Terms and Conditions

This Terms and Conditions (“Terms”) outlines the rules and regulations for the use of the website: http://www.menopauselivia.com (“Website”), owned by Livia Lifestyle Coaching (FZC), a Lifestyle Development Consultancy, registered with the Government of Sharjah, under Commercial License No. 5879, having its registered address at Block B, Office – B30-031, Sharjah Research Technology and Innovation Park, Sharjah, United Arab Emirates (“Menopause Livia”, “Our”, “Us” or “We”), by you (“you” and “your”), as you have availed the service(s) available on the Website as an end-user (“Service(s)”).

Please read these Terms carefully. By accessing or using the Service(s) available on the Website owned by Menopause Livia, you unconditionally and irrevocably confirm that you have read, understood, and agreed to be bound by all of these Terms as published on Our Website (as may be amended from time to time).

You agree that these Terms are enforceable like any written agreement signed by you and is legally binding on you and Menopause Livia. If you do not agree to all of these Terms, do not access, or use the Website. This agreement shall begin on the date hereof.

1. Definitions

  • 1.1 “Affiliates” means, with respect to Menopause Livia, any director, employee, agent, legal/authorized representative, subsidiary, legal entity (such as a partnership, or other legal entity) that controls, is controlled by, or is under common control with Menopause Livia. For purposes of this definition, “control” means the legal power to direct or cause direction of the general management of a company, partnership, or other legal entity.
  • 1.2 “Agreement” means the contract for the sale and purchase of the Service(s) as available on the Website and evidenced by the Your Order and the subsequent Order Confirmation in physical or electronic form, as determined by Menopause Livia at its own discretion.
  • 1.3 “Your Order” means an order placed by You after submission of the PARQ Form (if applicable) by you to Us, through the Website, by completing the order process available on the Website.
  • 1.4 “IPR” means all intellectual property or other proprietary rights worldwide, including patent, trademark, service mark, copyright, trade secret, know-how, moral right, and any other intellectual and intangible property rights, including all continuations whether in full or in part, applications, renewals, and extensions of any of the foregoing of Menopause Livia or any of its Affiliates, in relation to the Website in itself, whether registered or unregistered.
  • 1.5 “Order Confirmation” means confirmation by Us of Your Order in physical or electronic form, of our acceptance of Your Order, issued prior to provision of the Service(s) to you.
  • 1.6 “PARQ Form” means the ‘readiness to exercise form’ available on the Website (as amended) confirming that you are (a) fit (with adequate exercise experience) and healthy (without any health issues) to apply for the Service(s) of live stream workouts and personal trainer services; (b) in a safe environment with adequate space to exercise without any risk of injury; and (c) agree to not initiate legal proceedings against Menopause Livia, in respect of, any injuries sustained as a result of live stream workouts and personal trainer services.
  • 1.7 “Service(s)” means the services that Menopause Livia agrees to make available for purchase from time to time on the Website, in each case, including but not limited to online group consultations, live stream workouts, personalized food plans, personal trainer services etc., subject to an Agreement in accordance with these Terms.
  • 1.8 “Website” means the website owned by Menopause Livia on the World Wide Web of the Internet with the uniform resource locator, which is accessible at http://www.menopauselivia.com.

