Terms of Use VEDIC LAB SCIENCE OF WELLNESS APP

These Terms of Use are effective as of 1st January 2024.


PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms of Use and Platform (refer to Clause 8), the purchase and renewal of subscriptions to the Platform (refer to Clause 2) and limitations of liability (refer to Clause 7.1). 


Welcome to the VEDIC LAB community!

These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Use") apply to your use of (and subscription to) the VEDIC LAB Science of Wellness mobile application ("VEDIC LAB App").


These Terms of Use are entered into by and between you as a user (referred to as "User", "you" or "your") and Swiss EcoNaturals AG and its affiliates (referred to as "VEDIC LAB", "we", "us" or "our"), and supersede and replace any terms and conditions of services that you may have previously agreed with VEDIC LAB in connection with the Platform.


Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.

For more details about VEDIC LAB's privacy practices, please refer to our Privacy Policy.


1. USER

1.1 Eligibility

By accessing or using the Platform, you confirm that you are of legal age in your country, are not under 16 years old and have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.


1.2 User Account Creation

To use certain features of the Platform, you will need to create a user account (each, a "User Account") by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. Please provide accurate and current information when creating your User Account. In the event that the User information is inaccurate, we reserve the right to

 

a) limit the number of User Accounts that you may create or maintain;

b) stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or

c) refuse to create a User Account for you.


1.3 Security

By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). VEDIC LAB is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.


You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the VEDIC LAB team in writing at care@vediclab.com of any unauthorised use of your User Account or any other breaches of security.


1.4 Suspension and termination

VEDIC LAB will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.


You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.


2. SUBSCRIPTION SERVICE

2.1 Subscription

You can choose to subscribe to the Platform either on a monthly or annual basis, or for such other periods that VEDIC LAB may offer from time to time, and the applicable fees are set forth on the VEDIC LAB App.

Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. 


VEDIC LAB reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.


2.2 Free trials

We may provide a free trial subscription for a fixed period of time, as determined by VEDIC LAB in its sole discretion. Unless otherwise stated by VEDIC LAB in respect of specific promotions, free trials are only available to new VEDIC LAB users, and VEDIC LAB reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.

After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".


2.3 Payment details

You can pay the fees for your subscription on the VEDIC LAB App through your account with the applicable app store in the case of the VEDIC LAB App (i.e. through in-app purchases).


The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).


When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. VEDIC LAB reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.


In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.


2.4 Automatic renewal of subscription

Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your app store profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.


2.5 Cancellation and refund of subscription fees

Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.


3. USE OF THE PLATFORM

3.1 By using the Platform, you confirm that you will not use the Platform for any of the following:


(a)Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which VEDIC LAB or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").


(b)Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.


(c)Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.


(d)Fraud – any act that: (i) attempts to defraud VEDIC LAB or any other person; or (ii) provides false, inaccurate or misleading information to VEDIC LAB.


3.2 Contributed Content

(a)You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to VEDIC LAB) ("Contributed Content") and expressly agree not to submit or upload any Contributed Content which:

(i)advertises or promotes any services or brands (with respect to you or any third party);

(ii)contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;

(iii)you know not to be true and honest, or which spreads false or misleading statements;

(iv)you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;

(v)impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;

(vi)contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;

(vii)contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;

(viii)constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam";

(ix)may expose VEDIC LAB or other Users to any harm or liability of any kind; or

(x)is contrary to any Applicable Laws.

(b)VEDIC LAB has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform

(c)You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.

(d)If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the VEDIC LAB team at care@vediclab.com.


4. AVAILABILITY OF SERVICES, SECURITY

4.1 VEDIC LAB shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of VEDIC LAB's control. VEDIC LAB will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.


4.2 You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.


4.3 You acknowledge and agree that VEDIC LAB shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.


4.4 You must immediately notify the VEDIC LAB team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.


4.5 Users may also be required to download and install updates to the VEDIC LAB App so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.


5. INTELLECTUAL PROPERTY, USE LICENCE

5.1 VEDIC LAB's ownership of the Platform

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by VEDIC LAB, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.


5.2 User's licence to use Platform.

You are not granted any right to use, and may not use, any of VEDIC LAB's Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:

(a)you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from VEDIC LAB

(b)you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and

(c)you may not use any data mining, robots or similar data-gathering or extraction methods.

VEDIC LAB reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.


5.3 Contributed Content.

(a)By posting or otherwise providing Contributed Content, you grant VEDIC LAB a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

(b)You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide VEDIC LAB with such Contributed Content.


6. THIRD PARTY SERVICES AND CONTENT

In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, VEDIC LAB does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.


Your dealings or correspondence with such third parties are solely between you and the third party. VEDIC LAB is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.

