1.     Acceptance of Terms

1.1   Thank you for accessing this website (http:// www.bodibra.com)(here after called “Bodibra Site”).  You are subject to the following rules and regulations (the “Rules & Regulations”) for browsing and using the services provided by this website, which may be updated by us from time to time without notice to you.  You can view the most current version of the Rules & Regulations at any time at [              ]. My Heart Bodibra Limited (“Bodibra”) requires all its visitors and users to follow and strictly comply the Rules & Regulations.  Each time when you access the Bodibra Site you are deemed to have agreed to accept the Rules & Regulations including the latest version at the time of access.

1.2   Each time when a person under legal age accesses Bodibra Site, his/her parents (or legal guardians) are deemed to be aware of the Rules & Regulations and have agreed to accept and comply with the same and its latest version.  

  • Provision of Services

2.1   Bodibra provides variety of services to users, including but not limited to shopping services, bonus points exchange services, forums, latest product information, etc. (“the Service”).  You understand and agree, the Service is provided on “as-is” basis and Bodibra assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  Bodibra has the absolute discretion to suspend the whole or part of the Service without prior notice to you. You are responsible for all necessary equipment to access the Service.

2.2   You are not allowed to reproduce, keeping duplicate, copy, sell, resell or use for any kind of commercial purposes, the Service (including your user account number maintained with Bodibra Site) or any part thereof, use of the Service, or access to the Service.

2.3   You are Bodibra has the right at any time with or without notice modify or discontinue, temporarily or permanently, the Service or any part of it and Bodibra shall not in any way be liable to you or to any third party in relation thereto.  

3.     Your Registration Obligations

If you wish to use the Service, you must agree to and perform the followings :

  • access to the registration webpage of Bodibra Site, provide true, accurate, current and complete information about yourself as prompted by the registration form (“the Registration Data”)；
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times.  If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or Bodibra has reasonable grounds to suspect such information is untrue, incorrect, not current or incomplete, Bodibra is entitled to suspend or terminate your user account and/or membership and refuse any and/or all your current or future use of Bodibra Site and/or the Servicee.

4.     Member account, password and security

4.1   After completing the registration process set out in Clause 3 above, Bodibra Site will create a personal account for you and you will receive a password for it.  You have the responsibility to maintain the security of the password and account, you must also be fully responsible for all activities that occur under your password or account.  You agree to the followings :

  • when you become aware of any unauthorized use of your password and/or account or any other security problem, you must notify Bodibra immediately;
  • each time when you complete your use of Bodibra Site and/or the Service, you must exit from your account.

4.2   Unless there is proof of negligence in the management of Bodibra Site and/or the Service by Bodibra, Bodibra cannot and will not be responsible for any loss or damage resulted from the improper or unauthorized use of your password and/or account.

4.3   You agree that Bodibra may access, preserve and disclose your account information and Content as required by law or regulations or if Bodibra reasonably considered to be necessary in the following circumstances without being obliged to obtain your consent

  • respond to allegations that any Content infringes third party’s rights;
  • respond to your request for service; or
  • protect the properties, rights or personal safety of Bodibra, users of Bodibra Site and the public.

You agree that Bodibra may access, preserve and disclose your account information and Content as required by law or regulations or if Bodibra reasonably considered to be necessary in the following circumstances without being obliged to obtain your consent : 

  • comply with legal process or carry out court order;
  • enforce the Rules and Regulations;
  • respond to allegations that any Content infringes third party’s rights;
  • respond to your request for service; or
  • protect the properties, rights or personal safety of Bodibra, users of Bodibra Site and the public.

5.     Online Transaction

When you request to order or exchange products through Bodibra Site, you agree that the information of the electronic transaction as shown on the Bodibra Site being the standard of the transaction.  Bodibra has the right of final decision for whether to accept or refuse to trade with you without being required to provide any explanation. 

6.     Member’s Conduct 

6.1   Your understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated.  Therefore, Bodibra Site will not assume any responsibility relating to the Content, and you must take full responsibility for all Content you have uploaded, posted, transmitted or otherwise made available via Bodibra Site or the Service.

6.2 You agree not to use Bodibra Site or the Service for any of the following purposes :-

  • upload, post, transmit or in any way make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of others’ privacy, hateful, illegal or racially, ethnically or in any way objectionable.
  • intentionally harm minors in any way;
  • forge headers or in any way manipulate identifiers in order to disguise or cover up the origin of any Content transmitted through Bodibra Site or the Service;
  • impersonate any person, organization or entity, making untrue statement or false representation of your affiliation with a person, organization or entity;
  • upload, post, transmit or in any way make available any Content that you do not have any right to make available.
  • upload, post, transmit or in any way make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary rights owned by other persons;
  • upload, post, transmit or in any way make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation.
  • upload, post, transmit or in any way make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intentionally or unintentionally violates any application laws and legally enforceable regulations; or
  • collect or store personal data of any other third party.

