By using this Mobile Application (the Application) you agree to be bound by these Terms and Conditions
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
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
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
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.
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
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
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
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
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
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.
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
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
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)
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
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
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.
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
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
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
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
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
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:
By clicking ‘confirm to continue’ I agree to provide personal information as part of the
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
purposes described therein.