If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that VEDIC LAB is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.


7. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

7.1 Limitation of Liability

(a)Nothing in these Terms of Use shall exclude or restrict VEDIC LAB's liability for: (a) death or personal injury resulting from the negligence of VEDIC LAB or its Associated Parties (as defined in Clause 7.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws; or (d) the indemnities set out in Clause 7.3 and paragraph 2(d) of the Prenatal and Post-Pregnancy Program Addendum (where applicable).

(b)Subject to the foregoing, to the maximum extent permitted by Applicable Laws:

(i)in no event shall VEDIC LAB, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:

(A)indirect or consequential loss; or

(B)loss of profit, business opportunity, anticipated savings, revenue or goodwill,in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use; and

(ii)VEDIC LAB and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to USD 100.00.


7.2 Disclaimers

(a)To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of VEDIC LAB are provided on an "as is" and "as available" basis and VEDIC LAB expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, VEDIC LAB does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

(b)The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, VEDIC LAB is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.


7.3 Indemnification

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand VEDIC LAB and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:

(a)your use of, or conduct in connection with, the Platform;

(b)your breach of these Terms of Use or any other policy;

(c)the Contributed Content you provide; or

(d)your violation of any Applicable Laws or the rights of any other person or entity.

You will provide VEDIC LAB and the Associated Parties with any assistance that VEDIC LAB and the Associated Parties reasonably requests in defending any such action or proceeding.


8. CHANGES AND UPDATES TO PLATFORM, TERMS OF USE

VEDIC LAB may terminate or modify any feature or part of the Platform at any time without notice. VEDIC LAB may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.


9. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

9.1 If you have any questions, feedback or complaints, please contact the VEDIC LAB team at the following email address: care@vediclab.com. 

9.2 These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by Swiss law. The courts of Switzerland have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use.

9.3 If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use, including this Clause 9, affects your rights as a consumer to rely on such mandatory provisions of law.


10. GENERAL

10.1 FORCE MAJEURE EVENT

A "Force Majeure Event" means any event beyond VEDIC LAB's reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If a Force Majeure Event occurs that affects VEDIC LAB's ability to perform its obligations under these Terms of Use, the VEDIC LAB team will contact you as soon as reasonably possible to notify you and VEDIC LAB's obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.


10.2 Data Privacy

We will only use your personal information as set out in VEDIC LAB's Privacy Policy (as amended from time to time).


10.3 Transfers

VEDIC LAB may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or VEDIC LAB's obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.


10.4 Validity

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.


10.5 Waiver

No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.


10.6 Relationship of the parties

Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by VEDIC LAB to you.


10.7 Third party rights

A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.


EXPERT CENTER GUIDELINES ADDENDUM

The VEDIC LAB Expert Center is a dedicated place for Users  to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and wellness journey. Many Users believe the key to reaching their health and wellness goals lies in having support and advice along the way, and we agree!

We encourage users to post content that is helpful throughout a health and wellness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!


General Rules

  • Always be polite and respectful towards others
  • Profanity is discouraged and will be moderated
  • No bullying/harassment or malicious comments
  • Don’t post anything illegal, offensive or NSFW (e.g. inappropriate photos, illegal supplements, etc)
  • Don't post pro-anorexia/suicide/self-harm related content
  • Don’t post links to other sites that violate the forum guidelines
  • Spam, commercial advertising and self-promotion will not be tolerated
  • Use your discretion when posting personal information about yourself– do not post anything that you wouldn't be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section 'Sharing information in the VEDIC LAB Forum' below for further details
  • We encourage healthy conversation and constructive debates but discourage arguments or content that is inflammatory
  • VEDIC LAB does not endorse anything posted by Forum Users and has no responsibility for how the information that you choose to post in the Forum is used.


If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete your posts in the Forum and/or remove you from the Forum.


Sharing information in the VEDIC LAB Expert Center

The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.

Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and apps. 


  • If you do choose to share information which can be linked to you, be careful about what you post. 
  • We recommend that you do not post sensitive personal information  that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum. 
  • Do not share personal information about other people or content that you do not have the right to share in the Forum. 
  • We have no responsibility over the information that you choose to post in the Forum.  
  • Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally. 
  • If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally. 


ADDITIONAL TERMS

2. CANADA

2.1 Section 1.1 (Eligibility) is replaced with the following:

By accessing or using the Platform, you confirm that:

2.1.1. you are of legal age in your country and not under 16 years old. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable); and

2.1.2 you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.

3. UNITED STATES OF AMERICA

3.1 Section 1.1 (Eligibility) is replaced with the following:

By accessing or using the Platform, you confirm that:

3.1.1 you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and

3.1.2 you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform