Terms and Conditions

This offer agreement (hereinafter referred to as the “agreement”) is concluded between SHMYRKA LTD Registration number: 14907784, and a legally capable individual acquiring access to information materials. The Agreement is a public offer, which contains an offer of the Company to conclude an agreement (hereinafter referred to as the “Agreement”) on the conditions specified in this document with any person who meets the requirements of the Agreement. 

 

  1. DEFINITION OF TERMS

Website – an Internet resource under the domain name https://newbodygo.com administered by the Company.

The Client is a capable person who voluntarily passed the Registration and orders the information materials specified in the Agreement.

Order – an application sent by the Client to the Company through the Site interface or made by the Client through the contact center.

Registration is a procedure during which the Client through the Site interface or by calling the contact center provides the Company with the information necessary to conclude an offer agreement. Based on the results of the Registration, the Client’s account and personal account are created.

Authorization – a message by the Client of his registration information to the Company through the Site or by calling the contact center.

Personal account – a personal and inaccessible to third-parties section of the Site, access to which is carried out by the Client by entering a personal login (access name) and password (access code), and which contains information materials and access to the chat.

Personal account chat – software for communicating with representatives of the Company, if for some reason the chat in the personal account is not available, the Client has the right to contact by e-mail: success@newbodygo.com.

White Paper – a set of recommendations based on the provided data.

 

  1. GENERAL PROVISIONS

2.1 By ordering Information Materials through the Site, the Client unconditionally agrees to the terms of this Agreement set forth below.

2.2 The Company has the right to amend this Agreement without prior notice. Changes to the terms of the Agreement come into force after their publication on the Site and apply to any actions taken after publication.

2.3 The Client agrees to the transfer of his personal data to the Company (as provided in this agreement), information on the Order, and agrees to comply with the terms of the Agreement by filling out the columns in the appropriate columns when placing an Order on the Site, the period of permitted processing of personal data is 99 (ninety-nine) years.

2.4 Refusal to process personal data is sent by the client to the following free-form address success@newbodygo.com 

 

  1. INFORMATION ABOUT INFORMATION MATERIALS

3.1 Information about the materials is posted on the Site https://newbodygo.com and is provided by the Company to the Client at the specified e-mail address during registration.

3.2 All distributed materials are introduced into civil circulation in a proper way and do not violate any rights of third parties.

3.3 All textual information and graphics of the Products posted on the Site are the property of the Company.

3.4 The Company independently decides whether the Product can be used together with gift certificates, coupons and other discount programs.

Clients independently assimilate the information received, without any verification, including the degree of assimilation of information.

No information, materials and/or advice provided by the Company as part of the provision of services under this agreement cannot be considered as guarantees. Making decisions on the basis of all information provided by the Company is in the exclusive competence of the Client. The Client assumes full responsibility and risks associated with the use of information and materials provided by the Company as part of the fulfillment of its obligations under this agreement.

3.5 Services are provided “as is”. The discrepancy between the purchased Services and the subjective expectations of the Client cannot be considered as grounds for terminating the Agreement and returning the money paid to the Client.

  1. REGISTRATION ON THE WEBSITE

4.1 To view information materials and place Orders, the Client must register on the Site and make payment based on clause 8 of this agreement.

4.2 By registering on the Site, as well as entering the Site under social network accounts (Twitter, Facebook, etc.), the Client confirms that he is familiar with this Agreement and his full and unconditional consent to them.

4.3 The Company is not responsible for the accuracy and correctness of the information provided by the Client during registration.

4.4 The client undertakes not to disclose to third parties the login and password specified during registration. If the Client has any suspicions about the security of his username and password or the possibility of their unauthorized use by third parties, the Client undertakes to immediately notify the Company by sending an email to success@newbodygo.com.

4.5 The Client is responsible for any actions performed on the Site under his account and on behalf of the Client.

4.6 It is forbidden to use the Site in illegal and prohibited activities. If the Company suspects the Client of committing illegal actions, such as: fraud with bank cards, spreading spam, malware, other acts that violate the terms of this Agreement, the Company has the right to block or delete the Client’s account.

4.7 The Client has the right to register on the Site once. If the Client has several active accounts, the Company has the right to delete duplicate accounts.

