Terms of use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to
herein, set out the terms of use under which you may use our web sites:
https://bodi.me, http://sizeme.bodi.me, https://boditest1.myshopify.com,
http://3d-a-porter.com/ (“Our Sites”) any sub-domains of that website
unless expressly excluded by their own terms and conditions. Please read
these Terms of Use carefully and ensure that you understand them. Your
agreement to comply with and be bound by these Terms of Use is deemed to
occur upon your first use of Our Sites. If you do not
agree to comply with and be bound by these Terms of Use, you must stop
using Our Sites immediately.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the
following expressions have the following meanings:

“Account”

means an account required for a User to access and/or use
certain areas of Our Sites, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts,
code, software, databases and any other form of information
capable of being stored on a computer that appears on, or
forms part of, Our Sites;

“User”

means a user of Our Sites;

“User Content”

means any content submitted to Our Sites by Users
including, but not limited to, Personal Data. Please refer
to our Privacy Policy for more
information.

; and

“We/Us/Our”

means Bodi.Me Ltd., a company registered in England under
company number 8659835. Registered address:

4th floor ALDGATE TOWER 2 Leman Street, LONDON, E1 8FA,
UK

. VAT number: 175 3484 86. Email address: Info@bodi.me

2. Information About Us


2.1 Our Sites: https://bodi.me, http://sizeme.bodi.me,
https://boditest1.myshopify.com, http://3d-a-porter.com/ are owned and
operated by Bodi.Me Ltd., a company registered in England under company
number 8659835. Registered address:


4th floor ALDGATE TOWER 2 Leman Street, LONDON, E1 8FA, UK

. VAT Our VAT number is GB 175 3484 86.

2.2 We are regulated by Information Commissioner’s Office.

3. Access to Our Sites

3.1 Access to the public facing versions of Our Sites is free of charge.
Some of Our Sites are used to provide chargeable services in which case a
valid, chargeable account subscription is required to use them.

3.2 It is your responsibility to make any and all arrangements necessary in
order to access Our Sites.

3.3 Access to Our Sites is provided “as is” and on an “as available” basis.
We may alter, suspend or discontinue Our Sites (or any part of it) at any
time and without notice. We will not be liable to you in any way if Our
Sites (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1 Certain parts of Our Sites (including the ability to purchase services
from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.

4.3 When creating an Account, the information you provide must be accurate
and complete. If any of your information changes at a later date, it is
your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account. It is
your responsibility to keep your password safe. If you believe your Account
is being used without your permission, please contact Us immediately at
info@bodi.me. We will not be liable for any unauthorised use of your
Account.

4.5 You must not use anyone else’s Account without the express permission
of the User to whom the Account belongs.

4.6 Any personal information provided in your Account will be collected,
used, and held in accordance with your rights and Our obligations under the
law, as set out in Clause 16.

4.7 If you wish to close your Account, you may do so at any time. Closing
your Account will result in the removal of your information, except for the
case of data that has been specifically anonymised and consequently the
link to where the data originated permanently deleted. Closing your Account
will also remove access to any areas of Our Sites requiring an Account for
access.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on Our Sites and the copyright and other
intellectual property rights subsisting in that Content, unless
specifically labelled otherwise, belongs to or has been licensed by Us. All
Content (including User Content) is protected by applicable United Kingdom
and international intellectual property laws and treaties.

5.2 Subject to sub-Clause5.3 you may not reproduce, copy, distribute, sell,
rent, sub-licence, store, or in any other manner re-use Content from Our
Sites unless given express written permission to do so by Us.

