Training members may not suspend or freeze their membership as the 6 in 4 Challenge is run to a pre-agreed schedule and all sessions must be completed within the Challenge time frame of 4 weeks. Challenge dates are subject to change at the discretion of Best Body Co. and updates will be communicated at www.bestbodyco.com.

MEMBERSHIP TERMINATION

Termination of a membership can happen at any time, if Best Body Co. determines any suspicious or unethical behaviour, however, no refunds will be given.

GENERAL

i. You are respectfully requested to leave the facility punctually at time of closing. Opening and closing times are displayed in the facility reception and also on the website.

ii. With the exception of bringing water to an exercise class, you must not consume any food or drink inside the facility that you have bought in from outside. You may not bring, use or be under the influence of illegal drugs or alcohol while at the classes.

iii. Smoking is prohibited in all areas of the facilities.

iv. We reserve the right to show potential Members and other individuals the facilities or allow them access on a trial basis.

v. We reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes. By joining as a member of the 6-in-4 Challenge we also reserve the right to use your before and after transformation photos for marketing and promotional purposes and will notify you if your image has been chosen for use and publication. Your privacy and anonymity will be protected at all times and only pictures of your body will be shown for marketing purposes.

vi. You may not bring pets (other than guide dogs) into the facilities.

vii. You should conduct yourself in a well-mannered fashion when in the facility, so as not to impair the use and enjoyment of the facilities by any other person. In particular, you may not use foul, loud or abusive language, nor will you molest or harass other members, guests, visitors or members of staff.

viii. We may terminate your Membership (if applicable) and may eject you and refuse you re-entry to the facilities if you commit a serious or repeated breach of these Rules or your Membership contract (if applicable) or you engage in any other serious misconduct.

GYM & STUDIO ATTENDANCE

i. You must complete a Pre-Questionnaire before participating in any gym activity, studio or exercise class for the first time.

ii. Appropriate clean exercise clothing and shoes must be worn whilst exercising.

iii. You are asked to arrive at the facility five (5) minutes prior to any class. We reserve the right to: refuse to re-book an appointment for you if you repeatedly cancel (with less than 2 hours’ notice) or fail to keep an appointment for class bookings.

iv. You may not attend the facility whilst under the influence of alcohol or anticoagulant, antihistamines, beta-blockers, narcotics, or tranquilizers. If you have high or low blood pressure, heart disease and/or diabetes you should consult your doctor prior to becoming a member of the facility.

EXERCISE CLASSES

i. Classes must be pre-booked to ensure your place is reserved in a given class. We reserve the right to limit your participation to no more than one exercise class per day during periods of excessively high demand or popularity.

ii. Class timetables and instructors are subject to change from time to time without notice.

iii. For your safety and so as not to disturb classes, you are requested to arrive in good time. Instructors reserve the right to refuse class entrance to anyone arriving more than five (5) minutes late.

iv. Where, in the opinion of an instructor, a class is overcrowded, the instructor may restrict the number of attendees at that class. An instructor may, at any time, ask you to leave a class if you are jeopardizing the safety or enjoyment of others.

v. No more than 30 persons are permitted in any given class. Places will be given to pre-booked members before any other members. Any pre-booked members arriving late for a class, will forfeit their space.

LOCKERS (WHERE AVAILABLE)

i. Lockers are made available subject to availability. Best Body Co. does not undertake that use of a locker will guarantee that no theft of or damage to your property will occur. You should check that your household contents or other insurance policy protects you against any risk of theft.

ii. Lockers are available for use only whilst you are using the facilities at that time. Lockers must be cleared by members after each visit.

iii. Locker keys remain the property of the respective gym and locker keys must not be taken from the premises at any time. A replacement fee shall be charged for any loss of locker key.

CAR PARKING

i. We will not be held accountable for missed classes due to parking availability.

HEALTH & SAFETY

i. Participation in any of the activities at the facility or with Best Body Co. is at the members’ & guests’ own risk and as such are advised to consult a medical practitioner prior to commencing any physical exercise.

ii. Best Body Co. accepts no responsibility for loss or damage to a member’s or their guests’s property or for death/injuries sustained while participating in any activities or classes provided by Best Body Co. Members and their guests agree that no claims will be made against the company, Best Body Co., the management or staff for any reason whatsoever.

GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS

Best Body Co. hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, emailers or educational material, without Best Body Co.’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies.

​You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

Best Body Co. reserves the right to discontinue any aspect of the Best Body Co. website at any time.

YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Best Body Co. website.

The content on the Best Body Co. website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks)”, are owned by or licensed to Best Body Co., subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Best Body Co. reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Best Body Co. website or the Best Body Co. Services, provided by you to Company are non-confidential and shall become the sole property of Best Body Co.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Best Body Co. website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Best Body Co. website or the Content therein.

TRADEMARKS

The Best Body Co. and 6 in 4 Challenge logo and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Best Body Co. in the UAE and/or other countries for which applications are pending. Best Body Co.’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Best Body Co.

MOBILE SERVICES

The Best Body Co. Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Best Body Co. Services via your mobile phone, (ii) the ability to receive and reply to Best Body Co. messages, (iii) the ability to browse Best Body Co. from your mobile phone and (iv) the ability to access certain Best Body Co. features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Best Body Co. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ACCOUNT TERMINATION POLICY

Best Body Co. will terminate a User’s access to its website if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service, the Privacy Policy or any other policy of Best Body Co.​

YOU AGREE THAT YOUR USE OF THE BEST BODY CO. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEST BODY CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEST BODY CO. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE BEST BODY CO. SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEST BODY CO. WEBSITE. BEST BODY CO. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEST BODY CO. WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEST BODY CO. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE BEST BODY CO. SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND BEST BODY CO. EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BEST BODY CO. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BEST BODY CO. SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BEST BODY CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEST BODY CO. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION​

YOU SPECIFICALLY ACKNOWLEDGE THAT BEST BODY CO. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU​

The website is controlled and offered by Best Body Co. from its facilities in the United Arab Emirates. Best Body Co. makes no representations that the Best Body Co. website is appropriate or available for use in other locations. Those who access or use the Best Body Co. website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Best Body Co., its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Best Body Co. website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Best Body Co. website.​

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Best Body Co. website is not intended for children under 13. If you are under 13 years of age, then please do not use the Best Body Co. website.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Best Body Co. without restriction.

GOVERNING LAW; VENUE AND JURISDICTION

You agree that: (i) the Best Body Co. website shall be deemed solely based in Dubau, United Arab Emirates; and (ii) the Best Body Co. website shall be deemed a passive website that does not give rise to personal jurisdiction over Best Body Co., either specific or general, in jurisdictions other than Dubai, United Arab Emirates. These Terms of Service shall be governed by the internal substantive laws of the City of Dubai, without respect to its conflict of laws principles. Any claim or dispute between you and Best Body Co. that arises in whole or in part from the Best Body Co. website shall be decided exclusively by a court of competent jurisdiction located in Dubai, UAE and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenes with respect to, venue and jurisdiction in the state and federal courts of Dubai.

These Terms of Service, together with the Privacy Policy (located at and any other legal notices published by Best Body Co. on the website, shall constitute the entire agreement between you and Best Body Co. concerning the Best Body Co. website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Best Body Co.’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Best Body Co. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Best Body Co. website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BEST BODY CO. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BEST BODY CO. WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms of Service will be referred to
and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Best Body Co. website or the Best Body Co. Services, provided by you to Best Body Co. are non-confidential and shall become the sole property of Best Body Co. Best Body Co. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

QUESTIONS

Please contact us at: hello@bestbodyco.com with any questions regarding these Terms of Service.

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