Terms and conditions of sale

Preamble

VITA NATURALIS IS AN APP THAT PROVIDES INFORMATION ABOUT NATURAL MEDICINE: HEALTHY LIFESTYLE, NATURAL HEALTH, WELLNESS AND NATURAL PROTOCOLS TO HELP OVERCOME SYMPTOMS AND CONDITIONS OF EVERYDAY LIFE.

This application has been designed, produced and published by Hippocratic Generation, Unipessoal LDA, under NIPC number 516643037.

Acceptance of these terms and conditions:

The User declares that he/she has read the VITA NATURALIS application sales conditions and expressly and unconditionally accepts these sales conditions in force on the date of his/her registration with the application.

ARTICLE 1 - Definitions

Each of the following terms shall have the following meanings in these Terms and Conditions:

  • "Solution(s)" means the infrastructures developed that contain data of various types, including texts, sounds, still or animated images, videos, databases, intended to be consulted and accessible on the Website; on the mobile applications and on the tablet applications called VITA NATURALIS;
  • "VITA NATURALIS" means the company HIPPOCRATIC GENERATION, UNIPESSOAL LDA, publisher of the solutions;
  • "Content(s)" means the writings, images, sounds or messages of any kind exchanged on the Solutions;
  • "Server" means the set of equipment used to carry out the functions necessary for the publication, maintenance and online availability of the Solutions;
  • "User(s)" and/or "You" means the person who has subscribed to the Application;
  • "Customer(s)" means a User who has made a purchase in the Application;
  • "Package" means a paid subscription to advanced features and content for a specified period with tacit renewal;
  • "Personal Data" and/or "Processing of Personal Data" have the same meaning as in Portuguese law, the aforementioned "Informatics and Freedoms" Law No. 58/2019 | DRE, Pub: Diário da República No. 151/2019, Series I of 2019-08-08.

ARTICLE 2 - Object

The purpose of these General Terms and Conditions is to define the conditions under which you can access and use the solutions and have a "VITA NATURALIS PREMIUM" package to access advanced features and content.

No deviation from these general conditions can be authorised without the express and prior consent of Hippocratic Generation, Unipessoal LDA.

These General Conditions constitute the entire agreement between Hippocratic Generation, Unipessoal LDA and the user, and cancel any previous oral or written agreement relating to the subject matter of these General Conditions.

ARTICLE 3 - Conditions of registration

By registering, the user undertakes to accept these general conditions.

He/she also undertakes to provide accurate and truthful information in order to use the functions offered.

In particular, the User undertakes not to create a false identity likely to mislead third parties and not to usurp the identity of another natural person.

In the event of inaccurate or misleading information or usurpation of the identity of a user, Hippocratic Generation, Unipessoal LDA may, with one month's notice and without compensation, suspend or cancel the user's membership account and refuse access, temporarily or permanently, to all or part of the functions. 

Hippocratic Generation, Unipessoal LDA is not responsible for the accuracy or inaccuracy of the information provided by the user. In the event of any change, the user undertakes to immediately update the data provided at the time of online registration.

Since Hippocratic Generation, Unipessoal LDA does not have the technical means to guarantee the identity of the people who register as members, it cannot be held responsible in the event of identity theft.

If the user believes that a person is trying to usurp his/her identity or account, he/she should immediately inform Hippocratic Generation, Unipessoal LDA at the following email address: info@hippocraticgeneration.com.

If it is established that a user is disseminating or using his identifiers or avatars in a manner contrary to their intended purpose, Hippocratic Generation, Unipessoal LDA reserves the right to cancel the user's account without notice.

Minors are allowed to register on the Solutions with the prior consent of their parents or, where applicable, the person having parental authority.

Hippocratic Generation, Unipessoal LDA reserves the right to request written justification at any time and to carry out any checks, as well as to cancel any member account if the said justification is not provided within the time limit.

Hippocratic Generation, Unipessoal LDA will immediately delete any member account if we receive a parental request for the closure of the account and its contents.

ARTICLE 4 - Link identifiers

When registering, the user must enter their name, email address and choose a password.

