Privacy Policy
Privacy promise and data protection
Recently updated: September 2023
Terms and definitions
According to European Regulations 2016/679 art. 14
Better Mood is the tutelage of its real and/or potential customers’ and users’ personal data.
Through this document (hereinafter, the “Policy Privacy”), we intend to renew our task, in order to guarantee that the processing of personal data, which can be made through any procedure (both automated and manual), is compliant with the tutelages and the rights recognized by the Regulation (UE) 2016/679 (hereinafter, the “GDPR” or “Regulation”) and by the further applicable rules on protection of personal data.
With the expression personal data we refer to the definition included in Article 4 (1) of the Regulation, which states that: (i) “any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person” (hereinafter, “Personal Data”).
The Regulation establishes that, before proceeding to this processing – with this expression we refer to the definition included in Article 4 (2) of the Regulation, which says that: “any operation or set of operations, which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction ” (hereinafter, the “Processing”) – of Personal Data, it is necessary to inform the owner of the data about the reason why they are requested and the way, in which they will be used.
In this regard the purpose of this Policy Privacy – written basing on the principle of transparency and on all the elements requested by Article 14 of the Regulation – is to provide you, through a simple and intuitive manner, with all the useful and necessary information, which allow you to give consciously your personal data and to ask and obtain any explanation and/or correction in every moment.
Data controller
Better Mood is the company, which will process your Personal Data according to the main purposes explained in section B of this Policy Privacy, and which will have the role of the data controller according to the related definition included in Article 4(7) of the Regulation, which declares that:
“The natural or legal person, public authority, agency other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and the means of such processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law” (hereinafter, the “Data Controller”).
Data collections
The Data Controller has to collect some of your Personal Data in order to (i) to perform our duties and obligations to you under the contract between us, including to provide you with our services and/or (ii) reply to your information requests which come from the contact forms and/or (iii) consent your registration to receive requested services and/or (iv) consent your registration to participate in survey and/or (v) consent your registration to share your results on social medias and/or (vi) to provide, manage, and control our services to you, including to maintain contact with you and to provide you with customer service and support.
The Processing of your Personal Data will be managed by the Data Controller who will let you purchase the services, receive the newsletter, send information requests, share your results in social media accounts.
The Processing of your Personal Data will legally base on the contractual relationship that will occur between the Data Controller and you, after you have agreed with the condition of participation you find in the website (see Article 6, Paragraph 1, B of the Regulation).
Personal Data requested, will be those reported in the questionnaire and contact form: name or nickname, surname, e-mail address, age, gender.
Finally, data related to your health conditions may also be requested for the “prevention” purposes, explained in the subsequent Section C of this Policy Privacy.
Additional purposes
In addition to the purposes explained in Section B, your Personal Data may be processed for the following and further purposes:
Prevention: this term means the will Better Mood to protect your health, more than your privacy. For this reason, before proceeding with the purchase, you will be subjected to a questionnaire through which you will be asked for your personal data belonging to – according to the dictate of Article 9 of the Regulation – “specific” categories, in order to verify whether your health conditions are compatible with our recovery plan.
Direct marketing: this term refers to the will of Better Mood to carry out promotional and / or marketing activities for you and for your interest, in order to provide you with a better service and to promote products and services of your interest, which are sold and / or provided by Better Mood.
Profiling: this term refers to any form of automated processing of personal data, which consists in the use of such personal data, in order to evaluate certain personal aspects related to a natural person, and in particular, in order to analyze or predict aspects concerning the professional performance, the economic situation, health, personal preferences, interests, reliability, behavior, location or movement of that natural person.
Transfer of data to third parties: this term refers to the transmission of data collected by the Data Controller to third parties, in order to receive direct communications for marketing purposes from such third parties.
In regard of the purposes of prevention – point i. –, the processing of your Personal Data will take place only after your expressed, free and aware consent, marking the appropriate box at the bottom of the form for the collection of the data.