6.3   Bodibra has the right (but not obliged) to pre-screen the Content, and according to its judgment reject or remove any Content provided through Bodibra Site or the Service without being required to give any explanation or be responsible in any way.

7.     Privacy Policy and Personal Information Collection Statement

7.1   Bodibar collects your personal data, including your name, telephone number, correspondence address, email address, identity card number, etc. when you register to request the opening of personal account under Clause 3 above for the use of Bodibra Site or the Service.  When you sign in for the use of the Service, Bodibra will know your identity.    If you have failed to provide the requested information, which results in Bodibrabeing unable to process your request and/or provide you with your requested products and/or services, Bodibra shall not be liable therefor in any way.  Besides, Bodibra shall use the information provided by you to assess your interest in Bodibra’s products and services, and can notify you through emails of the latest information about Bodibra’s products and services.

7.2   You acknowledge and agree that Bodibra shall share your personal information with its affiliates (“the Affiliates”) or corporative partners who have signed confidentiality agreement for the following purposes : provide you with the applicable products and/or services, improve Bodibra’s services, conduct study and research, statistical analysis or provision of other services. However, the said corporative partners do not have any independent right to share your information.

7.3   Bodibra shall strictly observe and require the Affiliates and corporate partners to strictly observe the principles of confidentiality and security for protection of personal information. Bodibra and the Affiliates and corporate partners shall not disclose your personal information to any other party unless you have given your prior consent or under the following circumstances : 

  • respond to subpoenas, court orders, or legal process;
  • to establish or exercise Bodibra’s legal rights or defend against legal claims;
  • Bodibra believes it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Rules and Regulations, or otherwise as required by law.

8.     Links 

8.1   You cannot without consent Bodibra do any of the followings :- are strictly prohibited from (i) by and through any means linking the Bodibra Site; (ii) in any manner caching to link the Bodibra Site, or (iii) framing any contents of the Bodibra Site.  Bodibra reserves the right to disable any unauthorized links or frames, and specifically disclaims any responsibility for the contents available on any internet sites linked to the Bodibra Site.  You agree to be at your own risk to access the Bodibra Site from and through other internet sites.

8.2   Bodibra Site, the Service or third parties may provide links to other World Wide Web sites or resources.  You acknowledge and agree that Bodibra has no control over such sites and resources, Bodibra is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Bodibra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such Content, goods or services available on or through such sites or resources.

9.     Disclaimer of Warranty

9.1   You understand and agree :

(a)            Bodibra’s obligations under the Rules and Regulations only limited to provide the Service with reasonable technique and care.  The Rules and Regulations do not have any content, which disclaim or limit of Bodibra’s liability caused by its negligence, fraud or other liability which cannot be disclaimed or limited by reason of any applicable law resulting death or personal injury.

(b)           You shall evaluate and assume all risks in relation to any material downloaded or otherwise obtained through the use of Bodibra Site or the Service.

(c)            Unless expressly stated in the Rules and Regulations, no advice or information, whether oral or written, obtained by you from or through Bodibra Site or the Service shall create any warranty.

(d)           Bodibra and its Affiliates do not warrant :

  • Bodibra Site or the Service will meet your requirements;

(ii)     Bodibra Site or the Service will be uninterrupted, timely, secure or error-free;

(iii)    The results that may be obtained from the use of Bodibra Site and/or the Service will be accurate or reliable;

(iv)    The quality of any information, material or content obtained by you through Bodibra Site and/or the Service will meet your expectation.

(v)     Any errors in the software will be corrected.

9.2   You may encounter inconvenience in using the Bodibra Site or the Service and/or loss of any information or data when the operation system of the Bodibra Site or use of the Service is in suspension, malfunction, delay, wrong transmission or storage of data, duly resulted from various circumstances. You acknowledge and agree that Bodibra shall be at no responsibility or liability for your losses or damages arising therefrom.  You should take appropriate precautionary measures to prevent the loss of any uploaded information or message.  If you extract any information or picture from the Bodibra Site or through the use of the Service, you acknowledge and agree to be at your own risk that such information or picture would cause the malfunction, dysfunction or other damages or losses to your computer system, and further acknowledge and agree that Bodibra is not liable to you or any of your losses suffered therefrom.

9.3   Bodibra cannot control any Content which is not posted by Bodibra, therefore Bodibra give no warranty to the accuracy, completeness or quality of such Content.  You agree you need to evaluate the accuracy, completeness and quality of such Content, and to assume all risks and liabilities in relation to the use of or reliance on such Content. Under no circumstances Bodibra shall be liable in any way for any loss or damage incurred relating to the accuracy, completeness, quality of the Content or other incidental problems.