5.3 Access, view and use Our Sites in a web browser (including any web
browsing capability built into other types of software or app);

5.4 Our status as the owner and author of the Content on Our Sites (or that
of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not re-use any Content printed, saved or downloaded from Our
Sites for commercial purposes without first obtaining a licence from Us (or
our licensors, as appropriate) to do so. This does not prohibit the normal
access, viewing and use of Our Sites whether by business users or
consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing
provisions of Chapter III of the Copyrights, Designs and Patents Act 1988
‘Acts Permitted in Relation to Copyright Works’, covering in particular the
making of temporary copies; research and private study; the making of
copies for text and data analysis for non-commercial research; criticism,
review, quotation and news reporting; caricature, parody or pastiche; and
the incidental inclusion of copyright material.

6. User Content

6.1 User Content on Our Sites includes, but is not necessarily limited to
Personal Data.

6.2 An Account is required if you wish to submit User Content. Please refer
to Clause 4 for more information.

6.3 You agree that you will be solely responsible for your User Content.
Specifically, you agree, represent, and warrant that you have the right to
submit the User Content and that all such User Content will comply with Our
Acceptable Usage Policy, detailed below in Clause 11.

6.4 You agree that you will be liable to Us and will, to the fullest extent
permissible by law, indemnify Us for any breach of the warranties given by
you under sub-Clause 6.3. You will be responsible for any loss or damage
suffered by Us as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User
Content and all intellectual property rights subsisting therein. When you
submit User Content you grant Us an unconditional, non-exclusive, fully
transferrable, royalty-free, perpetual, worldwide licence to use, store,
archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute,
prepare derivative works from, display, perform and sub-licence your User
Content for the purposes of operating and promoting Our Sites and
developing and selling Our products and services. In addition, you also
grant Other Users the right to copy and quote your User Content within Our
Sites.

6.6 If you wish to remove User Content from Our Sites, the User Content in
question will be deleted or in the case of body or garment measurements
anonymised, such that the connection to where the data originated is
permanently and irrevocably removed. Please note, however, that caching or
references to your User Content may not be made immediately unavailable (or
may not be made unavailable at all where they are outside of Our reasonable
control).

6.7 We may reject, reclassify, or remove any User Content from Our Sites
where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if
We receive a complaint from a third party and determine that the User
Content in question should be removed as a result.

6.8 We are not responsible for the content or accuracy, or for any
opinions, views, or values expressed in User Content. Any such opinions,
views, or values are those of the relevant User and do not reflect Our
opinions, views, or values in any way.

7. Links to Our Sites

7.1 You may link to Our Sites provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;

7.1.3 you do not use any logos or trade marks displayed on Our Sites
without Our express written permission; and

7.1.4 you do not do so in a way that is calculated to damage Our reputation
or to take unfair advantage of it.

7.2 Framing or embedding of Our Sites on other websites is not permitted
without Our express written permission. Please contact Us at info@bodi.me
for further information.

7.3 You may not link to Our Sites from any other site the main content of
which contains material that:

7.3.1 is sexually explicit;

7.3.2 is obscene, deliberately offensive, hateful or otherwise
inflammatory;

7.3.3 promotes violence;

7.3.4 promotes or assists in any form of unlawful activity;

7.3.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, gender, religion, nationality, disability,
sexual orientation, or age;

7.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;

7.3.7 is calculated or is otherwise likely to deceive another person;

7.3.8 is intended or is otherwise likely to infringe (or to threaten to
infringe) another person’s privacy;

7.3.9 misleadingly impersonates any person or otherwise misrepresents the
identity or affiliation of a particular person in a way that is calculated
to deceive (obvious parodies are not included in this definition provided
that they do not fall within any of the other provisions of this sub-Clause
7.4);

7.3.10 implies any form of affiliation with Us where none exists;

7.3.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, trade marks and
database rights) of any other party; or

7.3.12 is made in breach of any legal duty owed to a third party including,
but not limited to, contractual duties and duties of confidence.

