Terms and Conditions
Please read these Terms and Conditions carefully, they contain important information about your rights and obligations. You can print out these Terms and Conditions by clicking on the print icon on your browser.
Please read these Terms and Conditions carefully before using the web site operated by Herbalife (U.K.) Limited (“Herbalife”, “our”, “we” or “us”) (Company Registration Number: 1710199 and VAT number: GB 669 133 612).
Please read the Terms and Conditions carefully before using the Site. By using the Site, including all web pages and all information, data, text, software, information, images, sounds or other materials (collectively, the "Content") contained therein, or using or purchasing of any other Products or Offerings (as defined below) you agree to be legally bound by these Terms and Conditions and your use is subject to your continued compliance with these Terms and Conditions.
If you do not accept these Terms and Conditions, do not use the Site or make any online purchases.
Herbalife customer guarantee
Your information and your privacy
Use of e-mail addresses provided by the Site
Nature of Transactions
Cancellation of an order by you
Cancellation of an order by us
Delivery of Products
After Sale Assistance
Disclaimer of warranties; limitation of liability
Invalidity and Applicable Law
1.1 This Site is for use by Distributors in connection with the Herbalife Business Opportunity (as described at http://www.herbalifemail.com/temp/pdf/20100331_bus_presbook_col_en.pdf including for the supply of Products by Herbalife to Distributors (collectively referred to hereinafter as the "Offerings"). The Site also provides information on how to become a Distributor. If you are dissatisfied with the Site or any other Offerings, your sole and exclusive remedy is to stop using the Site or other Offerings, except as otherwise expressly stated in these Terms and Conditions.
1.2 The supply of Products is limited to orders to be shipped within the United Kingdom. Herbalife accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase of Products where such Products are shipped outside the United Kingdom.
1.3 The use of the Site presupposes an existing contractual relationship between you and Herbalife. These Terms and Conditions are not intended to replace any existing contractual relationship between you and Herbalife but rather they are intended to apply to the online purchase of Products and use of the Site only.
2 INTELLECTUAL PROPERTY
2.1 Ownership and restriction of use.
The Content of the Site is protected by international copyright laws and other intellectual property rights. The owner of these rights is Herbalife International Inc and Herbalife Europe Limited[, their affiliates or other third party licensors]. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Offerings in any way without our prior express written permission. You may not modify any materials contained within the Site or other Offerings nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property whatsoever through your use of the Site or other Offerings. We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of using the Site or other Offerings. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Offerings or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Offerings to a human-readable form (save to the limited extent, if any, permitted by applicable law). You may not transfer any portion of the Site or other Offerings to any third party. Herbalife, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trade marks and/or service marks of Herbalife International of America, Inc., or its affiliates. All other trade marks, service marks, and logos used on the Site or other Offerings are the trade marks, service marks or logos of their respective owners. Any commercial use or exploitation of the Site or its Content is strictly prohibited. If you breach any of the terms of these Terms and Conditions then the foregoing licence above automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
2.2 Content submission.
If you submit any Content to us, you grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us. You may only post Content to the Site if you have obtained appropriate copyright and other permission to post such Content and to grant us the licence to publish such Content without restriction. You agree that any ideas, suggestions or testimonials submitted to us will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trade mark rights and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
3 MODIFICATIONS TO WEBSITE
We reserve the right at any time to enhance, add to, modify, suspend or discontinue the Site (including your access to it), the Content or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion. Unless explicitly stated to the contrary, any enhancements, additions or modifications to the Site, the Content or other Offerings will be subject to these Terms and Conditions. We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary losses or damages due to any enhancement, addition, modification, suspension or discontinuation of the Site or other Offerings or our termination of your access to the Site or other Offerings.
4 CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right at any time to change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon notice, which may be provided to you via e-mail or by display on the Site (hereinafter, "Notice"). Your use of the Site or other Offerings after such Notice will be deemed acceptance of such changes. Be sure to review these Terms and Conditions periodically to ensure familiarity with its most current version.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software, nor any loss suffered as a result of your inability to access the Site. While we endeavour to ensure that the Site is available 24 hours a day, we cannot guarantee that the Site will operate continuously or without interruptions or be error free and we shall not be liable if, for any reason, the Site is unavailable at any time or for any period. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device.
