Terms and Conditions

Body in Balance Limited is a company incorporated in England and Wales and has its registered office at Centre Point, 11th Floor, 103 New Oxford Street, London, WC1A 1DD (BIB). BIB’s company number is 06253069.

BIB’s terms and conditions of use (Terms) set out its legally binding terms for your use of the website. By using BIB’s website, you agree to be bound by BIB’s Terms, whether you are a visitor (which means that you simply browse our website) or you are a member (which means that you have registered as a user). BIB may modify these Terms from time to time, and such modification is effective upon posting on any part of the website. You agree to be bound by any modification to these Terms when you use any part of the website after any modification is posted. It is important that you review the Terms regularly.

The contents of the pages of this website are for your general information and use only, and are subject to change without notice.

Unauthorised use of this website may give to a claim for damages or could amount to a criminal offence. Your use of this website and any dispute arising out of the use of the website is subject to the laws of England and Wales.

Membership obligations

By registering and becoming a member you are agreeing to the Terms. In consideration of your use of the website, you represent that you are eighteen years of age or older, and of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are younger than eighteen years of age, you are required to have your parent or legal guardian act on your behalf.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our website (Registration Data) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the website (or any part of it) at any time. Membership on our website is void where prohibited by 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, made available to any other person or otherwise exploited for any other purposes whatsoever without the prior written consent of BIB, which reserves all rights not expressly granted in and to the website and the content. In particular, you may not use the website for (a) disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws; (b) transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice; (c) interfering with any other person’s use or enjoyment of the website; or (d) making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. If you breach this provision, you will be responsible for any losses and costs resulting from your breach.

You may access the website and content as available for streaming our content. Streaming means a contemporaneous digital transmission of an audio-visual work via the internet from the BIB website via technology platforms Brightcove and Invideous to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing website videos for any purpose or in any manner other than streaming is expressly prohibited except where available for sale in digital download format.

We reserve the right to suspend, restrict or terminate your access to this website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.

We do not guarantee that the website or any of the content available from it is virus free. We strongly recommend that you install virus protection software on your computer.

Membership registration requirements

If you register on our website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BIB of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. BIB will not be liable for any loss or damage arising from your failure to comply with these Terms.

Members may not share, give or sell their password or username to any other person or company. Excessive viewings or logins by any member may be construed by BIB as fraudulent use of services, which will result in the immediate cancellation of membership without refund. When applying for membership you agree to take all actions possible to protect your username and password from fraudulent use. BIB reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

Membership fees and charges

One month memberships are billed monthly. All memberships are renewed automatically until cancelled. There are no minimum obligations and members may cancel at any time. Membership must be cancelled prior to the renewal date in order to end membership charges.

At times, special prepaid membership packages will be available for purchase. Unless otherwise noted, special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be cancelled prior to the renewal date in order to end membership charges. Any membership package can be upgraded or extended with prepaid packages offered via the Invideous in-player billing options or with special membership package voucher codes. With any upgrade or extension to membership plans, the upgrade or membership extension payment will be initiated at the time of the upgrade or extension and the new membership time credit will be automatically applied to the existing membership renewal or end-date.

Subscription fees and gift certificates are charged in GBP Sterling currency. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.

All membership and download fees are charged in British Pound Sterling currency. Depending on your location and credit card institution, you may incur additional international currency fees applied by your card institution.

Returns and refund policy for memberships

Viewing video and audio material on the site requires broadband access. Please review the system requirements to ensure that membership practices can be accessed before purchase.

Full refunds for membership, download and rental purchases can be provided only within 30 days of purchase. No refunds will be made after 30 days of subscription or gift certificate purchases.

Prohibited conduct

The website may not be used in connection with any commercial purposes, except as specifically approved by BIB. Unauthorised framing of or linking to any of our website is prohibited. You acknowledge that our website and software within our website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BIB and any content providers who provide content to BIB. You agree that you will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our website.

You agree not to use or launch any automated system, including but not limited to, robots, spiders, or offline readers, that accesses the website in a manner that sends more request messages to the BIB servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Disclosure

You agree that BIB may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with the law; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of BIB, its members and the public to the extent that it is able by law. Under no other circumstances will BIB intentionally disclose your account information to any third party other than in accordance with the law.