It is the user's responsibility to ensure that the login information is correct, and Hippocratic Generation, Unipessoal LDA will not be held responsible for any incorrect login information.

These identifiers are used to restrict access to the solutions to the user and to protect the integrity and confidentiality of the personal and confidential data exchanged.

The User is fully responsible for maintaining the confidentiality of his or her account and undertakes not to disclose his or her login details in any way, and in particular not to write them down on any medium, whether paper or electronic, that is easily accessible to third parties.

The User shall be solely responsible for any consequences that may arise from the use of these identifiers by third parties who have obtained knowledge of them.

The user must immediately notify Hippocratic Generation, Unipessoal LDA of any usurpation or unauthorised use of his/her account at the following e-mail address: info@hippocraticgeneration.com.

ARTICLE 5 - Use of solutions

(a) Rules of conduct

The user is not allowed to:

  • Use the Solutions under conditions that could damage, overload or alter them;
  • Extract or collect information about other users;
  • Impersonate identities;
  • Promote illegal, threatening or obscene activities;
  • Download viruses or other malicious code;
  • Intimidate or harass other users in any way;
  • Recommend training content to the community other than that suggested in solutions.

In the event of non-compliance, Hippocratic Generation, Unipessoal LDA reserves the right to take all appropriate measures, including legal action, and in particular to cancel the user's account.

(b) Illegal content

Illegal content is defined as any element that:

  • contrary to public policy (apology for crimes against humanity, incitement to racial hatred, child pornography, etc.)
  • which is offensive to persons (defamation, insult, slander, ...), respect for private life and the right to one's image;
  • infringes the intellectual property rights of third parties (in particular trademarks, snapshots, television programmes, short, medium or full-length films, animated or not, advertisements which have not been personally produced or for which you have not been authorised by third parties or collecting societies, holders of the rights thereto);
  • that compete with the contents proposed by Hippocratic Generation, Unipessoal LDA.

In the event that any content is found to be illegal, you can immediately notify Hippocratic Generation, Unipessoal LDA at info@hippocraticgeneration.com.

Hippocratic Generation, Unipessoal LDA undertakes to act promptly to remove or disable access to illegal content as soon as it is reported.

(c) Posting photos online

You acknowledge that you are the owner of all photographic content that you post on the Solutions.

Otherwise, it will be assumed that the User has the authorisation of the owner of the rights to any content that he/she wishes to publish.

You agree to respect the intellectual property rights of others and that any person depicted has given his/her consent to the use and distribution of his/her image.

(d) Invitation

The User may invite one or more persons to subscribe to the Solutions.

The user freely provides Hippocratic Generation, Unipessoal LDA, under his/her sole responsibility, with the contact details of the persons to be invited.

Hippocratic Generation, Unipessoal LDA will send an electronic message to the persons invited, in the name and on behalf of the user.

Hippocratic Generation, Unipessoal LDA reminds the user that he/she undertakes to obtain the express consent of the persons he/she wishes to invite to the processing of their data by Hippocratic Generation, Unipessoal LDA.

Hippocratic Generation, Unipessoal LDA will not use or store the contact details of the persons invited.

ARTICLE 6 - Medical warning

It is up to the user to take the necessary precautions to ensure that they are in good health, that they are physically able to follow the protocols suggested in the solutions and that they have no food contraindications or allergies to follow the advice.

To this end, you should consult a doctor or health professional before following the protocols suggested by the application.

The user therefore declares that he/she has no medical contraindication to following the protocols in the application.

IN NO CASE SHALL Hippocratic Generation, Unipessoal LDA BE RESPONSIBLE FOR DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF ITS SOLUTIONS, OR WHETHER THE USER HAS PROVIDED FOR DAMAGES THAT RESULT FROM THE MISUSE OF THESE GENERAL CONDITIONS.

This application is for information purposes only. 

It can in no way replace the advice and treatment provided by a doctor. 

This information cannot be considered as personal medical advice, is not intended to diagnose or treat any disease and cannot imply any liability on our part. 

For any therapeutic use, please consult a physician.

