TERMS OF USE
06.03.2023
THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF DR. SKINNY MOBILE APP AND ANY PURCHASE YOU MAKE BY ITS’ MEANS. YOU WILL NEED TO CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND OUR DISCLAIMER IN ORDER TO PROCEED WITH YOUR ORDER AND TO MAKE A PURCHASE.
YOU ALSO NEED TO CONFIRM THAT YOU CONSENT TO GEBERICH OU (AND\OR ITS’ APPOINTED PROCESSORS) PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROCEED WITH A PURCHASE. PLEASE READ THE TERMS WHICH DEAL WITH GEBERICH’S USE OF YOUR PERSONAL DATA CAREFULLY.
IF YOU DO NOT AGREE TO THE TERMS BELOW AND/OR OUR PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS PLEASE DO NOT USE THE MOBILE APP.
MEDICAL DISCLAIMER:
“Dr.Skinny” mobile app does not provide medical advice, it is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice in seeking treatment because of something you have read or see by using “Dr.Skinny” mobile app.
We do not guarantee that the contents of Our “Dr.Skinny” mobile app will be effective for You if You have any specific physical or health conditions that may deter positive results.
HEALTH DISCLAIMER:
Please read this disclaimer before applying any of the information received via the “Dr.Skinny” mobile app. Exercise is not always without risk, even for healthy individuals. Certain types of exercise are riskier than others and all exercise is risky for some individuals.
You are responsible for Your health and safety at all times. We are not responsible for errors and omissions in displayed content. You are not to use the Content of the “Dr.Prost” website for any kind of self-treatment or self-diagnostics.
1. Definitions
1. 1. In these Terms, the following words have the following meanings unless the context otherwise requires:
1.1.1. “Geberich”, “We” means Geberich OÜ, incorporated and registered in Estonia, with reg.#12018330, with its’ registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Endla tn 15, 10122;
1.1.2. “Dr.Skinny”, “Mobile App” means Our mobile application software “Dr.Skinny” distributed via Google Play and AppStore platforms, which allows You access to its Content on to make purchases of specific set of Products directly from Us.
1.1.3. “Device” means Your personal electronic device for accessing Internet – a smartphone, a tablet, or any similar device, technically fitting to access, download and use “Dr.Skinny” mobile app.
1.1.4. “You, Your, Yourself” means a natural person, who having accessed the mobile app via Internet on Your Device, is viewing the content and using the functions the mobile app is providing;
1.1.5. “Content” means any and all information materials (whether text or visual) on physical exercises to assist in losing weight, and links necessary to purchase the Products;
1.1.6. “Processor” means WEBWORK INTERNATIONAL LTD, incorporated and registered in the United Kingdom, with the company registration number 12226309, and whose registered office is at Wisteria Grange Barn, Pikes End, Pinner, United Kingdom, HA5 2EX. The Processor might process Your personal data on behalf of Geberich OU as well as might contact You on their behalf.
1.1.7. “Products” – means food supplements distributed by Geberich OU and/or third party vendors.
2. Terms and Conditions
These Terms govern Your use of the “Dr.Skinny” mobile app and its’ functions as described below.
3. Ordering the Content and Product
3.1. “Dr.Skinny” mobile app contains video materials and articles on helping weight loss, illustrations and text descriptions of exercises to improve metabolism. To purchase Content from Us You will need to download “Dr.Skinny” mobile app. You may then purchase a subscription to paid Content and the Products, as described below. You have the option to register an account in “Dr.Skinny” mobile app by creating and submitting your Login and Password. We store said data in Google’s “Firebase” platform. Please note that You may only use the tracker of your completed trainings and weight loss if you register a personal account.
3.2. Please ensure that Your use of “Dr.Skinny” mobile app and the purchase of the Content is legal in the country in which You are resident and/or in which You are accessing / downloading the mobile app. We reserve the right not to supply any Content for reasons such as delinquent accounts, legislative obligations, etc. If this situation occurs, you will be notified by email and Your payment will be refunded.
3.3. By using “Dr.Skinny” mobile app You warrant and confirm that You are at least 18 years old and capable of entering into binding contracts. You further warrant that you understand and agree to be bound by these Terms.
3.4. You may apply for the subscription to the Content via the “Dr.Skinny” mobile app based on tariffs set out in the App interface. After choosing the type of the subscription, You will be transferred to the payment page, where You will be required to submit Your relevant payment data. PLEASE NOTE that the payment service used to process Your data and payment is a third party, We do not have access to Your personal financial or payment data.