In regard of the purpose of direct marketing – point ii. –, it should be underlined that, according to Article 6, paragraph 1 (f) of the Regulation, Better Mood may carry out this activity basing on its legitimate interest and regardless of your consent, unless you oppose to such processing or you limit it (according to Section G letter d. of this Policy Privacy). This is better explained in the “Whereas” (47) of the Regulation: “the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest”. This will also be possible following the assessments made by the Data Controller regarding the possible prevalence of your interests, fundamental rights and freedoms that require the protection of Personal Data on your legitimate interest in sending direct marketing communications.
Transfer of personal data
Your Personal Data may be disclosed to specific subjects, who are considered recipients of such Personal Data.
Indeed, Article. 4 (9) of the Regulation defines the recipient of a Personal Data: “a natural or legal person, public authority, agency or another body to which the personal data are disclosed whether a third party or not” (hereafter, the “Recipient“).
In this regard and in order to carry out in the correct way all the activities of Processing, which are necessary in order to pursue the purposes examined in this Policy Privacy, the following Recipients may process your Personal Data:
Third parties who carry out part of the activities of Processing, or such activities which are connected with them on behalf of the Data Controller. Anyone of these subjects has been individually appointed as data processor, according to Article 4 (8) of the Regulation, which includes “natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller” (hereinafter, the “Data Processor”).
Natural persons, employees and / or collaborators of the Data Controller, who have been entrusted with specific and / or more processing activities on your Personal Data. Such persons have been given specific instructions about the safety and the correct use of Personal Data and are defined, according to Article 4 (10) of the Regulation: “persons, who under the direct authority of the controller or processor are authorized to process personal data” (hereinafter, the “Authorized Persons“).
If required by law or in order to prevent or suppress the commission of a crime, your Personal Data may be disclosed to public bodies or judicial authorities, without being defined as Recipient. Indeed, Article 4 (9) of the Regulation affirms: “public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with Union or the Member States law shall not be regarded as Recipients”.
Use of cookies
In the website we use cookies of three main types, for the following purposes:
Required cookies – used to ensure proper performance of the website, security of customers and their data, provision of high-quality services;
Functional cookies – used to enhance the website user experience, analyze the use of the system and in accordance to such improve the provision of services;
Advertising cookies – used to observer user online behavior and optimize marketing campaigns according to such information.
Our service providers use cookies and those cookies may be stored on your computer or other devices when you visit our website.
What we use cookies for:
Google Analytics cookies to observe our website traffic. Cookies used for this purpose help us detect website errors as well as measure website bandwidth. Youtube cookies to display in our website content uploaded in Youtube.
Cookies used for this purpose help us maintain integrity, create informative and dynamic website. Twitter cookies to display in our website content posted in Twitter. Cookies used for this purpose help us maintain integrity, create informative and dynamic website. Google Maps cookies, if the user permits, to determine users location. Cookies used for this purpose help us adapt website settings in accordance to user’s location and improve user experience in our website. Doubleclick cookies to control the display of ads to our users. Cookies used for this purpose help us distinguish users that already use our services and reduce or stop displaying our ads to such users. Facebook cookies to manage the display of ads to our users. Cookies used for this purpose help us distinguish users that already use our services and reduce or stop displaying our ads to such users. Google Tag Manager cookies to control advertising cookies. Cookies used for this purpose help us properly distribute ads to users. Hotjar cookies to observe how users use our website. Cookies used for this purpose help us observe the performance of the website and analyse how we can improve our website.
Storage of personal data
One of the applicable principles to the Processing of your Personal Data concerns the limitation of the period for which the personal data have to be stored, governed by Article 5, paragraph 1 (e) of the Regulation that states:
“Personal Data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organizational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject”. Basing on this principle, your Personal Data will be processed by the Data Controller only for what is necessary in order to pursue the purposes quoted in Sections B and C of this Policy Privacy. In particular, your Personal Data will be processed for a minimum necessary period of time, as indicated in “Whereas” 39 of the Regulation, namely until the end of the contractual relationship between you and the Data Controller, except for the legitimate interest of the Data Controller in preserving them further, according to “Whereas” 47 of the Regulation. Furthermore, your Personal Data will be processed for a minimum necessary period of time which may be imposed by legal provisions in accordance with “Whereas” 65 of the Regulation.