Intellectual property

The content on the website, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and copyrights, trademarks, service marks and logos are owned by or licensed to BIB. Reproduction is prohibited without BIB’s consent. BIB reserves the right in its sole discretion to immediately suspend or terminate access to the website by any user who is alleged to have infringed the intellectual property rights of BIB or of a third party, or otherwise violated any intellectual property laws or regulations. BIB investigates any allegations of intellectual property infringement brought to its attention.

Disclaimers

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors.

Your use of any information or materials on this website is entirely at your own risk, for which we are not liable. BIB and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use of it. BIB makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of the content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) any unauthorised access to our use of our secure servers or any and all personal information or financial information stored in accordance with the Data Protection Act, (d) any interruption or cessation of transmission to or from our website, (e) 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 website.

BIB does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and BIB 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 judgement and exercise caution where appropriate. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements.

BIB accepts no responsibility for any loss, delay or defect in any entries as a result of any interruption to its internet services, web pages, products and the software that allows users to access and use the content offered by BIB (Web Services), telecommunications or any type of communications whatsoever in any form.

BIB does not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law. Nothing in these Terms will exclude or limit any of your rights under law as a consumer.

Subject to the foregoing, BIB will have no liability arising out of or in connection with your use of this website or its non-availability or your purchase of any product, service or content through this website for (a) any business losses (such as loss of profits, business, contracts or goodwill); (b) any events outside our reasonable control; or (c) any unforeseeable losses or damages.

Terms for purchasing BIB products

All products are subject to availability. If on receipt of your order the products you have ordered are not available in stock, BIB will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the products.

The description, specification and price of the products you order will be as shown on BIB’s website at the time you place your order.

BIB’s policy is to improve its products continually, and so reserves the right to make minor technical changes to the specification of the products without affecting their function, quality or price.

Every effort will be made to ensure that prices shown on BIB’s website are accurate at the time you place your order. If an error is found prior to despatch of the products, BIB will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, BIB will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the products.

In addition to the price, you will be required to pay a delivery charge for the products, as shown in the section of BIB’s website about delivery. The price of the products and delivery charges are inclusive of VAT, where applicable, as shown on BIB’s website.

Where the products are supplied for export from the United Kingdom, you will be liable for shipping and insurance charges as agreed with BIB, and responsible for complying with any legislation or regulations governing the importation of the products into the country of destination and for the payment of any duties on them.

Your right of Cancellation

If you are a consumer, you have the right to cancel the contract for the purchase of any products at any time up to the end of seven working days after you receive the products. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.

To exercise your right of cancellation, you must give written notice to BIB by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the products ordered and (where appropriate) their delivery.

If you exercise your right of cancellation after the products have been delivered to you, you must return the products to BIB at your own cost, in unused and otherwise re-saleable condition. The products must be returned to the address shown below. You must take reasonable care to ensure the products are not damaged whilst in your possession or in transit.

Once you have notified BIB that you are cancelling the contract, BIB will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the products.

If you do not return the products as required, BIB may charge you for the direct costs of recovering the products.

You do not have the right to cancel the contract if the order is for audio or video recordings or computer software which have been unsealed by you, or for products which by their nature cannot be returned or are liable to deteriorate or expire rapidly, or for the downloading of any BIB content. We will notify you at the time your order is accepted if this applies.

Terms for downloading BIB content

Once you have registered as a member, you can purchase BIB content from the website for downloading, on the following terms.

The price payable for any download is as set out as advertised on the website. All prices include VAT unless otherwise stated. We reserve the right to change the prices of downloads from time to time.

Payment can be made by any method of payment shown on the checkout page within the Subscription Video on Demand player.

Our e-mail receipt for your purchase of BIB content brings into existence a legally binding contract between you and BIB. If we cannot accept your purchase of credit or BIB Content for any reason, will notify you as soon as possible by e-mail. You are not able to cancel your purchase of any BIB content after you have downloaded it.