2. Service Terms

  • 2.1 Through the Website, you may avail our Service(s), as per the specifications in Your Order. You may be required to complete the PARQ Form, depending on the Service(s) chosen and We will confirm to you, the availability of the Service(s) by way of Order Confirmation and the time of delivery for the Service(s), subject to these Terms, which shall govern the terms of the Agreement between the Parties.
  • 2.2 You acknowledge that any text, price lists, lists of Service(s) for sale or other sales literature published on the Website, constitutes only as an invitation, and may not be construed by You as any offer by or binding obligation on Menopause Livia to sell any Service to You.
  • 2.3 Except as expressly permitted by these Terms, no variation to the Agreement will be binding unless agreed in writing between You and Menopause Livia.
  • 2.4 Menopause Livia’s Affiliates are not authorized to make any representations concerning the Service(s), unless, Menopause Livia has given its consent in writing. While entering into the Agreement, you acknowledge that you will not rely on any representations, in respect of, the Service(s) such as dietary plans and/or medication recommendations unless these are specifically recommended by Menopause Livia, in writing and the same has been confirmed by a licensed healthcare professional providing consent/ prescription for the same.
  • 2.5 Any advice or recommendation provided by Menopause Livia or its Affiliates to you, in regard to the Service(s), which has not been used/ implemented by you as per the instructions available when availing the Service(s), is entirely at your own risk, and accordingly, Menopause Livia will not be held liable for any such advice or recommendation.
  • 2.6 Menopause Livia shall, on a best-effort basis, ensure no error or omission regarding any typographical, clerical or other error or omission in any sales literature, price list, Website text, acceptance of offer, Order Confirmation, invoice or other document or information issued, and will be subject to correction without any liability on the part of Menopause Livia.
  • 2.7 Any images of the Service(s) on the Website are for illustrative purposes only, and may vary from their online pictures.

3. Terms of Offer and Acceptance

  • 3.1 You shall make an offer by filling up Your Order on the Website after the completion of the PARQ form (if required). Thereafter, We may reach out to you and provide the Order Confirmation via email or through other means, solely at Our discretion, to confirm Your Order.
  • 3.2 Menopause Livia may from, time to time, place any Order for personalized food plans or workout plans on a waitlist due to high demand. The quantity, quality and/or description of, and any other specification for the Service(s) along with its terms of delivery will be as set out in the Order Confirmation.
  • 3.3 In addition, unless otherwise stated in the Agreement:
    1. (a) Service(s) rendered will correspond with any specification provided by Menopause Livia;
    2. (b) Service(s) will be performed using reasonable skill, care and diligence.
  • 3.4 Menopause Livia shall have the authority to modify the specifications of the Service(s) available on the Website, without notice, as a result of any statutory requirement or at Menopause Livia’s sole discretion, provided that, the modification of any Service(s) by Menopause Livia shall not result in the reduction of quality or performance of Service(s), where an Order Confirmation has already been placed. In case of such change, Menopause Livia shall intimate You by way of an email.
  • 3.5 If for any reason, the Service(s) ordered by you is not available or is undeliverable, Menopause Livia reserves the right to cancel Your Order and give you a full refund within 14 days of Your Order, to the extent applicable, without any further liability or any requirement to assign a reason or provide justification for such cancellation.
  • 3.6 If for any reason, you would like to cancel any Order placed by you through the Website, You must place an Order cancellation request 24 hours before the delivery of the Service(s). If a valid cancellation request is placed, Menopause Livia may reach out to you to reschedule the delivery of the Service(s) or a full refund shall be initiated by Menopause Livia. If such an Order Cancellation request is placed within 24 hours of the delivery of the Service(s), Menopause Livia shall not be liable to refund the monies paid to You.
  • 3.7 You may reschedule the delivery of any Service(s) from Menopause Livia (as applicable), provided, the request for the same is placed not later than 24 hours of the date of delivery of of the Service(s). You may reach out to us at hello@menopauselivia.com to reschedule any Order placed on the Website.
  • 3.8 Menopause Livia shall have the authority, at its sole discretion, to limit the quantity of Service(s) availed, per person, per household. These restrictions may be applicable to orders placed by the same account, the same credit/debit card and also to Your Orders that use the same billing and/or shipping address.

4. Pricing Terms

  • 4.1 The specifications of the Service(s) requested by you and the corresponding price, shall be quoted in the Order Confirmation (including any associated costs and taxes).
  • 4.2 Menopause Livia shall have the authority to modify the pricing terms for any Service(s) to reflect:
    1. (a) Factors beyond Menopause Livia’s control such as the currency fluctuations, alteration of duties, significant increase in the costs of labor, materials, inaccurate data or other manufacturing costs, including any change in associated costs and taxes that may be statutorily required to be fulfilled.
    2. (b) Any change in the specified dates for provision of Service(s) as you may request.
    3. (c) Any delay, caused by you caused by providing inadequate instructions for the delivery.
  • 4.3 Order Confirmation shall be valid for a time- period as specified in the Order Confirmation.
  • 4.4 You will be informed of any additional Service identified while any Service is being undertaken. Thereafter, a new written quotation will be produced on request and additional Service will only be carried out with your consent.