You must be over 18 years to purchase the Products or participate in the Herbalife Business Opportunity and you represent and warrant that you are at least 18 years old. Products and the Herbalife Business Opportunity cannot be offered, shipped into or sold in any country outside of the United Kingdom. If you are not eligible to purchase Products or participate in the Herbalife Business Opportunity, please Log Out and leave the Site now.
7 HERBALIFE CUSTOMER GUARANTEE
Herbalife guarantees the quality of any Product which carries the Herbalife name and certifies that the Products manufactured for it meet high standards of freshness and purity for customer use. We are confident that our customers will find our Products satisfactory in every way. However, if for any reason, a retail customer is not completely satisfied with any Product purchased from a Distributor, the customer may request a refund from the Distributor within thirty (30) days from the date the customer receives the Product. The customer will be instructed to return the Product, or the unused portion thereof, to the Distributor from whom the customer purchased the Product. The Distributor must offer the customer a full credit toward the purchase of other Products or a full refund of the purchase price. This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain Products and does not apply to any Product intentionally damaged or misused. This guarantee is in addition to the customer’s statutory rights under the Sale of Goods Act 1979.
8 YOUR INFORMATION AND YOUR PRIVACY
9 USER CONDUCT
You are responsible for any and all Content that you send to us. You may not use the Site or other Offerings or any information that you get from the Site or other Offerings to:
9.1 interfere with any other user's use of the Site or other Offerings;
9.2 conduct any unlawful or fraudulent activity, including without limitation posting or transmitting any libellous, defamatory, inflammatory or obscene material;
9.3 intentionally solicit or harm minors in any way;
9.4 misrepresent your own identity or any affiliation that you may have;
9.5 modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or other Offerings;
9.6 alter or remove any copyright, trade mark or other proprietary rights notices;
9.7 "frame", "mirror" or "deep link" any part of the Site or other Offerings without our prior written authorization;
9.8 link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us; or
9.9 introduce viruses, Trojans, worms or other material which is malicious or technologically harmful.
10 USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE
10.1 When using any e-mail address provided to you on or through the Site or other Offerings, you agree not to transmit to any person or entity:(a) any Content that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party's intellectual property or other rights;
(b) any non-public information about any company;
(c) any trade secret; or
(d) any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
10.2 Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING HERBALIFE'S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
10.3 The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with Herbalife and/or its Products and services is prohibited.
10.4 You must comply with applicable local laws and regulations in relation to data protection and the sending of promotional materials. In addition, if a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request.
10.5 Herbalife prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
The people giving product or business opportunity testimonials on our Site or other Offerings reflect the actual experience of each individual, are anecdotal only, and may be atypical. Testimonials or views do not necessarily reflect the views of Herbalife.
12 APPLICABILITY OF ON-LINE MATERIALS
We have used our best endeavours to ensure that the Site complies with UK laws. However, we make no representations that the materials on the Site are appropriate or available for use in locations outside the UK. Those who visit the Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the Site and/or viewing of it, or use of any material or content on the Site or services, or products offered through the Site are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.
We may provide links to third-party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third-party web sites or resources, we are not responsible or liable for any content, or for your reliance on any content, found on such third-party web sites or resources. Any concerns regarding any external link should be directed to its web site administrator or web master.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on the Site. You may not share these with or transfer them to any third parties. You must notify Herbalife immediately of any unauthorised use of them or any other breach of security regarding the Site that comes to your attention.
Although we attempt to ensure that the information on the Site and other Offerings is correct, we make no guarantee or warranty as to the accuracy or completeness of the Site, any of its Content or other Offerings. The Site may contain typographical errors or other inaccuracies, or information that is out of date. We are under no obligation to update such material. If you believe that you have discovered an error in the Site or other Offerings, please contact us at 0845 056 0606 or +44 (0)1895 819000 (Mon to Fri 9.00 - 17.30 in the United Kingdom) and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
16 NATURE OF TRANSACTIONS
16.1 Transactions under the Site are intended to be between Herbalife and Distributors and as such all transactions are considered to be from business to business.
16.2 To the maximum extent permitted by law, all the rights under the Consumer Protection (Distance Selling) Regulations 2000 are excluded. These include the right of cancellation and refund.
16.3 To the maximum extent permitted by law and subject to the test of reasonableness there is no implied term that any product is fit for a particular purpose.