7.4 The content restrictions in sub-Clause 7.4 do not apply to content
submitted to sites by other users provided that the primary purpose of the
site accords with the provisions of sub-Clause 7.4. You are not, for
example, prohibited from posting links on general-purpose social networking
sites merely because another user may post such content. You are, however,
prohibited from posting links on websites which focus on or encourage the
submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Sites. Unless expressly stated,
these sites are not under Our control. We neither assume nor accept
responsibility or liability for the content of third party sites. The
inclusion of a link to another site on Our Sites is for information only
and does not imply any endorsement of the sites themselves or of those in
control of them.

9. Liability and Disclaimers

9.1 Nothing on Our Sites constitutes advice on which you should rely. It is
provided for information purposes only. Professional or specialist advice
should always be sought before taking any action on the basis of any
information provided on Our Sites.

9.2 Insofar as is permitted by law, We make no representation, warranty, or
guarantee that Our Sites will meet your requirements, that it will not
infringe the rights of third parties, that it will be compatible with all
software and hardware, or that it will be secure.

9.3 We make reasonable efforts to ensure that the Content on Our Sites is
complete, accurate, and up-to-date. We do not, however, make any
representations, warranties or guarantees (whether express or implied) that
the Content is complete, accurate, or up-to-date.

9.4 To the fullest extent permissible by law, We accept no liability to any
User for any loss or damage, whether foreseeable or otherwise, in contract,
tort (including negligence), for breach of statutory duty, or otherwise,
arising out of or in connection with the use of (or inability to use) Our
Sites or the use of or reliance upon any Content (including User Content)
included on Our Sites.

9.5 We hereby exclude all implied conditions, warranties, representations
or other terms that may apply to Our Sites or Content. We will not be
liable for any loss of profits, sales, business or revenue; loss of
business opportunity, goodwill or reputation; loss of anticipated savings;
business interruption; or for any indirect or consequential loss or damage.

9.6 We neither assume nor accept responsibility or liability arising out of
any disruption or non-availability of Our Sites resulting from external
causes including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, natural events, acts of war, or
legal restrictions and censorship.

9.7 Nothing in these Terms of Use excludes or restricts Our liability for
fraud or fraudulent misrepresentation, for death or personal injury
resulting from negligence, or for any other forms of liability which cannot
be excluded or restricted by law.

10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that Our Sites is
secure and free from viruses and other malware.

10.2 You are responsible for protecting your hardware, software, data and
other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any
other material which is malicious or technologically harmful either to or
via Our Sites.

10.4 You must not attempt to gain unauthorised access to any part of Our
Sites, the server on which Our Sites is stored, or any other server,
computer, or database connected to Our Sites.

10.5 You must not attack Our Sites by means of a denial of service attack,
a distributed denial of service attack, or by any other means.

10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be
committing a criminal offence under the Computer Misuse Act 1990. Any and
all such breaches will be reported to the relevant law enforcement
authorities and We will cooperate fully with those authorities by
disclosing your identity to them. Your right to use Our Sites will cease
immediately in the event of such a breach.

11. Acceptable Usage Policy

11.1 You may only use Our Sites in a manner that is lawful and that
complies with the provisions of this Clause 11. Specifically:

11.1.1 you must ensure that you comply fully with any and all local,
national or international laws and/or regulations;

11.1.2 you must not use Our Sites in any way, or for any purpose, that is
unlawful or fraudulent;

11.1.3 you must not use Our Sites to knowingly send, upload, or in any
other way transmit data that contains any form of virus or other malware,
or any other code designed to adversely affect computer hardware, software,
or data of any kind; and

11.1.4 you must not use Our Sites in any way, or for any purpose, that is
intended to harm any person or persons in any way.