Withdrawal and limitation of the consent
In accordance with the Regulation, if you have given your consent to the processing of your Personal Data for one or more purposes, explained in sections B and C of this Policy Privacy, you can, at any time, withdraw it totally and / or partially without compromising the lawfulness of the Processing, based on the consent given before the withdrawal.
The withdrawal methods of the consent are very simple and intuitive; you have just to contact the Data Controller, using the contact channels, reported in Section G of this Policy Privacy.
Data subjects’ rights
In accordance with Article 15 of the Regulation, you can have access to your Personal Data and ask for their amendment and their updating, if they are incomplete or wrong. You can ask for their cancellation, if their collection has been made in breach of a law or regulation, and you can oppose to the processing for legitimate and specific reasons. In particular, we report below all the rights you can exercise, at any time, against the Data Controller.
Access rights
According to Article 15, Paragraph 1 of the Regulation, you will have the right to obtain from the Data Controller the confirmation that a Processing of your Personal Data is occurring, and in this case, you will have the right to obtain the access to these Personal Data and to the information:
a) the purposes of the processing; b) the categories of Personal Data in question; c) recipients or recipients’ categories, to whom your Personal Data have been communicated or will be communicated, especially if they are Recipients coming from third countries or international organizations; d) when possible, the expected period of the Data storage, otherwise, the criteria used to determine that period; e) the right of the data subject to request the Data Controller to amend or delete Personal Data, to limit or to oppose to their processing; f) the right to make a complaint to a supervisory authority; g) if the Personal Data are not collected from the Data Subject, how the Data Controller has collected them; h) the existence of an automated decision-making processing, including also the profiling, according to Article 22, Paragraphs 1 and 4 of the Regulation and, at least in such cases, significant information about the employed logic, as well as about the importance and the effects of such Processing for the Data Subject.
Amendment right
In accordance with Article 16 of the Regulation, you can obtain the amendment of incorrect Personal Data.
Taking into account the purposes of the processing, moreover, you can obtain the integration of your incomplete Personal Data, also by presenting an additional declaration.
Cancellation right
In accordance with Article 17, Paragraph 1 of the Regulation, you can obtain the cancellation of your Personal Data without unjustified delay, and the Data Controller will be obliged to delete your Personal Data, if there is just one of the following reasons:
a) Personal Data are no longer necessary for the purposes, for which they have been collected, or otherwise processed; b) you have withdrawn the consent, on which the processing of your Personal Data is based and there is no other legal basis for their processing; c) according to Article 21, Paragraph 1 or 2 of the Regulation, you have opposed to the processing and there is any more a legitimate overriding reason to proceed with the processing of your Personal Data; d) your Personal Data has been processed unlawfully; e) it is necessary to delete your Personal Data, in order to comply with a legal obligation, which is provided in a Union or member state law. In some cases, as it is indicated by Article 17, Paragraph 3 of the Regulation, the Data Controller is entitled to collect and not to delate your Personal Data, if their processing is necessary, for example, for the exercise of the right of freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest, for purposes of archiving in the public interest, for scientific or historical research, for statistical purposes, for verification, or for the exercise or the defence of a right before a court.
Limitation of processing right
In accordance with Article 17, Paragraph 1 of the Regulation, you can obtain the cancellation of your Personal Data without unjustified delay, and the Data Controller will be obliged to delete your Personal Data, if there is just one of the following reasons:
a) Personal Data are no longer necessary for the purposes, for which they have been collected, or otherwise processed; b) you have withdrawn the consent, on which the processing of your Personal Data is based and there is no other legal basis for their processing; c) according to Article 21, Paragraph 1 or 2 of the Regulation, you have opposed to the processing and there is any more a legitimate overriding reason to proceed with the processing of your Personal Data; d) your Personal Data has been processed unlawfully; e) it is necessary to delete your Personal Data, in order to comply with a legal obligation, which is provided in a Union or member state law. In some cases, as it is indicated by Article 17, Paragraph 3 of the Regulation, the Data Controller is entitled to collect and not to delate your Personal Data, if their processing is necessary, for example, for the exercise of the right of freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest, for purposes of archiving in the public interest, for scientific or historical research, for statistical purposes, for verification, or for the exercise or the defence of a right before a court.
