By using this Mobile Application (the Application) you agree to be bound by these Terms and Conditions and Privacy Policy by Herbalife Europe Limited (“Herbalife”), as Data Controller. This Application also requires you to be a Herbalife Independent Member and provide personal information as part of the registration process.
Please read these Terms and Conditions carefully prior to downloading the Application. If you do not agree with any of the Terms and Conditions, do not download or install this Application. By downloading, installing or using the Application or any portion thereof, you agree to these Terms and Conditions.
By using the Application you undertake to act properly in order to let customers be aware of the following and to behave accordingly:
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 GP;
Herbalife members are not qualified to offer individual “food” diet that may be arranged by physician and professional nutritionist 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 products and / or Herbalife meal plan does not guarantee the achievement of the individual goals.
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 customer relationships and engage and motivate customers; (ii) to assist customers with fitness goal tracking; (iii) generate recommended meal plans; (iv) manage customer’s orders; (v) schedule calls and appointments with customers; and (vi) generally, to support your relationship with your customers, using the functionalities made available on the Application, from time to time, which includes Measurements, Progress Tracking and the generating of a Personalised Programme. The Application may not be used in order to promote the products of any third parties.
CONDITIONS OF ACCESS
You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Application.
When you install or download the Application, you may be required to accept the terms and conditions or the end user licence agreement (“EULA”) of a third party supplier or vendor. While the EULA is independent from these Terms and Conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA is part of this Terms and Conditions and will apply to your 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. Your username, password and data related to your customers stored on the Application must be kept confidential at all times and may not be used by unauthorised third parties to access the Application. You are responsible for restricting access to your mobile device so that third parties may not access the Application. You agree that you will not sell, transfer or assign your membership access to the Application. Herbalife reserves the right to implement a verification process for purposes of creating an account to ensure that only 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.
You are required to take all such measures as are necessary to ensure that all the personal information concerning your customers that are furnished to Herbalife in relation to the functionalities offered by the Application (including, without limitation, names, contact details, measurements and information about their meal plan) have been validly collected by you. For this purpose you undertake to have each new customer read the Herbalife Customer Privacy Policy (or read out the Herbalife Customer Privacy Policy to each such customer) and ensure that such customer understands it and is in agreement with it. To confirm this, the relevant tick box must be ticked.
UPDATES
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. You agree that you will not, and undertake not to permit a third party to:
modify, adapt, translate, prepare derivate works from, decompile, reverse engineer or disassemble the Application or otherwise attempt to derive the source code of the Application;
capture, reproduce, perform, modify, copy, distribute, transfer, sell or license the Application;
transfer the Application to, or use the Application on, a device other than your mobile device;
take any action to circumvent, compromise or defeat any security measures implemented in the Application;
use the Application to access, copy, transfer, retransmit or transcode the Herbalife Information;
interfere with the normal processes or use of the Application by, inter alia, attempting to access the administration areas of the Application; and remove, obscure or alter Herbalife’s (or any third party’s) copyright notices, trademarks, or other proprietary rights, notices affixed to or contained within or accessed through the Application.
You agree that if you breach the terms of this proprietary rights clause, Herbalife will have the right to claim damages from you, which will include the right to claim special, incidental, consequential or indirect damages. Herbalife also reserves the right to claim for loss of profits and loss of business and recover all legal costs on a scale as between attorney and own client.
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.
TERMINATION
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 and membership, for any reason or no reason at all. In the event that you cease to be a Member, Herbalife will automatically and without further notice to you, terminate your access to the Application.
DISCLAIMER
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.
Herbalife does not guarantee that:
the Application; or the information, content, tools a or materials included on the Application; or the Herbalife servers; or that any electronic communications sent by Herbalife, are free from viruses or other harmful components.
Herbalife shall not be obligated to provide you with any maintenance or support services in connection with the Application.
Herbalife makes no warranty:
that the Application will meet your requirements; that the Application will be error free; regarding the security, reliability, timeliness or performance of the Application; and that any errors in the Application will be corrected.
Any content that you obtain or download through the Application is obtained at your own discretion and risk.
You will be solely responsible for any damage to your mobile device (or any other device) or any loss of data that may result from downloading such content or material.
The Application is not intended for use in any activities during which the failure of the Application could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from Herbalife or through the Application shall create any warranty not expressly stated in these Terms and Conditions.
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 DELICT, 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)
INDEMNITY
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 to hold harmless and fully indemnify the Released Parties, from any errors or inaccuracies or incomplete information made available by third parties (including advisors and/or experts) on the Application and agree that, the Released Parties will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
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.
GOVERNING LAW
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.
SEVERABILITY
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.
PRIVACY POLICY
Your use of this Application, including but not limited to the Application’s practices governing your personal information and the information you provide us with, are subject to and disclosed in this Privacy Policy. Please review this Privacy Policy prior to using this Application.
When you use this Application we may collect and store some or all of the following:
Personal information to register for the account, name, Herbalife ID, email address, status as a distributor and the password you chose; Personal information concerning your customers as Herbalife Independent Member, which you validly provide us with in relation to the services offered by the Application to said customers; Anonymous and aggregate information about how many Herbalife Independent Members download the Application.
We use this information to operate the function and content of the Application. Certain areas of the Application may also ask you or offer the possibility to provide information, including photographs uploaded from your device, to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of 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.
If you register with the Application, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Application issued email address, and ensure that all the personal information concerning your customers that you provide us with in relation to the services and functionalities offered by the Application (i.e., name, contact details, measurements and information about their meal plan) have been validly collected by you, by having each customer read the Herbalife Customer Privacy Policy (or read the Herbalife Customer Privacy Policy to each customer) and obtained their consent for the purposes described therein. You are responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access the Application and the data related to your customers you stored on the same, which you ensure you will lawfully process exclusively for the purposes illustrated in the Herbalife Customer Privacy Policy. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
You have the possibility to exercise your rights in relation to the processing of your personal information: by way of an example you can obtain confirmation as to whether or not personal data concerning you exist, purposes and methods of the processing, the categories of entity to which the data may be communicated, the updating, erasure, anonymization or, on legitimate grounds, the blocking of the data that have been processed unlawfully. All the requests may be sent to the following email address: msuk@herbalife.com.
CONSENT
By clicking ‘confirm to continue’ I agree to provide personal information as part of the registration process and agree to be bound by the above Privacy Policy provisions. I also declare that any personal information concerning my customers that I provide to Herbalife in relation to the services and functionalities offered by the Application have been validly collected by me, having submitted to said customers the Herbalife Customer Privacy Policy and obtained their consent, by means of the flag of the ‘confirm to continue’ at the end of the Herbalife Customer Privacy Policy, for the purposes described therein.
