By using this Mobile Application (the Application) you agree to be bound by these Terms and Conditions by Herbalife Europe Limited (“Herbalife”).
Please read these Terms and Conditions carefully prior to using the Application. By using the Application or any portion thereof, you agree to these Terms and Conditions.
When using the Application you should be aware of the following:
the Application content is meant for general information and promotional purposes only;
Herbalife meal plans are suggestions only offered as example of wholesome food and have to be always associated to Herbalife products; moreover, some of these meal plans may contain products not appropriate for all categories of consumers therefore we remind you to always check carefully the labels for any restrictions; in particular, pregnant or breastfeeding women or people having a medical condition shall be invited to always consult their own doctor;
Herbalife Independent Members are not qualified to offer individual “food” diet that may be arranged by physicians and professional nutritionists only;
Herbalife meal plan generated by the Application has general information and promotional purposes only;
individual goals detected by the Application are merely general and approximate. The use of Herbalife
GRANT OF RIGHT
Subject to these Terms and Conditions, you are hereby granted the non-transferable right to use this Application solely for the purpose of using the Application (i) to maintain relationships and engage with your Herbalife Independent Member; (ii) to assist you with fitness goal tracking; (iii) generate recommended meal plans; (iv) manage your orders; and (v) schedule calls and appointments with your Herbalife Independent Member; and (vi) generally, to support your relationship with your Herbalife Independent Member, using the functionalities made available on the Application, from time to time, which includes Measurements, Progress Tracking and the generating of a Personalised Programme.
CONDITIONS OF ACCESS
You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Application.
Although the Application is free, when you download, install and access the Application, your mobile network provider may, depending on the type of contract you have, charge you for accessing the Application or for any usage on the Application. Herbalife will not be held liable for any such charges.
Upon downloading the Application, you will be required to create a user profile through a username and a password. You are responsible for restricting access to your mobile device so that third parties may not access the Application. Herbalife reserves the right to implement a verification process for purposes of creating an account to ensure that only customer of Herbalife Independent Members download the Application. You are solely responsible for all activities that occur under your access details. You are only entitled to create 1 (one) account.
From time to time, Herbalife may automatically check the version of the Application installed on your mobile device and, if applicable, may provide updates for the Application. Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Application.
By installing the Application, you authorise the automatic download and installation of updates and agree to download and install updates manually, if necessary.
Your use of the Application and updates thereto will be governed by these Terms and Conditions (as amended by any terms and conditions that may be provided with the updates).
MODIFICATIONS TO MOBILE APPLICATION AND REVISIONS TO TERMS AND CONDITIONS
Herbalife may, from time to time, modify any term of these Terms and Conditions. Any such modifications will be effective as soon as the modified version of the Terms and Conditions appears when you log onto the Application.
Your use of the Application subsequent to such modifications constitutes an acceptance of the revised Terms and Conditions. If you do not wish to accept any modification to these Terms and Conditions, please uninstall and discontinue using the Application.
Herbalife reserves the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability towards you.
HERBALIFE’S PROPRIETARY RIGHTS
You hereby acknowledge that all right, title and interest in and to the Application including all content made available or to be made available in the future on the Application (including without limitation, articles, opinions, text, graphics, illustrations, video and audio clips, logos, trademarks, service marks, copyrights, domain names, code, trade names, patents, all copyrightable material (including source and object code)), button icons, images, audio clips, digital downloads, data compilations and software), and/or any other form of intellectual property (Herbalife Information) are owned by, licensed to Herbalife or other authorized third parties and are protected from unauthorised use, copying and dissemination.
The Application and the Herbalife Information are protected by applicable intellectual property and other laws, including patent laws, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights.
Herbalife and its licensors make no representations or warranties regarding the accuracy or completeness of the Herbalife Information.
Herbalife, our logo, and the name of the products produced, marketed, sold and distributed by Herbalife, are trademarks and/or service marks of Herbalife International of America Inc. or its affiliates. All other trademarks, service marks, and logos used on the Application are the trademarks, service marks or logos of their respective owners.
This Application uses analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations. Herbalife may also use third-parties, such as a Localytics in order to develop and analyze use of the Services. For more information about Localytics and its services please see //www.localytics.com.
You may terminate these Terms and Conditions at any time by permanently deleting the Application in its entirety from your mobile device, whereupon (and without notice from Herbalife) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms and Conditions any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Application from the Authorised Device.
Herbalife may, in its sole discretion, and at any time, with or without notice, terminate your password for any reason.
The Application and all Herbalife Information are provided on an “as is”, “as available” and “with all faults” basis and without any warranty of any kind to the extent permitted by law, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, non-infringement, or fitness for a particular purposes or those arising by statute or otherwise in law or from a course of dealing or usage of trade.