Data portability right
In accordance with Article 20, Paragraph 1 of the Regulation, at any time you can request and receive all of your Personal Data, processed by the Data Controller, in a structured format, which is of common and legible use, otherwise you can request their transmission to another Data Controller without any impediment.
In this case, it will be your responsibility to provide us with all the exact details of the new Data Controller in a written authorization.
Opposition right
In accordance with Article 21, Paragraph 2 of the Regulation and as also reiterated by “Whereas” 70 of the Regulation, at any time you can oppose to the processing of your Personal Data if these are processed for purposes of direct marketing, of profiling and of transferring the data to third parties.
Right of making a complaint to the supervisory authority
Apart from your right to appeal to any other administrative or jurisdictional office, if you believe that the processing of your Personal Data, conducted by the Data Controller, breaches the Regulation and / or the applicable legislation, you can make a complaint before the Persona Data Protection Authority.
Processing location/place
Your Personal Data will be processed by the Data Controller within the territory of the European Union.
Considering the fact that the Data Controller belongs to the Better Mood, it may be necessary for technical and / or operational reasons, to cooperate with entities who are located outside the European Union, so that they can respond to your requests. In accordance with and for the purposes of Article 28 of the Regulation, we inform you from now on that these subjects have been specifically appointed as Data Processor, and the transmission of your Personal Data to these subjects, which is limited to specific activities of processing, will be regulated in accordance with “Chapter” V of the Regulation.
All necessary precautions will therefore be taken in order to ensure the whole protection of your Personal Data. As a matter of fact the transmission is based: (a) on adequate decisions of the third country recipients, expressed by the European Commission; (b) in accordance with Article 46 of the Regulation, on appropriate guarantees, expressed by the third party recipient; (c) on the adoption of binding corporate rules; (d) on the adoption of standard contractual clauses, approved by the European Commission.
When we provide your data to others?
We may disclose your personal data to any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this notice.
Such may include internal administration purposes as well as provision/sharing of IT services or data centers in the group.
We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose your personal data to our anti-fraud, risks and compliance providers insofar as reasonably necessary for the purposes of protecting your personal data and fulfilling our legal obligations.
We may disclose your personal data to our payment service providers. We will share service data with our payment services providers only to the extent necessary for the purposes of processing your payments, transferring funds and dealing with complaints and queries relating to such payments and transfers.
We may disclose your personal data to other service providers insofar as it is reasonably necessary to provide specific services (including, providers of servers and maintenance thereof, email service providers, service providers used for data analysis, customer satisfaction surveys or market research). We take all the necessary measures to ensure that such subcontractors would implement proper organizational and technical measures to ensure security and privacy of your personal data.
In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Persons, indicated in this Section may be established outside the United Kingdom, European Union and European Economic Area. In case we will transfer your personal data to such persons, we will take all the necessary and in the legal acts indicated measures to ensure that your privacy will remain properly secured, including where appropriate, signing standard contractual clauses for transfer of data.
Persons under 18
Our website and services are targeted at persons over the age of 18.
If we have reason to believe that we hold personal data of a person under that age in our databases without having consent from the parent rights holder, we will delete that personal data.
Third party websites
Please take note that such third party website that you will visit by clicking on links have their own privacy policies and we take no responsibility regarding such privacy policies. We recommend familiarising with privacy policies of such websites before providing any personal data to such.
Better Mood’s Terms of Service
Recently updated: September 2022
Introduction
1.1. These Terms of Use (“Terms”), are a legally binding agreement between Better Mood and every person accessing and/or using Better Mood’s website (“Site”) and/or services (collectively, the “Service”).
1.2. By accessing or using the Service, you are entering into this Terms. You should read this Terms carefully before starting to use our Site. If you do not agree to these Terms, or to any part thereof, you should cease all use of the Service.
1.3. Better Mood reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of our Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, only remedy is to discontinue your use of our Service and to cancel any Account you have created for use of the Service.