 

  1. CHECKOUT

5.1 The Client’s order is made independently by the Client on the Site. By registering on the site, the client fully accepts the offer and all its sections

5.2 In order to be able to place Orders on the site, the Client clicks the “Get my plan” button on the Site page dedicated to a specific Seller’s Product.

5.3 You can pay for the Product by methods indicated on the Site.

5.4 After payment, information materials, a link to the personal account is sent to the Client’s e-mail specified during registration.

5.5 The emergence of the rights and obligations of the Seller and the Client under the Agreement arises immediately after the Company receives the order and the Client’s funds as payment for information materials.

5.6 Proof of the conclusion of the Agreement by the Client is the presentation of a unique user number to the Company, which is issued to the Client after the conclusion of a transaction with the Company on the Site. Any other evidence of the conclusion of the Agreement by the Company is not considered.

5.7 Duplication, sale, counterfeiting of the Product and use of the Product by third parties is strictly prohibited.

 

  1. WARRANTY CONDITIONS

6.1 The Company is not responsible for damage caused to the Client as a result of improper performance by the Company of its obligations to sell the Product ordered on the Site.

6.2 The Site does not give guarantees of safety, possibilities of use, as well as guarantees for other characteristics of the Products presented on the Site. Food programs presented on the Site can be potentially hazardous to health. It is imperative to consult a physician before using the Product. Responsibility for the use of the Product lies with the Client.

6.3 The Company is not responsible for the failure to achieve the desired results by the Client in case of his improper execution of the Nutrition Program, the Exercise Program and the Curator’s recommendations.

6.4 The Company may refuse to provide the Product for objective reasons or in cases of violation by the Client of the rules established by the Company.

6.5 Under no circumstances will the company or its representatives be liable to the client or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the site, the content of the site or other materials to which the client or other persons gained access using the site, even if the site administration did not warn or indicate the possibility of such harm.

 

  1. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION

7.1 When registering on the Site, the Client provides the Company with the following data: email address, phone number, eating habits, physical data, behavior habits. The Company has the right to use this information to fulfill its obligations to the Client. The Client is responsible for the accuracy of the data provided.

7.2 The company uses the information:

  • to register the Client on the Site;
  • to fulfill their obligations to the Client;
  • to evaluate and analyze the work of the Site;
  • to determine the winner in promotions held by the Companies.

7.3 By providing personal data when registering on the site, the Client gives the Company voluntary consent to the processing and use of personal data in accordance, for the purposes determined by the Company, as well as for the purpose of promoting by the Company its services, in various ways, including through automated analysis personal data, as well as their transfer to third parties and cross-border transfer, without limitation of the validity period. This consent can be revoked only upon notification of the Company in the manner prescribed by this Agreement.

7.4 The Company undertakes not to disclose the information received from the Client. The provision by the Company of information to agents and third parties acting on the basis of an agreement with the Company for the fulfillment of obligations to the Client is not considered a violation. It is not considered a violation of obligations to disclose information in accordance with reasonable and applicable legal requirements. The company has the right to use the “cookies” technology. “Cookies”. do not contain confidential information and are not transferred to third parties. The company receives information about the ip-address of the website visitor. This information is not used to establish the identity of the Client, except in cases of fraudulent actions by the Client.

7.5 If the Client does not want his personal data to be processed, then he must contact the Client Support Service of the Company by sending an email to success@newbodygo.com. In this case, all information received from the Client (including login and password) is deleted from the Company’s client base, while the Client will not have access to the Site and the ability to place orders.

7.6 The Company is obliged not to disclose the Client’s data to third parties, except for cases when they act on the basis of a concluded contract with the Company in order to fulfill the Company’s obligations to its Client and when the obligation of such disclosure is established by the requirements of the law.

7.7 The Company is not responsible for the information provided by the Client on the Site in a public form.

7.8 The client is responsible for the accuracy of the personal data transferred to the Company.

 

  1. COST FOR THE PROVISION OF SERVICES AND CALCULATION PROCEDURE

8.1 The cost of the Company’s Product is set by the Company in the Rates published on the Site.

8.2 The Rates are set in US Dollars. The Client can pay in USD, EUR and GBP. The exchange rate of USD to GBP and USD to EUR is taking from: https://wise.com/gb/currency-converter/

8.3. Refund policy

If Client has not start the plan/program, according to the offered schedule, he/she has a right to claim the 100% refund. It is a condition of 100% refund that the Customer has not been sent information materials of his/her personalized program and The Company has not developed this program yet.

