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The following TERMS OF USE are subject to change at any time and the sole discretion of the Site owner and operator. Please visit the site regularly for updates.


TERMS OF SERVICE

Please read the following terms of use relating to your use of this site and all the sites listed below under our brand carefully. By using these sites, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.

Owners and Collectors of Information

These terms of use apply to your use of all of the Sites and services owned, hosted, or operated by LOLU LIMITED and any other site that we have owned or operated, do own and operate or may own or operate in the future including social media sites (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of the Sites may link or direct you.

If you have any questions about these terms of use you may contact us at: info@lolutea.com

Restrictions

Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

Links

These terms of use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.

Disclaimers

The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to the implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our services. The only exception is the guarantees of satisfaction that are clearly labelled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to and do not monitor, any transaction between users and third-party providers of products or services.

  • All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of New Zealand are excluded from this agreement to the extent permitted by law.
  • We make no warranties about the Services being able to prevent disease.
  • Our Services are not a substitute for medical advice and medical treatment.
  • We or our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Services, at any time and without advance notice.
  • You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
  • Use of our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from our Website.
  • We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the Services.

 

Limitation of Liability

Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.

Confidentiality and Non-Compete

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

 

Before accessing and using the services provided on the web, under the web domain https://LOLU tea.com or/and any of its subdomains, and/or LOLU ’s mobile application, we ask you to carefully read these Terms and Conditions of Use (hereinafter, “Terms of Use”; “Terms”; “Conditions”; “Terms and Conditions”) which stipulate the terms under which you may use the LOLU  TEA nutrition classes and/or software, also defining the participation rules for the Professionals and the Clients, enrolled in said service.

LOLU TEA, (hereinafter, “LOLU ”), dedicates itself to the development of nutrition classes and software in the cloud. The nutrition classes and software enable the simplification of complex tasks, such as management and analysis of nutritional information of their clients, planning, analysis and creation of food plans and direct and permanent follow-up of the clients, and much more. In addition to these functionalities, the most distinctive feature of the service relates to the fact that it eases and improves nutritional monitoring. Thus, through LOLU  nutrition classes, the Client, at the end of each nutrition appointment, will have an available food plan as prescribed by the Professionals, which can be readjusted both in real-time or in the next appointment.

In this way, LOLU  promotes, facilitates and simplifies the relationship between the Client and their Nutrition Professional, enabling:

1. to the Client, the contact with a Nutrition Professional that will accompany, directly, their physical progress and nutritional performance;
2. to the Professional, a tool capable of simplifying the most complex tasks, such as management and analysis of nutritional information of their clients, planning, analysis and creation of food plans and direct and permanent follow-up of the client's.

Conditions of acceptance
The registration in LOLU 's web and/or mobile applications and the service provided by LOLU  is dependent on the total acceptance of these conditions, whereby, any Professional and/or Client who does not agree or does not commit to behave according to these terms shall not be allowed to use said service.

Thus, for each person who is effectively a Professional or a Client of the LOLU  service is assumed, at the time of registration or at a later time, that they have read and fully understood the Terms and Conditions and the Privacy Policy which is inseparable from these terms, having expressly accepted both.

LOLU  reserves itself the right to change, at any time and without any prior notice, the Terms and Conditions (partially or totally) being that each new version of the Terms and Conditions shall enter into force after being published on the LOLU  website. By accepting these Terms and Conditions users commit to visit and study these Terms on a regular basis. Lastly, LOLU  reserves itself the right to interrupt or even terminate services at any time if it deems necessary.

These stipulations are legally binding
The provisions on these Terms and Conditions of Use are legally binding, and they contractually bind the Professional and the Client to LOLU. As such, from the moment you agree to these Terms and Conditions you are legally bound by them and accept to subject yourself to the most recent versions of the Terms and Conditions of Use and the Privacy Policy.

You may withdraw your consent to these terms at any given moment being certain that, in doing so, you will terminate this contract and you will not be entitled to any indemnity or refunds of the amounts already paid, neither will you be allowed further access to LOLU. After withdrawing your consent all your personal data shall be deleted.