ARTICLE 7 - Parental authority

Persons having parental authority over a minor acknowledge that they are aware that the nature or form of certain information obtained through the use of the remedies by the minor may not be suitable for consultation by a minor.

They are therefore invited to monitor the minor's use of the remedies.

Parents or holders of parental authority are informed that they may, at any time, object to the processing of the minor's personal data and to the diffusion of his or her image by sending a message to the following e-mail address: info@hippocraticgeneration.com.

ARTICLE 8 - Premium Package

THE USER MUST HAVE A PREMIUM PACKAGE TO ACCESS THE FEATURES AND ADVANCED CONTENT.

(a) Content of functionalities and advanced content

  • Access to the naturopathy protocols
  • Access to the "Naturopathy toolkits" section
  • Access to the "Podcasts" section
  • Access to the "Web TV" section

(b) Order:

There are three steps to the ordering process:

  • Selection of the package;
  • Enter your bank details to proceed with the electronic payment of your order;
  • Validate the order by clicking on the Validate Order button.

Prices are quoted in the currency of the user's country of residence, if this can be determined using the browser's parameters, otherwise they are quoted in euros and include the VAT in force on the day the order is placed.

Hippocratic Generation, Unipessoal LDA reserves the right to change the methods of payment and invoicing, without these changes applying to the conditions in force on the day of your subscription to a fixed amount.

Payment is made by bank card directly to the order, Hippocratic Generation, Unipessoal LDA confirms receipt of the order, immediately and electronically. Orders without payment will not be processed. The complete order is made on a secure page through the HTTPS protocol.

In accordance with article 376 of the Civil Code and Decree Law 12/2021 of 9 February. With regard to the conclusion of a contract in electronic format, the Customer may consult the details of his order and its total price and correct any errors before confirming its acceptance. The contract will be concluded, in application of the provisions of the Civil Code, as of the validation click by which the customer confirms his order after having been able to correct it. The language proposed for the conclusion of the contract is PORTUGUESE.

(c) Right of cancellation and cancellation period:

By way of derogation from DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, the period of 14 full days for exercising the right of withdrawal does not apply.

Indeed, the right of withdrawal cannot be exercised in respect of contracts for the supply of digital content not supplied on a tangible medium, the performance of which began after the consumer's express prior consent and express waiver of his right of withdrawal.

(d) Renewal and termination:

The subscribed Package will be renewed on its expiry date under the same conditions of duration and price as the initially subscribed subscribed Package, unless the Customer notifies a cancellation request before the expiry date of the current subscribed Package.

In the special case of a promotion on the price of the first expiration date of a subscription package, the subscription package subscribed will be renewed on the date of its renewal at the price corresponding to the current rate.

Hippocratic Generation, Unipessoal LDA will inform the customer by e-mail when ordering that he can cancel his package free of charge.

Hippocratic Generation, Unipessoal LDA will display the expiry date of the subscribed package and a cancellation link in the Customer's personal account.

The Customer may cancel the renewal of his/her package at any time from his/her personal account.

The Customer must make his cancellation request before the expiration date of his subscribed package, in which case the subscribed package will be renewed.

Hippocratic Generation, Unipessoal LDA reminds that the cancellation does not imply the reimbursement of the remaining period to be covered by the subscribed lump sum.

In the specific case where the customer has subscribed to a package of mobile and tablet applications through Apple's iTunes services, Google Play or Huawei's Appgallery, HIPPOCRATIC GENERATION reminds the customer that the termination of the package is done through Apple's iTunes services for iOS applications, Google Play for Android applications, Appgallery for Huawei applications. HIPPOCRATIC GENERATION shall not be held responsible for any errors in the cancellation process of Apple iTunes, Google Play or Huawei Appgallery.

(e) Special case of purchases via mobile and tablet applications

The customer can also subscribe to a package in mobile and tablet applications.

In the case of mobile and tablet applications, Hippocratic Generation, Unipessoal LDA informs the customer that purchases are made through Apple's iTunes service for iOS applications, Google Play for Android applications and Appgallery for Huawei applications.