5. Payment Terms

  • 5.1 Subject to any special payment considerations that Menopause Livia may agree to, in writing, you will be obliged to pay the full price for the Service(s) as on the date Your Order is created. Your bank account linked to Your credit/debit card shall be debited for full payment of the Service(s) (including any associated costs and taxes) on or after the date of Your Order.
  • 5.2 An Invoice will be raised on you for payment, and upon receipt of payment, a receipt confirmation shall be provided to you electronically, by way of email, to the email shared by you at the time of making Your Order.
  • 5.3 If in any event your payment gets rejected, then Menopause Livia may contact you to reinitiate the payment or cancel Your Order, at its sole discretion.

6. Performance of Service

  • 6.1 The terms of performance of Service(s) shall be set out in the Order Confirmation.
  • 6.2 Any dates quoted for provision of any Service(s) is to be considered as approximations and Menopause Livia shall not be liable for any delay in delivery of the Service(s), howsoever caused.
  • 6.3 Booking dates for rendering of Service(s) may be altered by Menopause Livia, without providing any reason.
  • 6.4 For rendering of certain types of Service(s), you may be required to provide additional information at the time of booking of the Service(s) or thereafter, as requested by Menopause Livia or its Affiliates.
  • 6.5 The provision of Service shall be as per the specifications you have chosen in Your Order and as confirmed by Menopause Livia in the Order Confirmation. If there is any issue with regard to any incorrect specifications provided by you, then, Menopause Livia shall not be liable for any delay or change in pricing terms.
  • 6.6 Menopause Livia shall not accept the delivery of any Service(s) if such deliveries are to take place outside the jurisdiction of the UAE.

7. Intellectual Property

  • 7.1 Unless otherwise stated, Menopause Livia owns or is duly authorized to display the IPR for all material available on the Website. All IPR are reserved for the sole benefit and use of Menopause Livia.
  • 7.2 Any text, images, graphics, sound files, animation files, video files, and their arrangement on the Website are all subject to copyright and other IPR protection. You shall not copy, modify, alter, publish, broadcast, distribute, reproduce, sell or transfer any material on this website or the underlying software code, whether in whole or in part, for commercial use. Some images may be subject to third parties’ copyrights.
  • 7.3 Unless otherwise indicated, all IPR on this Website are subject to IPR rights of Menopause Livia.

8. Hyperlinking Our Website

  • 8.1 Other Organizations that require Our prior approval:
    We may consider and approve Hyperlink requests from the following types of organizations:
    • commonly-known consumer and/or business information sources;
    • dot.com community sites;
    • associations or other groups representing charities;
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms; and
    • educational institutions and trade associations.
  • 8.2 We will approve Hyperlink requests, if We decide that: (a) the Hyperlink would not make Us look unfavorably to Ourselves or to Our accredited businesses; (b) the organization does not have any negative records with Us; (c) the benefit to Us from the visibility of the Hyperlink appropriately compensates Menopause Livia; and (d) the Hyperlink is in the context of general resource information.
  • 8.3 These organizations may Hyperlink to Our Website so long as the Hyperlink: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or Service(s); and (c) fits within the context of the linking party’s site.
  • 8.4 If you are one of the organizations that require prior approval, and are interested in Hyperlinking to Our Website, you must inform Us by sending an e-mail to Menopause Livia. Please include: (i) your name; (ii) your organization name; (iii) contact information; (iv) company’s URL; (v) list of any URLs from which you intend to link to Our Website; and (vi) a list of the URLs on Our site to which you would like to link. You will have to wait 2-3 weeks for a response.
  • 8.5 Approved organizations may Hyperlink to Our Website as follows:
    • (i) By use of Our corporate name; or
    • (ii) By use of the uniform resource locator being linked to; or
    • (iii) By use of any other description of Our Website that can be Hyperlinked with for the purpose of the linking party’s website.
  • 8.6 No use of Menopause Livia’s logo or other artwork will be allowed for linking, without executing a trademark license agreement with Menopause Livia.
  • 8.7 Content Liability We shall not be held responsible for any content that appears on your website after use of Hyperlinks with Our Website. You agree to indemnify, defend and hold us harmless against all claims that may arise out of or in connection with your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third- party rights.
  • 8.8 Reservation of Rights We reserve the right to request that you remove all Hyperlinks or any particular link to Our Website. You approve to immediately remove all Hyperlinks to Our Website immediately upon receipt of Our written request. We also reserve the right to amend these Terms and it’s Hyperlinking policy at any time. By continuously Hyperlinking to Our Website, you agree to be bound to and follow these Terms.
  • 8.9 Removal of Links from Website
    1. (a) If you find any Hyperlink on Our Website that is offensive for any reason, you are free to contact and inform Us. We will consider requests to remove such Hyperlinks but We are not obligated to or so or to respond to you directly.
    2. (b) We do not warrant to the completeness or accuracy of any information on this Website; nor do we promise to ensure that the Website remains available or that the material on this Website is kept up to date.

9. Usage of Cookies

  • 9.1 Cookies are small data files that are placed on your computer or mobile device when you visit a Website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
  • 9.2 Most interactive websites use cookies to retrieve your details upon each visit. Cookies are used by Our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of Our Affiliate and/or advertising partners may also use cookies.
  • 9.3 We employ the use of cookies to track activity related to the Website and/or Service(s), and may store certain information to improve and analyze Our Website and Service(s). By accessing this Website, you agreed to the use cookies in agreement with Menopause Livia ‘s Privacy Policy available at http://www.menopauselivia.com.

10. Your Privacy

At Menopause Livia your privacy is one of Our top priorities and We ensure that your information is stored in a safe and secure manner. For more information on Our privacy practices, please refer to Our Privacy Policy available at http://www.menopauselivia.com.

11. Governing Law and Jurisdiction

These Terms, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws applicable in the UAE. All disputes or differences which may arise out of or in connection with or are incidental to the Terms including any dispute or difference regarding the interpretation of any clause thereof, which cannot be amicably resolved between the parties shall be exclusively referred to Courts in the Emirate of Abu Dhabi.

12. Assignment

Menopause Livia may, at its sole discretion, choose to perform any of its obligations or exercise any of its rights hereunder or under the Terms by itself, or where applicable, through any other persons (legal or otherwise) or entities. Unless otherwise agreed in Writing, you may not assign either the benefit or the burden of any contract with Menopause Livia.

13. DISCLAIMER

  • 13.1 NO WARRANTIES AND REPRESENTATIONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO OUR WEBSITE AND THE USE OF THIS WEBSITE. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALL REPRESENTATIONS OF SERVICE INFORMATION PROVIDED ON THIS WEBSITE SHOULD BE CONSIDERED AS AN APPROXIMATION. THE INFORMATION PROVIDED ON THIS WEBSITE SHALL BE SUBJECT TO CHANGE IN DESIGN, SUPPLY, ANY AMENDMENTS OF THE TERMS, AND PRICE CHANGES. PLEASE CHECK ALL INFORMATION BEFORE USING IT IN ANY WAY. BINDING INFORMATION CAN ONLY BE PROVIDED IN RESPONSE TO SPECIFIC ENQUIRIES.
  • 13.2 LIMITATION OF LIABILITY MENOPAUSE LIVIA SHALL INCUR NO LIABILITY IN CONNECTION WITH THE, SERVICE(S) ON THIS WEBSITE, FOR ANY REASON WHATSOEVER. MENOPAUSE LIVIA WILL BE UNDER NO LIABILITY IN RESPECT OF ANY DEFECT IN THE SERVICE(S) ARISING FROM FAIR WEAR AND TEAR, WILLFUL DAMAGE, NEGLIGENCE, ABNORMAL WORKING CONDITIONS, FAILURE TO FOLLOW MENOPAUSE LIVIA’S INSTRUCTIONS OR MISUSE OR ALTERATION OF THE SERVICE(S) WITHOUT MENOPAUSE LIVIA’S PRIOR APPROVAL. MENOPAUSE LIVIA SHALL BE ENTITLED TO RELY UPON AND SHALL BE PROTECTED IN ACTING IN RELIANCE UPON ANY NOTICE, INFORMATION OR ANY OTHER DOCUMENT WHICH IS SUBMITTED BY YOU IN CONNECTION WITH THE USE OF THE WEBSITE, PRODCUTS AND/OR SERVICE(S). AS LONG AS THE WEBSITE, THE INFORMATION ON THE WEBSITE AND SERVICE(S) ARE PROVIDED FREE OF CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE.
  • 13.3 EXCLUSIONS
    NOTHING IN THIS DISCLAIMER WILL:

    • (a) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION;
    • (b) LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR
    • (c) EXCLUDE ANY OF OUR OR YOUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

    THE LIMITATIONS AND PROHIBITIONS OF LIABILITY SET IN THIS SECTION AND ELSEWHERE IN THIS DISCLAIMER: (A) ARE SUBJECT TO THE PRECEDING PARAGRAPH; AND (B) GOVERN ALL LIABILITIES ARISING UNDER THE DISCLAIMER, INCLUDING LIABILITIES ARISING IN CONTRACT, IN TORT AND FOR BREACH OF STATUTORY DUTY.

14. Force Majeure

NEITHER PARTY WILL INCUR ANY LIABILITY TO THE OTHER PARTY ON ACCOUNT OF ANY LOSS OR DAMAGE RESULTING FROM ANY DELAY OR FAILURE TO PERFORM ALL OR ANY PART OF THIS TERMS IF SUCH DELAY OR FAILURE IS CAUSED, IN WHOLE OR IN PART, BY EVENTS, OCCURRENCES, OR CAUSES BEYOND THE CONTROL AND WITHOUT NEGLIGENCE OF THE PARTIES. SUCH EVENTS, OCCURRENCES, OR CAUSES WILL INCLUDE, WITHOUT LIMITATION, ACTS OF GOD, PANDEMICS SUCH AS COVID-19, STRIKES, LOCKOUTS, RIOTS, ACTS OF WAR, EARTHQUAKE, FIRE AND EXPLOSIONS, PROVIDED HOWEVER THAT, THE INABILITY TO MEET FINANCIAL OBLIGATIONS IS EXPRESSLY EXCLUDED.

15. Entire Agreement:

These Terms constitute the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, understandings, and communications between the parties relating to the subject matter hereof, whether written or oral. Section headings are for reference only.

16. Severability

If any provision of these Terms (or part thereof) shall be deemed unlawful, void, or for any reason unenforceable, then, that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions.

17. Notices:

All notices and other communications under these Terms will be: (a) in writing in email or electronic form; (b) in English; and (c) deemed given when delivered (or the first business day after delivery with confirmation of receipt, for notices permitted by email). Notices under these Terms will be sufficient only if: (i) personally delivered; (ii) delivered by a major commercial rapid delivery courier service with tracking capabilities; (iii) mailed by certified or registered mail, return receipt requested, to a party at the address stated in this Agreement; or (iv) sent via email.

For you, the address and email address will be as set out in the Order Confirmation Form, and for Menopause Livia the registered address is Block B, Office – B30-031, Sharjah Research Technology and Innovation Park, Sharjah, United Arab Emirates, and email address is hello@menopauselivia.com.

18. Revision of Terms

Menopause Livia has the discretion to update these Terms at any time. When We do, We will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review this Terms periodically and become aware of modifications. If you do not agree with the Terms, you should not or should no longer access or use Our Website, application and/or Our Service(s).