These provisions shall remain in force between the parties for the entire duration of the contract. That duration shall be determined in accordance with the chosen subscription.

Definition of terms

“Nutrition Classes” shall be understood as the web and mobile applications developed by LOLU , the distribution and use of which is subject to these Terms of Use.

“Distribution” shall be understood as the means by which the Nutrition Classes are made available by LOLU  to Users.

“Professional” shall be understood as anyone who has, by any means, access to the web version of the Nutrition Classes.

“Client” shall be understood as anyone who has, by any means, access to the mobile version of the Nutrition Classes or the equivalent restricted web version.

“Secretary” shall be understood as anyone who has, by any means, access to the web version of the software, restricted, made available by the Professional to that third party for the purposes of managing and scheduling their consultations and Clients.

“User” shall be understood as anyone who has, by any means, access to the web and/or mobile version of the software.

“Intellectual Property Rights” shall be understood as all rights to scientific works, inventions in all fields of human activity, scientific discoveries, designs, industrial models, industrial trademarks, commercial and service brands, as well as protection against unfair competition, as well as all other rights inherent to intellectual activity in the industrial and scientific fields.

Application of the Software Terms and Conditions of Use
The Software Terms and Conditions of Use apply to all forms of use of the applications, both in code form and in binary form, as in any other way.

Data treatment and privacy
By accepting these Terms and Conditions of Use, the Users expressly consent to the processing of their personal data as defined in the Privacy Policy.

Registration
LOLU  is not responsible for any event resulting from the lack of capacity of the User. LOLU  undertakes the task of ensuring that the services provided are to be offered and used without failures but reserves itself the right to temporarily suspend its operations for technical reasons or causes beyond its control.

Mandatory information when signing up for our services:

Name (first and last);
Gender;
Email;
Password creation;
Name of practice, business, gym or university;
Country of residence.
At the time of registration and during the use of the software and services, the User shall provide accurate, precise and truthful information. The Clients also guarantee and respond, in any case, for the truthfulness, accuracy and authenticity of the personal data provided, not being LOLU  in any way responsible for the veracity or correction thereof.

The records are personal and non-transferable, being the holder thereof solely responsible for the actions taken with their registration.

To each Client may only match a single record, therefore LOLU  may cancel any subsequent registration made by the same individual.

General terms of use – CLIENT

  1. Service provision conditions
    The client, by subscribing to the LOLU Nutrition Classes, will have direct access to their food plans, receiving, at the time stipulated therein, notifications regarding the list of foods advised by the Professional. In addition to this functionality, the Professional allows the follow-up of the clients’ physical activity and other data such as water intake, weight, height and body mass index (BMI) while also facilitating constant and real-time monitoring by the Professional, since they can review this information and update the plan according to their client's progress.

    Follow-up Nutrition Classes add to these features the possibility of registering the weight as well as allowing direct communication with the Professional through messages. This way, it facilitates the comfortable management of consultations (scheduling, confirmation and cancellation), the sharing of progress and the solving of doubts.

    There is no influence whatsoever of LOLU on the relationship between the client and the professional. Also, it is under the control of the professional the definition of the specific functionalities to be made available and, because of this, the permissions available in the application may vary from client to client.
  2. Client liability
    By accepting the Terms and Conditions, the client is obliged to only adopt behaviors that do not infringe the existing legal order or damage, in any way, legally protected positions.

Additional Terms

It is important that you read and understand all of our policies since these define the contract terms the parties involved are subject to.

Our policies and other additional terms are part of these Terms, and they provide additional terms and conditions related to the specific services offered on our Website, including, but not limited to:

1. User Agreement of the Nutrition Professional Directory;
2. Applicable Privacy Policy;
3. Data Processing Agreement;

We can change these Terms and Conditions of Use and any regularly associated information and publish the amended Terms on the Website.