The Customer acknowledges having read and accepted the terms and conditions of Apple's iTunes, Google Play or Huawei's Appgallery at the time of payment.

Payment processing and billing are subject to the terms and conditions and privacy policies of Apple's iTunes, Google Play or Huawei's Appgallery.

Hippocratic Generation, Unipessoal LDA is not responsible for any errors in the payment process from Apple's iTunes, Google Play or Huawawei's Appgallery .....

(f) Non-payment:

In the event of non-payment at the time of renewal of a package, Hippocratic Generation, Unipessoal LDA will attempt to recover the non-payment in the following days until the payment is due, throughout the duration of the contract.

After this period, the package will be suspended until the customer's bank details are updated.

ARTICLE 9 - Privacy

Hippocratic Generation, Unipessoal LDA is committed to protecting the privacy of its users in accordance with current legislation, as set out in its Personal Data Protection Policy.

By creating an account, the user acknowledges that he/she has given his/her express consent to the collection and processing of his/her personal data.

Users must comply with the aforementioned provisions of the Data Protection Act and the GDPR, the violation of which is subject to criminal sanctions. 

In particular, they must refrain, with regard to the personal data to which they have access, from any collection, misuse and, in general, any act likely to harm the privacy or reputation of individuals.

The user has the right of opposition, access, rectification, cancellation, restriction and portability of data concerning him/her. 

You may therefore request that any information concerning you that is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. 

To exercise these rights, the user may address their request directly to Hippocratic Generation, Unipessoal LDA at the following e-mail address: info@hippocraticgeneration.com. 

Hippocratic Generation, Unipessoal LDA reminds users that they may also object, for legitimate reasons, to the processing of such data.

Hippocratic Generation, Unipessoal LDA undertakes to implement all appropriate security and confidentiality measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against any other unlawful forms of processing.

It shall ensure a level of security appropriate to the risks associated with the processing and the nature of the data to be protected, taking into account the state of the art and the cost of implementation.

In the event of a breach of personal data, Hippocratic Generation, Unipessoal LDA will inform the user immediately.

The user is solely responsible for the quality, legality and relevance of the personal data provided to Hippocratic Generation, Unipessoal LDA.

He/she must ensure that he/she has fulfilled all his/her obligations and that he/she has informed the individuals concerned of the use that will be made of them.

In this capacity you guarantee Hippocratic Generation, Unipessoal LDA against:

  • any recourse, complaint or claim by a natural person whose personal data are processed;
  • in the first instance, any damage resulting from a challenge by a third party for breach of this guarantee.

ARTICLE 10 - Intellectual Property

All elements of the solutions, brands, logos, designs, graphics, sounds, icons, texts, training and nutritional content, naturopathic protocols, recipes, nutritional plan, applications, scripts, functionality, as well as your selection or combination of solutions, are the exclusive property of Hippocratic Generation, Unipessoal LDA and are protected by applicable intellectual and industrial property rights.

Hippocratic Generation, Unipessoal LDA grants the user a right of personal use of all the elements of the solutions, which does not imply any transfer of the aforementioned rights. 

The user may not copy, reproduce, modify, distribute, display or sell, by any process or form, in whole or in part, any element of the Solutions or that concerns it, for any purpose, including commercial, without the prior authorisation of Hippocratic Generation, Unipessoal LDA. 

In the absence of authorisation, Hippocratic Generation, Unipessoal LDA may suspend the user's account within one month and take all appropriate measures, including legal action.

All elements of the solutions, including their documentation, remain the full and complete property of Hippocratic Generation, Unipessoal LDA.

Hippocratic Generation grants you a personal, non-exclusive, non-transferable and non-assignable right to use the Solutions.

It is strictly forbidden to use the elements of the solutions in a way that does not comply with these conditions, namely to:

  • Any reproduction of the Solutions in any form and on any media, including by modification, merging or incorporation with other software and/or modification of the accompanying documentation;
  • Any translation, adaptation or arrangement of the Solutions;
  • any making available of the Solutions, in whole or in part, and by any means
  • Any modification or intervention of any kind in the Solutions, including the correction of errors that may affect the operation of the Solutions, provided that the right to correct such errors is reserved exclusively to Hippocratic Generation, Unipessoal LDA;
  • Any disclosure, marketing or use of the Solutions for the benefit of third parties, as well as any training of third parties in the use of all or part of the Solutions.