1.4. If you violate the Terms, Better Mood reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Service. You agree that Better Mood does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
1.5. You agree that Better Mood may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
1.6. YOU ARE OBLIGED TO CAREFULLY READ THESE TERMS BEFORE ACCEPTING THEM AND USING THE SITE AND/OR SERVICE. YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
Definitions
2.1. Some terms are defined in the introductory part of these Terms. Unless these Terms provide otherwise, wherever used in these Terms, including the introductory part, the following terms when capitalised shall have the following meanings:
Client. User of the Service as explained in these Terms;
Offer. The offer to enter into these Terms provided by Better Mood to the Client through the Site;
Service. The Digital content and coach support provided to the Client as well as the accessibility to the Site;
Digital content. Personalised digital program and coach support sold on the Site;
Distance contract. A contract concluded between the Better Mood and the Client within the framework of a system organised for the distance sale of Digital content;
Site. The website available at https://www.bettermood.com;
Account. In order to use our Service, you would be required to first create an account at the Site.
Disclaimer of Warranty; Limitation of Liability; Indemnifications and Usage
3.1. Better Mood clearly states that it is not a medical organisation and cannot give the Client any medical advice or assistance.
3.2. Nothing within Service by Better Mood is associated with, should be taken or understood as medical advice or assistance nor you should rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
3.3. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site.
3.4. The use of any information provided on this Site is solely at your own risk. Developments in medical research may impact the health advice that appears here. No assurance can be given that the advice contained in this Site will always include the most recent findings or developments with respect to the particular material;
3.5. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BETTER MOOD, ITS SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, BETTER MOOD PROGRAM PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
3.6. Due to the nature of Service that the Site provides and as the Client’s adherence to the provided use instructions cannot be controlled, Better Mood provides no warranty as to any results or outcomes coming from using Service.
Use of Material on This Site
4.1. This Site (including all its contents) is the property of Better Mood and is protected by copyright, trademark, and other laws of the European Union.
4.2. We authorise you to browse through the Site and print and download copies of material on the Site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download.
4.3. You agree that you will not otherwise copy, display, or transmit any material on the Site in any manner or medium.
4.4. You also agree not to modify, sell, broadcast, or distribute any material on the Site in any manner or medium, including by uploading the material or otherwise making the material available online.
4.5. Better Mood is not responsible if information that Better Mood makes available on this Site is not accurate, complete or current. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to the Site.
4.6. You are not required to provide Better Mood with any feedback or suggestions regarding the Service or any of the Services’ Materials. However, should you provide Better Mood with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any of the Services’ Materials, then, subject to the terms and conditions of these Terms, you hereby grant Better Mood a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Better Mood chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Better Mood’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Better Mood chooses, with or without reference to the source of such comments or suggestions.
Accepting the offer
5.2. Upon submission of the information, the Client will be provided with the Offer. The Offer will include information on the following:
- Payment amount for the relevant Service;
- Payment options: via credit card or other allowable payment form;
- Other information that can be important to include in the Offer.
5.3. The Client accepts the Offer once he/she finalise the Account creation through PayPal account or other payment platforms.
Distance contract
6.1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 5.3
6.2. As the Client will accept the Offer electronically, the receipt of acceptance of the Offer will be confirmed electronically.
6.3. The Site makes reasonable efforts to ensure that Service operate as intended, however such Services are dependent upon the internet and other services and providers outside of the control of the Site. By using the Service, the Client acknowledges that the Site cannot guarantee that Service will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Service.
6.4. From time to time and without prior notice to the Client, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Service do not entitle the Client to the continued provision or availability of the Service.
6.5. The Client furthermore agrees that:
- He/she shall not access Service if he/she is under the age of 18;
- The Client will deny access of Service to children under the age of 18. The Client accepts full responsibility for any unauthorised use of the Service by minors.
Payments and fees
7.1. During the period of validity of the Offer, the price for the Service being offered will not increase, except for price changes in VAT-tariffs.