Intellectual Property
The Nutritional Classes produced by LOLU are intellectual works protected by the Copyright Act 1994 and are protected by the applicable law, namely the Copyright Regulations 1995. Each of the elements that compose them (such as design, text, video, music, graphics, images, information, applications, sounds, colours, logos, web page layout, applications and tools, among others) are the exclusive property of LOLU, the only authorized to use the intellectual property rights of personality therein assessed.

Any reproduction and/or full or partial representation, use, adaptation or modification of the applications or any of the elements that compose them, under any format, or in any form, for other purposes, including commercial, is expressly prohibited.

Confidentiality
The Professional is obliged to keep in absolute and complete confidentiality, any personal or business data, even if it is not mentioned that it is confidential, of all information made available to which will have access by virtue of the distribution of web application software.

By protected or confidential information it is understood all the information, regardless of the medium used, consists of technical and non-technical, financial, commercial or technological, namely: intellectual and industrial property, "know-how", conclusions, business models, working models, trade secrets, studies, formulas, methods, "drafts", drawings, photographs, prototype samples, models, financial data, technical and related information, directly or indirectly, with the distribution of pre-release beta software framework, or any other commercial elements, legal and/or tax, or any other information relating to the software, which is distributed in any form.

Disclaimer of warranties
The User expressly accepts that:

1. The use of the software is carried out at the expense and risk of the User, being of their sole responsibility;
2. The User declares and assumes that is legally able, capable and authorized to exercise their activity related in particular to the provision of nutrition consultations. It cannot, therefore, be assigned any responsibility to LOLU for any error arising from the practice of the User activity;
3. LOLU provides no assurance regarding:
1. the matching of the software with the user requirements;
2. the exemption of errors in the software;
3. the reliability, quality or performance of the software;
4. No advice or information, oral or written, obtained by the user from LOLU or third parties associated with LOLU may constitute a warranty not expressly referred to in these Terms of Use.

At LOLU TEA SHOP we stand behind the products we sell and hope that you are more than satisfied with your goods. All products intended for consumption are non-refundable and we do not accept returns.

Refund policies

NON-REFUNDABLE RATE for nutrition assessment is to protect LOLU in circumstances of sudden cancellation and to compensate the business for the time, effort and money expended up to that point. When you don’t attend your appointment or don’t give us enough notice that you can’t attend, that also means that we have turned away other clients because that time was allocated to you specifically for that service, which is not fair on other clients trying to secure an appointment.
To ensure we can offer the best service to you and all the valued clients we have in place the following policies. We may use our discretion and waive or relax the policy where we deem necessary if the circumstance is an emergency.
We greatly appreciate your support of our service and we will promise to provide the utmost professional service to you with every visit. Cancellation within 48 hours will be charged for $100 for the completion of initial assessment preparation. A report of prepared initial assessment will be sent to client.

Refunds - If you have not been issued a tracking number, we can refund your order for a change of mind. If you have received your tracking number, we cannot refund your order.


Limitation of liability
The User expressly understands and agrees that LOLU shall not be liable towards the User for any direct, indirect, incidental or special, arising from the use of the software. Also, LOLU shall not be liable for the omission of any of the legally imposed obligations on the Professional, namely those resulting from the General Data Protection Regulation or applicable Codes of Ethics.

Indemnity

You agree to indemnify us against all costs, claims and expense we suffer, or could suffer, arising directly or indirectly from:

  1. a nutritionist unable to undertake some or all of your assessment;
  2. any injury you suffer during, or as a result of, any assessment or product (including but not limited to bruising, infection or localised pain);
  3. you attending an unauthorised assessment or product;
  4. any delay in us providing you assessment or product;
  5. your failure to act on our advice or recommended course of actions;
  6. your failure to disclose your assessment or products (in whole or in part) to a GP or other medical professional;
  7. a contractual or negligence claim arising from your use of the Services or Products;
  8. a breach of the intellectual property rights of any person;
  9. your breach of this agreement;
  10. any loss you suffer due to your password being hacked, lost or stolen or used by a party who was not authorised to use your password;
  11. your disclosure of health information to us;
  12. any act, neglect or default by any agent, employee, licensee or customer of yours; and
  13. your failure to comply with the law of any country.