17 CANCELLATION OF AN ORDER BY YOU
17.1 If due to our error you receive products different than the ones you ordered you have the right to cancel the order or to request correction in accordance with clause 17.2 below. In such an instance, and where the error was a result of fault on our part, we shall be liable for the cost of sending the Products back to us.
17.2 If the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Products in question.
17.3 If you notify to us any matter under clause 17.2 above, our only obligation will be at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any Products that are damaged or defective; or
(c) to refund to you the amount paid by you for the Products in question in whatever way we choose
17.4 We will not be liable to you for any indirect or consequential loss, damage or expenses or for loss of profits, business opportunities, qualification or goodwill, howsoever arising out of an error or any of the incidents outlined in clauses 17.1 and 17.2 above and we shall have no liability to pay any money to you by way of compensation other than the remedies outlined in 17.3 above
18 CANCELLATION OF AN ORDER BY US
18.1 We reserve the right to cancel an order if: (a) we have insufficient stock to deliver the Products you have ordered; (b) we do not deliver to your area; or (c) if your Distributor status does not allow Herbalife to process the order.
18.2 Although we try to ensure that the prices displayed on the Site are accurate, we also reserve the right to cancel an order if one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
18.3 If we cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card within 30 days of your order.
18.4 We will not be obliged to offer any additional compensation for disappointment and/or for any subsequent loss, damage or expenses (including loss of profits, business opportunities, qualifications or goodwill) arising out of a cancellation by us for any of the reasons in clause 18.1.
18.5 If the cancellation of the order is attributed to any of the factors outlined in clauses 17.1 and 18.1 such cancellation will be considered a reason to allocate the volume month of a compensating order to the month in which the cancelled order was placed.
19.1 The prices payable for the Products are set out on the Site next to each Product. All prices are exclusive of VAT.
19.2 At the check out stage you will be provided with an itemized statement of the total costs of your purchases. This will include package and handling, freight/pickup cost, and VAT.
19.3 By submitting the order you are explicitly accepting the total amount due for the order and these Terms and Conditions
20 DELIVERY OF PRODUCTS
20.1 We will deliver the Products ordered by you to the address you give us at the time of placing the order.
20.2 Delivery will be made as soon as possible after your order is placed and in any case no later than 30 days from our confirmation of the order.
20.3 Once the Products are delivered you will become the owner of the Products and you will hold them at your own risk, we will not be liable for their loss or destruction.
20.4 The shipping will be made as per your instructions. If such instructions are incorrect or you change your mind after submitting your order additional charges will be applied. This will not affect the passing of the risk to you.
20.5 In the event that delivery to certain areas is not possible we may ask for alternative shipping instructions. We reserve the right to cancel the order as stipulated in sub clause 18.1(b).
20.6 In the event that the delivery is to the United Kingdom and the delivery region chosen was Channel Islands, we reserve the right to charge you the correct VAT if delivery occurs to the United Kingdom. Channel Island orders have a 0% VAT, and therefore if the order is to the mainland United Kingdom but an incorrect delivery region option has been chosen, the VAT must be charged.
21 AFTER SALE ASSISTANCE
21.1 For any problem related to your order you may contact Distributor Services on 0845 056 0606 (Mon to Fri 9.00 - 17.30) or email firstname.lastname@example.org
21.2 For any problem related to the use of the Site contact Webadministrator@herbalife.com
21.3 Alternatively, please visit the “Contact us” page to view other possible ways to get in touch with us.
22.1 If you are at supervisor level, a discount of 50% will be automatically applied to your order.
22.2 If you think you are entitled to the 50% discount but are not given that discount automatically, please email Distributor Services at email@example.com or call 0845 056 0606 (Mon to Fri 9.00 - 17.30).
22.3 As a Distributor you are entitled to discounts between 25% and 42%. It is up to you to indicate the correct discount when placing your order. For explanation on discounts see page 28 of the Product List and the relevant part of the Sales and Marketing Plan in your Guide Book, which is the International Business Opportunity booklet you received in your International Business Pack when you signed up.
22.4 You shall promptly return to us the amount of any discounts wrongly applied to you if you become aware of such wrongly applied discount, or if we notify you of such wrongly applied discount.