7.2. The Client agrees to:
- purchase Service from the Site by using valid credit card or other allowed form of payment; provide Better Mood current and complete information as detailed in the purchase order form. If Better Mood discovers or believes that any information provided by Client is inaccurate or incomplete, Better Mood reserves the right to refuse to confirm Client`s payment at their sole discretion and Client forfeits any right to refund paid amount;
- all transfers conducted through the Site are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made;
- The Site may change the subscription plans and the price of the Service from time to time;
- Our free trials convert on the last day of your trial period (for example, a 7-day trial converts on the seventh day (7) of your trial). If you do not wish to be enrolled into the subscription, you can cancel your account at any time up to the last day of your free trial through your PayPal account or by contacting the support team by email at least 48 hours before the end of current period;
- Client may easily cancel the subscription through PayPal or contacting the Site’s support team by email.
7.3. All prices and costs are in US Dollars unless otherwise indicated.
Refund policy
8.1. Under the applicable legal acts, Better Mood adheres to a no-refund policy for digital content or Services provided to the Client. Exceptions are made if the digital content or Service is demonstrably different from its description or if it is defective. In these instances, the Client is required to reach out to our customer support team at [email protected] within 14 days of purchase, providing comprehensive information that demonstrates the product's defect, including any necessary visual evidence. Please note that refunds will not be granted for reasons such as the Client not commencing the program or forgetting to cancel.
8.2. Once a refund is issued, Client no longer has access to the Service. All refunds are applied to the original method of payment. By purchasing Service, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions.
Validity and termination
9.1. Better Mood may refuse access to the Service or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Service, User Content (as defined below), products, or Better Mood’s intellectual property as determined by Better Mood in its sole discretion.
9.2. You may, at any time, terminate your Account and stop using the Service. Please note that if you choose to terminate your Account and/or delete it, Better Mood will no longer be able to provide you with the Service, and the information collected and processed in connection with the Service may be deleted and/or restricted, in accordance with the Site’s policies.
Trademarks
10.1. This Site features logos and other trademarks and service marks that are the property of, or are licensed to Better Mood.
10.2. The Site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Medical disclaimer
11.1. BEFORE TRYING THE SERVICE BY THE SITE, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.
11.2. BETTER MOOD IS NOT A MEDICAL ORGANISATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICE PROVIDED BY THE SITE IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING HIS OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER.
Changes to Terms
12.1. These Terms, Privacy Policy and any additional terms and conditions that may apply are subject to change. The Site reserves the right to modify and update the Terms from time to time and such changes shall be effective immediately upon posting to the Site.
12.2. All amended Terms, Privacy Policy and any additional terms and conditions will be posted online. The Site may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Site.
12.3. The Client understands and agrees that any continued use and access to the Service after any posted updates of the Terms, means that Client voluntarily agrees to be bound by these Terms. If Client does not agree to be bound by the updated Terms, he/she should not use (or continue to use) the Services.
Communication
13.2. The communication with the Client will be made in English, unless Better Mood and the Client agree to communicate in another language.
13.3. The Client may contact us at any time by sending a message from our Site.
13.4. By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.
Dispute resolution
14.1. Governing Law. This Agreement is governed by the laws of Lithuania without regard to its principles of conflicts of law, and regardless of Client’s location.
14.2. Informal Dispute Resolution. Client agrees to participate in informal dispute resolution before filing a claim. Any complaints in relation to the Site and the Service provided to the Client should be addressed to the Site by contacting by the email. Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. We will send a complaint acknowledgement to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or the Site may bring a formal claim.
14.3. All disputes arising out of or related to these Terms or any aspect of the relationship between Client and the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through arbitration instead of in a court.
14.4. Client agrees that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.
Miscellaneous
15.1. No person other than the Client shall have any rights under this Agreement.
15.2. Client may not assign any rights under these Terms to any third party. The Site at its sole discretion may assign its rights and obligations under these Terms in full or in part to any third party.
15.3. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
15.4. THE USE OF THE SERVICE IS SOLELY AT CLIENT‘S OWN RISK. THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET CLIENT`S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. CLIENT UNDERSTAND AND ACKNOWLEDGE THAT HIS/HER SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICE.
15.5. BY USING OR ACCESSING THE SERVICE, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THESE TERMS, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