10.   Termination

10.1 在不影響芭迪貝伊的其他權利下，芭迪貝伊在有合理理由懷疑下列情形發生時，有權即時取消你的會員資格及拒絕你繼續使用芭迪貝伊網站及服務而無須另行通知：

        Without prejudice to any other rights of Bodibra, Bodibra has the right forthwith deprive of your membership and refuse your continuous use of the Bodibra Site and the Service without notice if Bodibra has reasonable ground to suspect any of the following events happens :

(a)  intentionally invading the system of the Bodibra Site and/or disrupting the Services;

10.2 If Bodibra has reasonable ground to suspect the information or Content provided you or your conduct is in conflict with any laws and regulations, Bodibra shall take the initiative to cooperate with the relevant law enforcing authority for investigation.  In addition to legal liability, you are also liable for Bodibra’s damages and expenses resulted therefrom.

10.3 You acknowledge and agree that Bodibra is entitled to, without limitation of the happening of the events set out above or other situation as contained in the Rules and Regulations, at any time modify or suspend the Services provided to you, or deprive of your membership and refuse your current and future use of the Bodibra Site and the Service without being required to give you prior notice of the same. Bodibra has the right to close or delete your account and all relevant information and files contained in your account.  Bodibra shall not be liable to you or to any third party for any losses suffered therefrom.

11.   Limitation of Liability 

11.1 Bodibra hereby disclaims all legal liabilities or other liabilities (regardless whether such liabilities are based on contract, tort, mandatory or otherwise binding) in respect of any direct, indirect, consequential or special losses or damages arising from your access to the Bodibra Site, use of its related service or use of the Service or any other acts in connection therewith.  Notwithstanding Bodibra is aware of the possibility of such losses or damages, including but not limited to transmission of any viruses which may infect any equipments of your computer system, Bodibra shall not be liable therefor.

11.2 All contents on the Bodibra Site are provided to you on “as is” and “as available” basis without warranty of any kind, either expressed or implied.  Besides, Bodibra does not endorse any approval or agreement to your or any third party’s opinion, advice or statement made through the Bodibra Site, or assume any liability on the reliability and accuracy of the same.

12.   Copyright, Trade Marks and Proprietary Rights

        The trade marks, logo and signs (the “Trade Marks”) displayed on the Bodibra Site are either Bodibra’s property or authorized for use by other property’s owners.  You are prohibited from using any Trade Marks for any purpose including but not limited to as metatag or other indicator or pointer on other web pages or websites on the World Wide Web without the written permission of Bodibra.  All images, pictures, product’s designs, information, messages and contents (including any software programs) available on or through the Bodibra Site are subject to the relevant laws protecting intellectual property rights.  You are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any contents available on the Bodibra Site for any commercial or public purposes.

13.   Access to Password Protected/Secured Areas

        Access to and use of password protected and/or secured areas of the Bodibra Site is restricted to authorized users only. If you are not an authorized user, you assess or attempt to access such areas shall be liable to prosecution.

14.   Indemnity 

        You agree to indemnify and hold Bodibra, its Affiliates, officers, employee, agent or other partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the Content submitted, posted or transmitted by you or otherwise make available through Bodibra Site or the Service, your use of the Service, your connection to Bodibra Site, your violations of the Rules & Regulations or your violation of any other’s rights. Bodibra has the right to seek remedies available at applicable laws and in equity, including the right to block access from a particular Internet address to the Bodibra Site.

15.   General

15.1 The interpretation of the Rules & Regulations is in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and your relationship with Bodibra shall be governed by the laws of Hong Kong.  In the event any controversy or disputes arising from the Bodibra Site or the Rules & Regulation between you and Bodibra, you agree to submit to the exclusive jurisdictions of the Hong Kong court.

15.2  Should there be any discrepancies between any part of the Chinese and English texts of the Rules & Regulations, the English text shall prevai.

15.3 The Rules and Regulations constitutes the entire agreement between you and Bodibra and govern your use of the Service, superseding any prior agreements between you and Bodibra with respect to the Service.  You may also be subject to additional terms and conditions that may apply when you purchase certain Bodibra’s products, use other services provided by Bodibra, third party content or third party software. 

15.4 The failure of Bodibra to exercise or enforce any right or provision of the Rules and Regulations shall not constitute a waiver of such right or provision.  IF any provision of the Rules and Regulations shall be found by the court to be invalid or unenforceable, the remaining provisions of the Rules and Regulations shall remain in full force and effect.

15.5 You agree that your account is non-transferrable.  All rights relating to your account or the contents in your account will be automatically terminated upon your death, all contents in your account will be permanently deleted.