While we will send you an e-mail notification of every valid purchase we receive from you, we cannot guarantee that the notification will be received by you, or that it will be legible and uncorrupted.

You agree to use any BIB content downloaded from the website for your non-commercial personal use only, on the computer to which it is downloaded and no more than one other computer.

You agree that you will not circumvent any technological protection measures in whatever form incorporated with your download from the website and will not encourage or permit others to do so. You will not reverse engineer any technological protection measures incorporated with any Content.

You must not use any BIB content for any commercial activity of any sort.

You must observe and comply with all applicable laws to download any BIB content from the website.

Competitions

By entering competitions offered by BIB (Competitions), entrants agree to be bound by these Terms.

To the extent there is any inconsistency between these Terms and the rules specific to a particular competition which are displayed on the webpage containing the competition (Rules), the latter prevails. Additional eligibility requirements may be set out in the Rules.

BIB reserves the right to disqualify an entrant if it has reasonable grounds to believe the entrant has breached any Terms or the Rules.

In the event that there is any dispute in respect of these Terms, the Rules, and all matters related to the conduct and results of the Competition, BIB’s decision will be final and binding and BIB will not enter into any discussion or correspondence at any time.

BIB employees, consultants, their family members and any employees or consultants of any company associated with the Competition and their family members are not eligible to enter the Competition and BIB reserves the right not to award the prize if BIB is aware, or has reasonable grounds to consider that the winner is ineligible.

Entrants warrant that: (a) by entering the Competition, all information submitted to BIB is accurate. BIB reserves the right to verify the accuracy of any such information; and (b) information submitted to BIB does not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything misleading, deceptive, defamatory, indecent, harassing or threatening.

Unless stated otherwise in the Rules: competitions are open to residents of the United Kingdom only; competitions are open to people 18 years and older, and entrants warrant that, by entering the Competition, they are 18 years and older; winners are chosen randomly from all correct entries within 2 weeks of the closing date of the Competition; prizes are non-transferable and non-exchangeable and there are no cash or credit alternatives available, but BIB reserves the right to substitute prizes or equal or greater value at any time; all expenses, including but not limited to, taxes, insurances, transfers, spending money and meals are the sole responsibility of the winner.

Where a winner has been selected and BIB has reasonable grounds to suspect that the winner has used any process or software to make multiple entries, BIB may select another winner using the same criteria upon which the first winner was selected.

Where BIB notifies a winner of success, and the winner fails to reply in the time specified in the Rules or in the written notification sent to a winner by BIB notifying the winner of the prize (Notice), BIB will be entitled to disqualify the winner and select an another winner using the same criteria upon which the first winner was selected.

Where a Competition is offered using a premium rate telephone call, the Rules will include details of the estimated length of the call, its anticipated cost, and any other information that may be required to be displayed under any relevant legislation or governing body rules from time to time. Where entry is made by premium rate telephone call, entries may also be made via the BIB website. Where entry is made by premium rate telephone call, entries may also be made by post in writing to [Name of Competition], Body in Balance TV, 11th Floor, Centre Point, 103 New Oxford Street, London, WC1A1DD, to be received by the closing date set out in the Rules.

BIB reserves the right to amend or cancel any Competition offered by BIB, without notice in the event of any Force Majeure which includes but is not limited to any of the following: war; insurrection; riot; civil disturbance; acts of terrorism; fire; explosion; flood; theft, malicious damage, strike, lock-out, third party injunction; national defence requirements, acts or regulations of national or local governments; inability to obtain essential fuel, power, raw materials, labour, containers or transportation, accident, malfunction of machinery or apparatus, denial of export or import licences; or any other cause beyond the reasonable control of the parties. BIB is not liable to any corporation or individual for failure to perform any obligation under the Terms or Rules to the extent that the failure is caused by any of these events.

BIB will use personal data of entrants solely in accordance with the Data Protection Act 1998, and its privacy policy.

The construction, validity and performance of these Terms and of the Rules are governed by the laws of England and Wales.

BIB is not responsible for compliance with any local laws if its Web Services are accessed outside of the United Kingdom.