Other refunds policy only applies to programs of two weeks or more. The refund amount will always be 50% of the order amount and applies only to the Professional Diet part of each personalized program.

You are eligible to receive a refund of the 50% payment if you have not seen visible results using our personalized Professional Diet plan and have met all of the following conditions: you contact us within 7 days of the end of your personalized program; and you have followed our personalized Professional Diet plan for at least 14 consecutive days during you program; and you can also prove that you followed the personalized Professional Diet plan as outlined in the “How to prove you followed the plan” section below.

We will review your application and notify you (via email) if your application has been approved. If approved, your refund will be processed and money will be credited to your bank account within 14 days.

How to prove that you followed the plan:

You can only prove you followed the individual meal plan if: you provide photos and/or videos of all the meals that you have prepared/ordered in accordance with our personalized meal plan; and the meals have been prepared according to the recipes provided by us in your personalized meal plan.

For the avoidance of doubt, the minimum number of meals shown in your photos/videos should be equal to the total number of meals provided to you in accordance with the personalized meal plan provided by us. For example, if your plan includes 6 meals a day, the total minimum number of meals in your photos should be at least 84 (6 x 14).

IMPORTANT STATEMENT

Please note that only meeting the above requirements will qualify you for a refund under the 50% money back guarantee. For clarity, this “50% money back guarantee” does not apply to any other case, including but not limited to the following:

  1. a) some of the ingredients in the personalized Professional Diet Plan are not available in your area;
  2. b) you think that you (1) do not have enough time to prepare the meals provided for in your individual meal plan, (2) you do not have enough skills to prepare some of the dishes;

с) you have the necessary utensils and/or equipment necessary to prepare the meals provided for in the individual meal plan.

8.4 The Company has the right to unilaterally change (increase, decrease), establish new, cancel existing Rates in whole or in part. If the Client does not agree with the change (introduction) of new Rates, the Client has the right to unilaterally refuse to execute this Agreement by notifying by mail indicated at the end of the agreement.

8.5 Payment for the Company’s Product is carried out using a bank transfer on the Company’s bank account provided to Client on the Site or via email.

8.6 Refunds to the Client are made only to the bank account used to pay for the Client’s Order. If, for any reason, the Client needs to receive funds not to the bank account with which the Company has received the payment for the Order, the Client must inform about this by e-mail success@newbodygo.com and act according to the algorithm of actions provided by the Company.

8.7 The Client hereby understands and fully understands that the Company carries out a refund within 30 days after he/she has assumed the corresponding obligation to return, and the final refund period depends on the participants in the respective payment transaction to return the funds to the Client.

8.8 The decision to return funds to the Client is made on the basis of a claim submitted by the Client to the Company. The term for consideration of the Client’s claim (demand) for the return of funds to his bank account upon successful payment of the Order is 30 working days.

8.9 The client has the right to refuse further provision of services by the Company by notifying in free form in writing to the email address success@newbodygo.com   specifying the email address and phone number specified during registration. The company terminates the agreement within 10 (ten) business days, and also deletes the client’s data from its database upon request. When the contract is terminated by agreement of the parties, all obligations of the parties terminate from the moment the parties agree to terminate the agreement. All services are considered to be provided in full, payments for services are terminated from the moment of termination of the agreement.

  1. INFORMATION MESSAGES

9.1 By registering on the Site, the Client agrees to receive updated information, newsletters with the latest news, new offers, special offers and sale announcements, as well as information about news and offers of the Company’s partners via SMS, MMS, Viber, WhatsApp and e-mail.

9.2 By providing his phone number, the Client gives his consent to receive advertising over telecommunication networks, including through the use by the Company (or third parties acting on behalf of the Company) telephone, mobile radiotelephone communication.

9.3 The Client can unsubscribe from the daily newsletter by clicking on the special link placed at the bottom of the letter received by the Client.

  1. OTHER CONDITIONS

10.1 In the event of any claims from the Client, he must contact the Client Support Service of the Company at the email address success@newbodygo.com 

10.2 All arising disputes will try to resolve through negotiations. If an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of England.

Company details:

SHMYRKA LTD 
Registration number: 14907784
Registration address: 20 Wenlock Road, London, N1 7GU, United Kingdom

Email: success@newbodygo.com