11.2 When submitting User Content (or communicating in any other way using
Our Sites), you must not submit, communicate or otherwise do anything that:

11.2.1 is sexually explicit;

11.2.2 is obscene, deliberately offensive, hateful or otherwise
inflammatory;

11.2.3 promotes violence;

11.2.4 promotes or assists in any form of unlawful activity;

11.2.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, gender, religion, nationality, disability,
sexual orientation or age;

11.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;

11.2.7 is calculated or is otherwise likely to deceive;

11.2.8 is intended or otherwise likely to infringe (or threaten to
infringe) another person’s right to privacy or otherwise uses their
personal data in a way that you do not have a right to;

11.2.9 misleadingly impersonates any person or otherwise misrepresents your
identity or affiliation in a way that is calculated to deceive (obvious
parodies are not included within this definition provided that they do not
fall within any of the other provisions of this sub-Clause 11.2);

11.2.10 implies any form of affiliation with Us where none exists;

11.2.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, patents, trade
marks and database rights) of any other party; or

11.2.12 is in breach of any legal duty owed to a third party including, but
not limited to, contractual duties and duties of confidence.

11.3 We reserve the right to suspend or terminate your access to Our Sites
if you materially breach the provisions of this Clause 11 or any of the
other provisions of these Terms of Use. Specifically, We may take one or
more of the following actions:

11.3.1 suspend, whether temporarily or permanently, your Account and/or
your right to access Our Sites;

11.3.2 remove any User Content submitted by you that violates this
Acceptable Usage Policy;

11.3.3 issue you with a written warning;

11.3.4 take legal proceedings against you for reimbursement of any and all
relevant costs on an indemnity basis resulting from your breach;

11.3.5 take further legal action against you as appropriate;

11.3.6 disclose such information to law enforcement authorities as required
or as We deem reasonably necessary; and/or

11.3.7 any other actions which We deem reasonably appropriate (and lawful).

11.4 We hereby exclude any and all liability arising out of any actions
(including, but not limited to those set out above) that We may take in
response to breaches of these Terms of Use.

12. Privacy and Cookies

Use of Our Sites is also governed by Our Privacy Policy
These policies are incorporated into these Terms of Use by this reference.

13. Changes to these Terms of Use

13.1 We may alter these Terms of Use at any time. Any such changes will
become binding on you upon your first use of Our Sites after the changes
have been implemented. You are therefore advised to check this page from
time to time.

13.2 In the event of any conflict between the current version of these
Terms of Use and any previous version(s), the provisions current and in
effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at info@bodi.me.

15. Communications from Us

15.1 If We have your contact details (if, for example, you have an Account)
We may from time to time send you important notices by email. Such notices
may relate to matters including, but not limited to, service changes,
changes to these Terms of Use, Our Terms of Sale, and changes to your
Account.

15.2 We will never send you marketing emails of any kind without your
express consent. If you do give such consent, you may opt out at any time.
Any and all marketing emails sent by Us include an unsubscribe link. If you
opt out of receiving emails from us at any time, it may take up to 60
business days for Us to comply with your request. During that time, you may
continue to receive emails from Us.

15.3 For questions or complaints about communications from Us (including,
but not limited to marketing emails), please contact Us at info@bodi.me

16. Data Protection

16.1 All personal information that We may use will be collected, processed,
and held in accordance with the provisions of EU Regulation 2016/679
General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2 For complete details of Our collection, processing, storage, and
retention of personal data including, but not limited to, the purpose(s)
for which personal data is used, the legal basis or bases for using it,
details of your rights and how to exercise them, and personal data sharing
(where applicable), please refer to Privacy Policy;.

17. Law and Jurisdiction

17.1 These Terms of Use, and the relationship between you and Us (whether
contractual or otherwise) shall be governed by, and construed in accordance
with, English law.

17.2 If you are a business, any disputes concerning these Terms of Use, the
relationship between you and Us, or any matters arising therefrom or
associated therewith (whether contractual or otherwise) shall be subject to
the exclusive jurisdiction of the courts of England and Wales.

17.3 If you are a consumer, any disputes concerning these Terms of Use, the
relationship between you and Us, or any matters arising therefrom or
associated therewith (whether contractual or otherwise) shall be subject to
the jurisdiction of the courts of England, Wales, Scotland, or Northern
Ireland, as determined by your residency.