To the maximum extent permitted by law, Herbalife expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Your use of the Application is at your own risk.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HERBALIFE, ITS HOLDING COMPANIES, AFFILIATES, SUBSIDIARIES, LICENSORS, ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR COSTS, LOSSES OR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM; (I) THE USE OR THE INABILITY TO USE THE MOBILE APPLICATION; (II) THE INABILITY TO USE THE MOBILE APPLICATION TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION. (VI) NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, THE APPLICATION OR ITS RELATED INFORMATION. FOR PURPOSES OF THIS PARAGRAPH, “AFFILIATE” OF A SPECIFIC PARTY MEANS: (I) EACH ENTITY WHICH IS DIRECTLY OR INDIRECTLY CONTROLLED BY THAT PARTY; (II) EACH ENTITY WHICH DIRECTLY OR INDIRECTLY CONTROLS THAT PARTY; AND (III) EACH ENTITY WHICH IS DIRECTLY OR INDIRECTLY CONTROLLED BY AN ENTITY REFERRED TO IN (II)
While Herbalife makes every effort to ensure that the content and information on the Application is complete, accurate and up to date, Herbalife makes no guarantee about the suitability of the products and services on the Application or whether they are complete accurate or appropriate.
You agree to hold harmless and fully indemnify the Released Parties (as such term is defined in the “Limitation of Liability” clause above) and will not hold the Released Parties responsible for any claim relating to your use of the Application.
You agree that all information, including products and services or any terms or conditions relating to them, on the Application may change. Herbalife will notify you of the important changes within a reasonable time.
You agree that any calculations made on the Application, (including any relating to your health) are estimates and are meant as guidelines only.
Herbalife is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.
You accept that some of the information, content, tools or materials on the Application come from external sources (including independent practitioners in the health and wellness industry), and you agree that Herbalife is not responsible, and will not be held liable, for any information or content, received from these external sources.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of England and Wales with respect to any legal proceedings related to these Terms and Conditions.
If any provision of these Terms and Conditions shall, to any extent, be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall in no way be affected or impaired thereby and each such provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms and Conditions shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
Personal information we collect
The Application collects information that you provide when registering and using the Application. This information consists of:
your name and address;
your date of birth;
your e-mail address and mobile phone number;
the orders you placed and your payment and delivery information;
the identification of your Herbalife Independent Member;
information exchanged through the Application’s chat function; and
other information you may provide, such as your interests, dietary preferences, height and weight, and photographs uploaded from your device.
Please note that if you want to benefit from the Application and its associated services, the provision of this information may be mandatory.
In addition, Herbalife collects technical information about your use of the Application, such as your IP address, browser type and browsing behavior, general location based on GPS and WiFi signals (but only if permitted by the settings of your device).
How we use your information
Herbalife uses your personal information for the following purposes:
to record your registration to the Application, to authenticate you when you log-in, and to record your preferences;
to take your orders and arrange for the payment and delivery;
to improve the Application based on the technical information that allows us to understand how customers prefer to use the Application;
to offer products that are likely to be of interest to you, based on your purchasing history and expressed preferences;
for accounting, auditing and tax purposes and to comply with applicable laws and regulations;
with your consent, which we will obtain separately, to inform you by phone, e-mail or SMS about our new products and services;
to detect and prevent fraud and security concerns and to protect, enforce and defend our rights and interests in case of a dispute or legal proceeding; and
to calculate the compensation of your Herbalife Independent Member.
With whom we share your information
In order to provide this Application and the associated services, Herbalife will share your personal information with the following categories of recipients:
other Herbalife entities, such as the Herbalife entity in the country where you live;
your Herbalife Independent Member so that he or she can further advise you on Herbalife’s products;
service providers assisting Herbalife, for example, in the maintenance of this Application and the delivery of our products; and
public authorities when required by law or where necessary to detect and prevent fraud and security concerns.
The list the entities to which your information may be communicated is available by contacting Herbalife Europe Limited at firstname.lastname@example.org.
Under applicable law you have a right to request access to your personal information and to have it rectified. You may also request the erasure, anonymization or blocking of your personal information that has been processed unlawfully, or withdraw the consent you have provided for direct marketing by phone, e-mail or SMS. If you want to exercise your rights, please contact Herbalife Europe Limited at email@example.com.
Privacy laws and guidelines are part of a constantly changing environment. We will notify you of relevant changes by e-mail or by posting a message on the Application.
The information this Application collects may be stored locally on your device and may be transmitted to our third party’s server located in a country within the European Union. The transmission of information over wireless and wired networks is not entirely secure. We will implement all necessary and adequate measures to help protect your personal information against unauthorized access and disclosure.