3.5. You may at Your discretion purchase the Products advertised in the “Dr.Skinny” mobile app. To do so, You will need to click on appropriate Products, and You will be forwarded to a vendor website, where You will be able to form and make an order for the Products. HEALTH WARNING: The Products are food supplements and are not medicinal products. The Products are not intended to treat, diagnose, cure, or alleviate the effects of diseases. The Products should not be used as a substitute for a varied diet and should be stored out of the reach of children. You shall not exceed the stated recommended daily dose. As these vendors are third-party entities, the terms of placement of orders, returning them, receiving refunds and processing data are regulated by their respective policies and terms, and are outside of Our scope of responsibility.
4. Liability
4.1. We have no Liability to You for any incidents, damages and losses which, at the time of You using the “Dr.Skinny” mobile app, was not a reasonably foreseeable consequence of Us breaching these terms and conditions, for example, if You and/or We could not have contemplated such losses before or at the time when You started using the “Dr.Skinny” mobile app.
4.2. “Dr.Skinny” mobile app functions are provided on an “as is” basis, We do not guarantee that “Dr.Skinny” mobile app will be totally compatible with Your device and accept no Liability for any corruption and/or loss of data held on Your device, or any Liability for any other loss or damage of any kind caused to Your device resulting from use of the mobile app.
5. Restricted Use
5.1. You agree that You will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the “Dr.Skinny” mobile app. You may not violate or attempt to violate the security of Our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with the “Dr.Skinny” mobile app, or attempt to do so for any reason or by any means.
5.2. You do not have the right to and may not create derivative works of the “Dr.Skinny” mobile app or any portions thereof. All modifications or enhancements to “Dr.Skinny” mobile app remain the sole property of Geberich OU.
6. Updates.
6.1. We reserve the right to add or remove features or functions to existing “Dr.Skinny” mobile app. This update occurs automatically with no notice to You. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the “Dr.Skinny” mobile app.
7. Security
7.1. “Dr.Skinny” mobile app, like other consumer technologies, may not be 100% secure. By accepting these Terms you acknowledge and accept that the “Dr.Skinny” mobile app and any information You download or offer to share by means of the “Dr.Skinny” mobile app, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure.
7.2. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access.
8. Consent to use Device data
8.1. At your consent “Dr.Skinny” mobile app collects and uses technical data and related information - technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to “Dr.Skinny” mobile app, as well as the geographic location at which the device is used. We may use this information in accordance with the Privacy Policy located here.
9. Intellectual property
9.1. “Dr.Skinny” mobile app, including all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Us are Our property or the property of Our licensors, and are protected by EU and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
9.2. Geberich and Dr.Skinny names, logos and affiliated properties, are the exclusive property of Geberich or its’ affiliates.
10. Copyright
10.1. We respect and expect Our users to respect the rights of copyright holders. On notice, We will act appropriately to remove content that infringes the copyright rights of others. We reserve the right to disable the access to “Dr.Skinny” mobile app by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe “Dr.Skinny” mobile app, or elements, infringe your copyright rights, please contact Us by post or courier at the address specified in the details section below.
Please ensure your communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the “Dr.Skinny” mobile app;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by You that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Addressing Us by mail constitutes Your consent to Us processing Your contact data and personal data You specified for the purpose of responding to Your letter if the situation demands it, and to reference Your mail in any legally binding queries on the subject matter of our exchange by competent authorities or entities so empowered by law.
11. Limitation of liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR 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 GEBERICH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE DR.SKINNY MOBILE APP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY MEANS OUTSIDE OF OUR IMMEDIATE CONTROL; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE DR.SKINNY MOBILE APP. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MOBILE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. General
12.1. Unless otherwise is applicable, these Terms are governed by Estonian legislation.
12.2. If any provision of these Terms is found by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.3. We shall have any no liability to You for any delay or failure to perform to the extent that it is due to any event outside Our reasonable control including, denial of service attacks, internet disruption, war, flood, fire, strikes, lock outs, riots, civil commotion, malicious damage, explosions, governmental actions and any other similar events. If We are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
12.4. By accepting these Terms and Conditions You confirm that You are over 18 and have read, understood and agree to these Terms.
12.5. You also consent to the processing of Your personal data for the purposes set out in these Terms and conditions, including the Copyright section above.
12.6. We have the right to modify, vary or amend these Terms from time to time. Amendments shall be effective from the date determined in them. Amendments are binding for You, unless You have rejected them in writing prior to the day the amendments become effective.
12.7. We shall publish the amendments of the Terms to be made available via the “Dr.Skinny” mobile app at least 10 days before the amendments become effective.
13. Our details
13.1. You can use these details for communicating with us.
Name: Geberich OÜ
E-mail: [email protected]
Address: Järvevana tee 9, 11314 Tallinn, Estonia