23.1 Payments for Products must be made by Credit Card or Debit Card only.
23.2 Once your payment has been processed, you will receive an e-mail with a temporary Internet order number, payment, and shipping details for your reference.
23.3 You will receive a second e-mail with the finalized order details including the actual Herbalife order number. This is when the volumes generated by your order will be reflected on your account.
23.4 If your annual fee is due at the time you place an order, it will be charged to your order at the applicable rate.
24 VOLUME MONTH
24.1 Existing rules for end of month apply.
24.2 The order month is generated at the moment of check out.
24.3 In End of Month (“EOM”) situations, orders must be placed and fully paid by midnight on the specified EOM date.
25 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or other Offerings, you expressly agree that:
25.1 The Site and other Offerings are provided on an "as is" and "as available" basis. To the extent permitted by applicable law, we provide you with access to the Site on the basis that we disclaim all warranties, representations, conditions and other terms of any kind, whether express or implied, including, but not limited to the implied warranties, conditions or other terms of merchantability, fitness for a particular purpose and non-infringement and other terms which, but for these Terms and Conditions, might have effect in relation to the Site, except as expressly noted in the section of these Terms and Conditions entitled Herbalife Customer Guarantee.
25.2 We do not make any warranty that
(a) the Site or Offerings will meet your requirements;
(b) the Site or other Offerings will be uninterrupted, timely, secure or error-free;
(c) the results that may be obtained from the use of the Site or other Offerings will be accurate or reliable; or
(d) any errors in the Site or other Offerings will be corrected.
25.3 Your use of the Site or other Offerings is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. We, and our respective partners, officers, members, employees and advisors will not be liable for any direct, indirect or consequential loss or damage, nor for any loss of revenue, profit, business, data, goodwill or anticipated savings suffered by any person as a result of reliance on a statement or omission on the Site. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Offerings. We may not be held liable for any damages or harm attributable to viruses or other destructive materials.
25.4 We make no representations or warranties regarding Distributor web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any Distributor web sites.
25.5 Herbalife must approve any additional warranties in writing. You agree not to hold us, our officers, directors, members, employees, agents, designees, representatives, Distributors, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary losses or damages nor for any damages for loss of profits, loss of revenue, loss of anticipated savings, loss of goodwill, and loss of data, even if we have been advised that such losses may occur, which result from: (a) your inability to access your registration data at any time;
(b) your participation as a Distributor;
(c) your use or inability to use the Site or your purchase or use of other Offerings;
(d) unauthorized access to or alteration of your transmissions or data; or
(e) the acts of any third party related to the Site or other Offerings.
25.6 You hereby waive any claims with respect to the matter in clause 25.5 , whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Nothing in these Terms and Conditions shall exclude or limit our liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be excluded or limited under applicable law.
26.1 You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, Distributors and representatives harmless on demand from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or in any way related to:
(a) your acts or omissions in connection with the Site or other Offerings;
(b) the acts or omissions of any person in connection with the Site or other Offerings using your account;
(c) your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account;
(d) breach of any provision of these Terms and Conditions;
(e) any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trade mark, trade secret or other intellectual property or other rights of any third party; and/or
(f) violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
26.2 If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
27.1 We may, but you may not, assign any rights and/or transfer, subcontract or delegate any obligations under these Terms and Conditions, and/or charge or deal in any other manner with these Terms and Conditions or any of our respective rights or obligations. Any purported assignment, transfer, subcontracting, delegation, charging or dealing in contravention of this clause 27.1 shall be ineffective. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
27.3 If any provision of these Terms and Conditions are held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms and Conditions will remain in full force and effect and will not in any way be impaired. If any provision of these Terms and Conditions are held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
27.4 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the law of England and Wales. You and Herbalife irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions.
27.5 Except in respect of a payment obligation, neither you nor Herbalife will be held liable for any failure to perform any obligation to the other due to causes beyond your or Herbalife’s respective reasonable control.
27.6 Any omission to exercise, or delay in exercising, any right or remedy under these Terms and Conditions shall not constitute a waiver of that, or any other, right or remedy. The waiver by you or us of any of our rights or remedies arising under these Terms and Conditions or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.27.7 [These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.]
28.1 All notices shall be given:
(a) to us via email at firstname.lastname@example.org or
(b) to you at either the e-mail or postal address you provide during any ordering process.
28.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
These Terms and Conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products.