Terms and Conditions

Last updated: October 21, 2022

Please read these Terms and Conditions carefully before using Our Services.

Interpretation and definitions

Interpretation

Capitalized terms have the meanings set forth in the following Terms. These definitions have the same meaning whether the terms appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application refers to Services available as a Website or a native mobile operating system (iOS or Android) application.
  • Company (also mentioned “We”, “Us”, or “Our”) refers to Libra & Co SAS, 11 rue Roger Bacon, 75017 Paris, France.
  • Coach refers to the professional, employed or independent (whether or not verified by the Company), providing a Wellness offering similar to the Services to other Users, e.g. a nutritionist, personal trainer or health coach.
  • Cooperator refers to the professional providing a Wellness offering complementary to the Services to other Users, e.g. a restaurant owner, gym owner, content publisher, or Wellness goods manufacturer.
  • Country refers to: France.
  • Device refers to any device that can access the Services such as a Personal Computer, a mobile device (smartphone or tablet computer), an integrated virtual assistant (smart speaker or television) or equivalent consumer electronics.
  • Integration refers to a Service accessed via a third-party application, e.g. libra · sista (via WhatsApp), or Device.
  • Order means a request by You to purchase Products from Us.
  • Partner refers to an independent Coach or Cooperator.
  • Products refers to the Wellness services or (digital or physical) goods offered (for free or for sale) on the Services.
  • Services refers to the Products accessible via an Application, an Integration or Telehealth.
  • Terms and Conditions (also mentioned “Terms” or “T&C”) refers to these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Services.
  • Telehealth means the delivery of Services thanks to telecommunication technologies.
  • Website refers to Services accessed through a Device web browser, e.g. libra.diet.
  • Wellness refers the active process of achieving a good health and is meant here with a holistic approach, i.e. in which physical and mental states are considered in relation to the environment.
    It covers nutrition, physical fitness (including sleep), and mental wellness.
  • You (also mentioned “User” or “Your”) refers to the individual accessing or using a Service, or the company, or other legal entity on behalf of which such individual is accessing or using a Service, as applicable.

Overview

These are the Terms and Conditions governing the use of a Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all Users regarding the use of a Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, Users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms then You may not access the Service.

You represent that You are over the age of 13. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing an Order

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your email address, Your phone number, Your name, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Availability of Products
  • Errors in the description or prices of Products
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order cancellation rights

Any Products You purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read Our Returns Policy to learn more about Your right to cancel Your Order.

Your right to cancel an Order only applies to Products that are returned in the same condition as You received them. You should also include all of the Products instructions, documents and wrappings. Products that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Products while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Products. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Products:

  • The supply of Products made to Your specifications or clearly personalized.
  • The supply of Products which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Products which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, errors and inaccuracies

We are constantly updating Our offerings of Products on the Services. The Products available on Our Services may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at anytime without prior notice.

Pricing policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange fees and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Products purchased are subject to a one-time payment. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Intellectual Property

The Service and its original content (excluding Content provided by You, other Users, or a Partner), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks, slogans, trade dress (including logos), whether registered or not, may not be used in connection with any service or good without the prior written consent of the Company.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such products (services, content or goods) available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

You agree to use the Service at Your own responsibility and risk. The information provided through the Service by the Company or its Partners is for informational purposes only. You are informed that You are free to follow or not the recommendations that are proposed to You through the Service and that You can in no case seek the responsibility of the Company in the event that the implementation of these recommendations would not lead to the expected result.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100EUR if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE”

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and the irrespective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Website or the Application may also be subject to other local, state, national, or international laws.

Disputes resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

United States legal compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original text, written in the official language of the Country, shall prevail in the case of a dispute.

Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Service.

Contact us

If You have any questions about these Terms and Conditions, You can contact us: