Terms of Service
The terms and conditions provided below (the “Terms”) are applicable to the websites, mobile applications,
online services and all other interactive features, services, and communications (collectively referred to
as ‘services’), however accessed and/or used, that are operated, made available or produced and maintained
by Lishe Lifestyle Limited d/b/a Lishe Living (“Lishe Living”, “we”, “us”)
This is a legal agreement between you (“you” or “user”) and Lishe Living that states the material terms
and conditions that govern your use of our services. This agreement, together with all updates,
supplements, additional terms, and all of Lishe Living’s policies collectively constitute this “Agreement”
between you and Lishe Living.
Definitions
“Content” includes designs, text, graphics, images, information on Lishe Living Services,
products created by Lishe Living and communication on Lishe Living Platforms;
“Health” refers to a state of complete physical, mental and social well-being and not
merely the absence of disease or infirmity;
“Health Plans and Programs” are products provided on Lishe Living services to guide users
on their Health and Wellness journey;
“Platforms” means any media through which Lishe Living communicates with its users
including WhatsApp groups;
“Products” are any items made available in Lishe living services for purchase such as
Health Plans and Programs;
“Services” means websites, apps, events and other services operated by Lishe Living.
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- Intended Users
- Lishe Living Services are available only to users who are at least 18 years old. We will not knowingly
collect personal information from any person we know to be below this age group. - If you are using the Service for the benefit of a child, please do not provide information relating to
such child unless you have obtained the child’s parents’ or guardians’ consent, including their
consent to our Privacy Policy.
- Lishe Living Services are available only to users who are at least 18 years old. We will not knowingly
- Not a Substitute for Professional Judgment
- Use of Lishe Living services is not a substitute for the professional judgement of a Doctor/Healthcare
Professional in diagnosing and treating patients. - You acknowledge and agree that information provided through Lishe living services is intended to be
complementary to any medication, diagnosis and medical advice given by a Doctor or other Healthcare
professional.
- Use of Lishe Living services is not a substitute for the professional judgement of a Doctor/Healthcare
- Obligation to provide accurate information
- In order to obtain our Services you must provide Lishe Living with certain personal information and
register for an account. Additionally, you may also choose to provide Lishe Living with certain
health, diet or medical data while enrolling to various Health plans and programs. - It is imperative that you provide accurate and truthful information during registration and enrollment
to Lishe Living Health plans and programs as we use the information you provide to personalize your
nutrition and fitness needs and recommend changes to improve your health outcomes. - We reserve the right to refuse your registration or to cancel your use of the Services if we determine
that you have not provided complete and accurate information regarding your identity, health,
medication, diet etc.
- In order to obtain our Services you must provide Lishe Living with certain personal information and
- Use of our Health plans and programs
- Our Health programs and plans are tailor-made to individuals and are frequently reviewed by our
nutritionists, health scientists and coaches in order to manage specific health conditions. - Lishe Living will not be held liable for any harm or loss occasioned by unauthorized use of our Health
Plans and Programs.
- Our Health programs and plans are tailor-made to individuals and are frequently reviewed by our
- Payments
- We currently charge a minimum fee to access our services, however we reserve the right to revise our
fees without notice. - Through the services you may purchase certain goods and services such as the Health plans and
programs. - All purchases made through our services are final and non-refundable.
- We currently charge a minimum fee to access our services, however we reserve the right to revise our
- Communication
- In order to monitor you progress with the various Health plans and to provide any nutritional and
lifestyle recommendations Lishe Living nutritionist, dietitians and coaches may reach out to you on
phone or through a WhatsApp group platform where other users share their progress and inquiries. - These interactions are intended to help you take better control of your healthcare and assist our
scientists better understand various conditions in order to guide you through this journey. - We are committed to maintaining a positive and respectful Lishe Living community, and we do not
tolerate any inappropriate content or misconduct, whether on or off of the Services or other
Platforms. We encourage you to report any inappropriate Member Content or misconduct by other users. - Users are prohibited from reproducing any information shared through Lishe Living Platforms. Lishe
Living reserves the right to sanction or terminate such user from its programs and/or pursue further
legal action.
- In order to monitor you progress with the various Health plans and to provide any nutritional and
- Copyright & Trademark Ownership
- Lishe Living owns the Site, Documentation and App, (the services) including any material or Content
made available through the Services, such as our Health Plans and Programs, proprietary algorithm, and
all intellectual property rights in the foregoing. - You may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast,
transmit or otherwise use any material made available in the Services. - You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary
rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of
Lishe Living. Nothing in this Agreement grants you any right to use any trademark, service mark, logo,
or trade name belonging to us or any third party.
- Lishe Living owns the Site, Documentation and App, (the services) including any material or Content
- The permissions you give us
- We need certain permissions from you to provide our services:
- Permission to use content that you create and share
- You own the content that you share with us on the Lishe Living app. To effectively provide the
health and health-related services you require, we need you to give us legal permission to use this
content. - When you provide information about your health, you grant us a non-exclusive, transferable,
sub-licensable, royalty-free and worldwide licence to host, use it, store it, run it and display it.
You allow us to access the content, and create derivative analysis from it. - You can end this licence at any time by deleting your account. We may however retain certain
non-personally identifiable data for research and derivative analysis.
- You own the content that you share with us on the Lishe Living app. To effectively provide the
- Permission to update software that you use or download
- If you download or use our software, you give us permission to download and install upgrades,
updates and additional features to improve, enhance and further develop it.
- If you download or use our software, you give us permission to download and install upgrades,
- Privacy Policy
- All information We collect on the Services is subject to our Privacy Policy by using the Services, you consent to all actions taken by Us with respect to your information in compliance with
the Privacy Policy.
- All information We collect on the Services is subject to our Privacy Policy by using the Services, you consent to all actions taken by Us with respect to your information in compliance with
- Representations and Warranties
- You affirm, represent and warrant the following:
- You are above 18 years old and have capacity to enter into this agreement with Lishe Living;
- You have read, understood, agree with, and will abide by these Terms; and
- Your use or Lishe Living’s use of any information provided through Lishe Living’s services or products
will not infringe any rights of any third party.
- Disclaimers, Limitation on Liability
- Your use of THE SERVICES is at your OWN risk.
- THE INFORMATION, MATERIALS AND PRODUCTS PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE SERVICES OR
OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. - WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY INFORMATION OR PRODUCTS WE PROVIDE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. - WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE.
- Indemnity
- You agree to defend, indemnify, and hold Lishe Living, its officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or in any way connected with your
access to or use of the Services, products or your violation of these Terms.
- You agree to defend, indemnify, and hold Lishe Living, its officers, directors, employees and agents,
- Modifications of this Agreement
- We reserve the right to update or modify this Agreement at any time. By continuing to use the Service
after any such changes, you agree to follow and be bound by this Agreement as changed. For these
reasons, we encourage you to periodically review these terms.
- We reserve the right to update or modify this Agreement at any time. By continuing to use the Service
- Dispute Resolution
- If you are dissatisfied with our Services or Products for any reason, please contact Lishe Living
Customer Service first so that we can try to resolve your concerns without the need of outside
assistance. - If you choose to pursue a claim against Lishe Living the terms in this agreement pertaining to choice
of Law and forum apply.
- If you are dissatisfied with our Services or Products for any reason, please contact Lishe Living
- Choice of Law and Forum
- This Agreement shall be governed in all respects under the laws of the Republic of Kenya, exclusive of
its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly
arising under this Agreement or related to our Services, you irrevocably agree to submit to the
exclusive jurisdiction of the courts in Kenya.
- This Agreement shall be governed in all respects under the laws of the Republic of Kenya, exclusive of
- Severability
- In the event any one or more of the provisions of this Agreement shall for any reason be held to be
invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired.
Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes
closest to the intention of the parties.
- In the event any one or more of the provisions of this Agreement shall for any reason be held to be
- Entire Agreement
- This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services,
each of which are incorporated herein by reference, including the Privacy
Policy constitute the entire agreement between you and us and supersede all previous written or
oral agreements.
- This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services,
- Intended Users
This Terms of Service was last updated on 10th September 2019