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
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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.
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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.
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.
