Last revised on: 15.02.2021
This website/app is owned and operated by NALA.care GmbH, a Swiss limited liability company whose address is c/o Impact Hub, Spitalgasse 28, 3011 Bern, Switzerland. In these General Terms and Conditions (“GTC”), NALA.care GmbH will be referred to as “NALA” or “we”, and the user of the website located at https://www.Nala.care, and/or the NALA application (“NALA App”) will be referred to as “user” or “you”.
All offers made by NALA and accepted by you, including but not limited to offers made via the website https://www.Nala.care, via telephone consultation, the NALA App, e-mails, online chats and Skype conversations, are governed by these GTC.
TERMS THAT APPLY ONLY TO APP USERS
1. Age Requirement
The prerequisite for creating an account with NALA is that you must be at least 18 years of age.
2. Account Creation
The prerequisite for obtaining the services offered by NALA, including the non-binding and free trial subscription, is registration on the basis of a user profile, for which registration is required. To register as a user on the NALA App, you will need to create an account by providing the following details:
- Email address
Alternatively, you can use your Facebook, Google or Apple login ID to create your account. If you choose to do this, Facebook, Google or Apple (as applicable) will become aware that you have created an account with us.
3. Account Suspension and Deletion
You can delete your account at any time. To delete your account, please send us an email to [email protected] and we’ll remove your data.
If we discover that you have breached these GTC in any way, we may suspend your account immediately by notice to you, and without incurring any kind of liability to you. As soon as you receive the notice, you must contact us to discuss whether the breach can be remedied. If we do not hear from you within 30 days of your account being suspended, or if the breach is not, in our reasonable opinion, capable of being remedied, we will delete your account.
If we delete your account as a result of a breach by you of these GTC, or as a result of a failure by you to renew your subscription, we will not be liable to you for any loss or damage you or any other person suffers as a result of the deletion of your account.
4. Services provided by NALA
The details of the services to be provided by NALA to you are set out in the individual service descriptions for the individual subscriptions and/or services on the NALA App.
The holistic programme against skin conditions offered by NALA is an online-based, CE-marked Class I medical device in accordance with the Medical Device Directive 93/42/EEC.
However, the services offered by NALA do not constitute medical advice or treatment. They are not intended as substitutes for examination or treatment by a doctor or therapist, but can support a course of treatment and/or provide additional evidence for an examination.
5. Prices and Payment
All prices listed on the website http://www.NALA.care/pricing, in the NALA App and in the individual service descriptions are inclusive of any applicable value added tax.
If you buy a monthly subscription to our services, the subscription fees will be due at the beginning of each calendar month. Subscription fees will be debited via the Apple App Store for Apple users and via Google Play for Android users.
If you fail to pay the subscription fees when they are due, your NALA account will be automatically suspended. We will send you a notice that the account is suspended and an invitation to login and pay your subscription fee. If you do not renew your subscription within 7 days we reserve the right to delete your NALA account without any further notice to you.
If NALA incurs costs and/or expenses when a payment is refused, and you are responsible for this (e.g. because the account is not covered or the credit card limit has already been exhausted), NALA is entitled to charge you for the actual amount of the costs and/or expenses incurred.
6. Subscription and Term
The use of the NALA App begins with a free and non-binding trial subscription for a period of 7 days from the creation of the user profile (registration) and consent to the use of the free and non-binding trial subscription. On expiry of the 7 day trial period you will receive a notification asking you whether you would like to continue with a paid subscription. If you do not wish to take a paid subscription you do not have to do anything. Your account will then be inactivated. Your trial period may be longer than 7 days if you have been offered the NALA App through a partner, e.g. as part of the purchase of another product, usage of another service or via your doctor.
The paid subscription has a basic term of 1 (one) calendar month. It is automatically renewed for the following calendar month until you cancel the subscription. If you do not want the subscription to continue for the following month, you must cancel it at least 7 days before the end of the current month. The subscription can be cancelled through the App Store (Apple users) or Google Play Store (Android users).
7. Messaging System
We use our own secure messaging system to enable communication communication among users and between users and medical experts on the NALA App. The messaging system encrypts any messages that are sent via the NALA App. We make every effort to maintain the confidentiality and security of messages sent via the NALA App by using an up to date firewall, encryption and anti-virus technology. We cannot, however, guarantee absolute security, even with the most up to date technology. It is your responsibility to consider whether the information that you wish to share can be appropriately shared using the NALA App or whether another method would be more appropriate. If you choose to send information through another means, NALA cannot be held responsible for any loss or disclosure of that information. NALA does not have access to messages sent between users of the NALA App.
8. Content restrictions and code of conduct
You must not upload any content to the NALA App that:
- infringes any person’s Intellectual Property Rights;
- contains sexually explicit content or pornography;
- contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- exploits minors;
- depicts unlawful acts or extreme violence;
- promotes fraudulent or dubious business schemes; or
- breaks any law.
In using the NALA App, you must behave in a civil, lawful and respectful manner at all times. This means that you must refrain from the following:
- acting in a dishonest or deceptive manner;
- harassing or stalking any person;
- harming or exploiting minors;
- distributing unwanted or unsolicited messages such as “spam”;
- collecting information about other people; or
- offering, promising, giving, requesting, accepting or receiving a financial or other advantage for the purpose of inducing or rewarding the improper performance of any activity.
If you breach any of these requirements we will have the right to terminate your account immediately without further notice to you and without prejudice to any other rights that we may have.
TERMS THAT APPLY TO THE WEBSITE AND THE NALA APP
9. Operation of the service
NALA always endeavours to ensure proper operation of the services offered, but we cannot guarantee uninterrupted availability of our website or of the NALA App. In addition, we cannot guarantee that our website or the NALA App will be error free, or that it will be legal for you to access them in your country of residence.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to enable your use of our website and of the NALA App.
10. Obligations of the customer
(a) Account Security
You are responsible for all activity that occurs in your account on the NALA App. You must keep your access data to your user profile, in particular but not exclusively the password for access, secret and protect it from access by third parties. If you are using a device that others have access to, you must log out of your account after using the NALA App. If you become aware that someone has gained unauthorised access to your account, you must change your password and notify us immediately at [email protected] so that we can block your account. NALA accepts no liability arising from your failure to maintain adequate security with regard to your account on the NALA App.
(b) Correct provision of data
You must provide correct, complete and truthful information when creating your account profile and when booking individual program offers from NALA.
(c) No commercial use
NALA is aimed exclusively at consumers. The services offered by NALA, as well as the information on the website http://www.NALA.care, may only be used for personal and not for commercial purposes.
11. Intellectual Property Rights
For the purposes of these GTC, “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Unless otherwise stated, NALA and/or its licensors own all Intellectual Property Rights in our website, in the NALA App and in all material that you will find on them. NALA grants you a limited, non-exclusive licence to view our website and to use the NALA App, subject to these GTC.
With the exception of files that are made available to you for downloading or sharing, you must not:
- Republish material from our website or from the NALA App
- Sell, rent or sub-license material from our website or from the NALA App
- Reproduce, redistribute, or create derivative works from our website or from the NALA App
- Decompile, reverse engineer or disassemble our website, the NALA App or their source code
- Attempt to circumvent or interfere with any of our technical or security measures.
As between you and NALA, you own any content that you upload to the NALA App. By submitting content, you grant NALA a perpetual, worldwide, non-exclusive, royalty-free licence to that content for the purpose of using it to provide services through the NALA App. The licence does not apply to messages that you send through our messaging system, which will be treated as confidential.
12. Service Modifications
We reserve the right to modify our website and the NALA App at any time to make improvements and to comply with applicable laws. This may include changes to the appearance, content and functionality of the website and/or the NALA App.
13. Accuracy of information
To gain the benefits that the NALA App can provide, we recommend that you carefully follow the learnings provided by NALA in accordance with NALA’s instructions.
For the benefit of all users of the NALA App, we encourage you to bring to NALA’s attention any medical conditions, illnesses, physical characteristics or instructions from a qualified healthcare practitioner that could contradict the information or instructions indicated by NALA for managing skin conditions.
The NALA App can help you follow the recommendations of your doctor or skincare specialist, but it is not a substitute for the advice of a qualified medical practitioner. If you have concerns about your skin condition you should always consult your doctor.
14. Breach of GTC
If you breach any of your obligations set out in these GTC we will have the right to terminate your account immediately without liability, without notice to you and without prejudice to any other rights that we may have.
15. Limitation of Liability
NALA does not limit its liability for injury to life, body or health caused by its negligence. Our liability for loss or damage of other kinds in connection with the NALA App is limited to the amount of money actually paid by you for your subscription in the 3 months immediately preceding the date of your claim. We do not accept liability for loss or damage that you may incur as a result of using our website.
16. Severability clause
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remainder of the GTC. If this occurs, NALA will use its best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by law, achieves the purposes originally intended.
17. Data Protection
18. Changes to GTC
NALA reserves the right to amend and adapt these GTC at any time without stating reasons with effect for the future. We will notify you of the amended GTC by email. If you are not a NALA App user we encourage you to check for updates to the GTC whenever you visit our website.
19. Applicable law and place of jurisdiction
These GTC are governed by the laws of Switzerland. Disputes between NALA and users of the website and the NALA App are to be resolved in accordance with the following process:
- The parties to the dispute will first attempt to settle it by negotiation.
- If the parties to the dispute are unable to settle it within fourteen (14) days after written notice of the dispute has been sent by either party to the other party, the parties will attempt to settle the dispute by mediation in accordance with the mediation rules of the Swiss Chambers of Arbitration Institution.
Neither party may commence any court proceedings in relation to any dispute arising from these GTC until it has attempted to settle the dispute by mediation and either the mediation has been unsuccessful or the other party has refused to participate in a mediation.