Terms in relation to Beta Testing

We provide this service to you at no charge for the purpose of your beta testing the service. Consequently, we are under no liability to you in any way in connection with the service and the following terms apply to beta testing.

ODBODY TERMS OF USE

This Site belongs to Odbody.

• 1. General
  • 1.1 In these Terms:
    • 1.1.1 "Service" means the Service as set out in the Description of Service section below;
    • 1.1.2 “Site” means the website at www.odbody.com; and
    • 1.1.3 "we" and "us" means Odbody Limited a company incorporated in England under registered number 6670531 and of [ ]
  • 1.2 In these Terms, headings are for construction only and do not affect the meaning of the Terms.
  • 1.3 We agree to provide our Service to you on the following Terms. These Terms constitute a contract between you and us and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing.
  • 1.4 We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by publishing the revised Terms on this Site. By continuing to use the Service after such publication you agree to be bound by such changes.
  • 1.5 To use the Service you must be at least 16 years old. By using the Service you are confirming to us that you are that age. Any use of the Service below that age is prohibited.
• 2. Our Obligations
  • 2.1 In accordance with these Terms and the Description of Service, we will store your information on our system and make available such information for access. We will ensure the amendment of your information only in accordance with your instructions.
  • 2.2 We agree to keep confidential any matter which is either indicated by you as being confidential or which is clearly of a confidential nature.
• 3. Your Obligations
• General
  • 3.1 You agree to complete our standard registration process before using the Service.
  • 3.2 You agree that you will be responsible for all use of the Service made using your user name and password. You will protect and secure your user name and password against unauthorised use.
  • 3.3 You agree to inform us immediately if at any time you believe your user name and password may be being used by unauthorised persons.
  • You agree not to (i) rent, lease, assign or loan the Service (ii) transmit electronically the Service over a network (except as necessary for your licensed use of them) or (iii) use the Service in any way not expressly provided by these Terms.
  • 3.5 You agree to use the Service personally and for non-business use only, in accordance with these Terms and only for lawful purposes, and you agree to comply with any law or regulation that is applicable to you.
  • 3.6 You acknowledge that we cannot be responsible for content that others put up on the site. We simply provide a place where people may post their content. If you see anything on the site that concerns you please tell us straight away. We do not monitor content and so we are reliant upon people reporting matters to us before we can take action.
  • 3.7 You should exercise the same level of caution in judging what you see on the Site as you would do if you were offline.
  • 3.8 You indemnify us against all loss suffered by us as a result of any breach by you of these Terms.
  • 3.9 Without prejudice to clause 3.4, you agree not to send unsolicited commercial communications to other users of this Site without their prior consent.
  • Intellectual Property
  • 3.10 You acknowledge that you are solely responsible for the content of your submissions and we accept no liability in relation to such content. You confirm that any content of your submissions will not infringe the intellectual property rights of any third party and will not violate the laws or regulations of any country which may have jurisdiction over such use.
  • 3.11 You agree to give us prompt notice of any claim made against you for infringement of copyright in connection with your use of the Service.
  • 3.12 You agree that we have the right to defend any such claims and to make settlements of them at our discretion and that you will give such assistance as we may reasonably require to settle or oppose any such claims.
  • 3.13 If such an infringement occurs we may (at our option) modify the Service or the infringing part so that it becomes non-infringing, without (as far as possible) downgrading the performance of the Service.
  • 3.14 You agree not to make any unauthorised use of material on this Site (including photographs and graphical images), the copyright and any other intellectual property rights of which are owned by Odbody or its licensors.
  • 3.15 No part of this Site may be reproduced or stored on any other website or included in any public or private retrieval system or service without Odbody’s prior written authority.
• 4. Advertising
• This Site carries and links to other websites considered of general interest or relevance. Odbody does not either expressly or by implication endorse the goods or services of any advertiser or externally linked website.
• 5. Disclaimers
  • 5.1 We will supply the Service with reasonable skill and care. However, we do not warrant that the functions contained in the Service are error-free or continuous. Access to this Site may be suspended without notice for any period as a result of system failure, maintenance or repair or for any other reason. We accept no responsibility for any problem caused by a defect in the Service or a technical malfunction.
  • 5.2 Our liability to you under this contract shall not exceed £10,000. Furthermore we will not be liable for any indirect, economic or consequential loss of whatever nature (including, without limitation, loss of data, loss of profit, wasted management time, loss of business opportunity, loss of goodwill and computer downtime), whether caused by breach of contract, breach of statutory duty, negligence or otherwise.
  • 5.3 Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for personal injury or death resulting from our negligence. If you are a consumer, nothing we say affects your statutory rights.
  • 5.4 We will not be held responsible should the Service fail to meet your requirements as a result (directly or indirectly) of your breach of these Terms.
  • 5.5 We do not warrant that the information accessible via this Site is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.
  • 5.6 We accept no representation as to security, quality or propriety of websites to which there are links on this Site. We accept no liability in any way for any loss suffered by you in relation to your use of other websites. Such other websites are subject to separate terms, which should be read before you use those websites.
  • 5.7 We make no warranty that this Site is free from viruses or defects, compatible with your equipment or fit for any purpose. You must take all appropriate steps to protect your software, hardware and any other interests by using the appropriate anti-virus and firewall precautions as well as any other available precaution.
• 6. Disputes
• If any dispute arises out of this contract the parties will attempt in good faith to negotiate a settlement. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. (See www.cedr.co.uk). Unless otherwise agreed, the mediator will be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
• 7. Termination
  • 7.1 Unless otherwise specifically agreed, either party can terminate this contract at any time by giving 1 week’s written notice to the other.
  • 7.2 Both you or us will be entitled to terminate this contract immediately, by written notice to the other, if the other commits any breach of these Terms.
• 8. Enforcement
• The failure by us to enforce any of these Terms will not be deemed as a waiver of the right to enforce such term or condition.
• 9. Law
• These Terms will be governed by English Law and you and we submit to the exclusive jurisdiction of the English Courts.