Hippocratic Generation, Unipessoal LDA RECALLS THAT ALL ITEMS OF THE SOLUTIONS REFERRED TO ABOVE ARE PROTECTED BY COPYRIGHT, HAVING BEEN THE SUBJECT OF SPECIFIC DEPOSITS TO THE INPI AND OTHER COMPETENT BODIES. 

In the event of infringement of these rights, Hippocratic Generation, Unipessoal LDA has the right to bring an action for counterfeiting, which may be exercised either before the civil or administrative courts to obtain compensation, or before the repressive courts to obtain criminal sanctions. 

INFRINGEMENT OF COPYRIGHT CONSTITUTES THE OFFENCE OF COUNTERFEITING, PUNISHABLE BY A FINE OF 300,000 EUROS AND THREE YEARS' IMPRISONMENT. 

Additional penalties may be imposed, such as closure of the establishment, confiscation and publication of the judgment.

ARTICLE 11 - Responsibility

The user guarantees Hippocratic Generation, Unipessoal LDA against any action or claim that may be brought against him/her for using the solutions (applications) under conditions that do not comply with these General Conditions.

Furthermore, the user is solely responsible for the use of his identification elements (email and password) by third parties, actions or statements made through his member account, and guarantees Hippocratic Generation, Unipessoal LDA against any claim in this regard.

This guarantee covers any amount that Hippocratic Generation, Unipessoal LDA may have to pay in any way, including legal fees and court costs recognised or pronounced.

 Hippocratic Generation, Unipessoal LDA will endeavour, as far as possible, to keep its solutions accessible at all times, but cannot be held responsible for a malfunction or inability to access the solutions due to external circumstances, including network or network connection mode.

 Hippocratic Generation, Unipessoal LDA may decide to suspend access to its solutions for maintenance or upgrade reasons.

 Hippocratic Generation, Unipessoal LDA will take all appropriate measures to inform the user as much as possible of the interruption.

It cannot be held responsible for the consequences of such interruptions for the user.

ARTICLE 12 - General Provisions

(a) Intuitu personae:

These terms and conditions shall not be subject to any variation, assignment, registration or transfer.

(b) Independence of terms:

It is formally agreed between the parties that any forbearance or waiver by either party in the enforcement of all or any part of the obligations provided for herein, regardless of its frequency and duration, shall not constitute a modification of these provisions nor be capable of creating any right. 

Should any provision be invalid, such invalidity shall not affect the validity of the remaining provisions, nor shall it affect the validity of these provisions as a whole. 

In such a case, the parties shall endeavour to modify the null clause in such a way that it corresponds to the regulation, while respecting the balance and objectives of these provisions.

(c) Acts of God:

The obligations set out in these general conditions are suspended in the event of force majeure.

Hippocratic Generation, Unipessoal LDA cannot be held responsible for any delay or failure to perform the services.

(d) Amendment of the present

Hippocratic Generation, Unipessoal LDA reserves the right to modify these terms and conditions. 

In this case, the user will be informed of such changes at the same time as the new terms and conditions are posted online.

(e) Technical assistance:

Hippocratic Generation, Unipessoal LDA makes technical assistance available to the user, any request for assistance will be made directly to Hippocratic Generation, Unipessoal LDA at the following address info@hippocraticgeneration.com, or directly through the solution contact form.

(f) Hosting:

The hosting of the solutions is provided by Campusplex
12 rue Général Fiorella
20000 Ajaccio
Corsica (France)

ARTICLE 13 - Applicable law and dispute resolution

These terms and conditions are governed by Portuguese law.

If any provision of these Terms and Conditions is held or declared invalid by any law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

In the event of any difficulty in the interpretation or execution of these Terms and Conditions, the parties shall endeavour to resolve their differences amicably, in which case the parties undertake to seek mediation before resorting to legal proceedings.