Effective from September 30 2020.

GoodVibes is an international online platform facilitator (hereinafter “Goodvibes”, “we”, “or”, “us”), providing a platform that enables registered users (hereinafter “User”) to rate and comment and review product information (hereinafter the “Services”) via the website.

The current EULA applies to all use of our websites, www.goodvibesmovement.in, (hereinafter “Website”). 

The EULA may be amended from time to time by us with a fair notice to you before the new privacy EULA comes into force.

Use of the GoodVibes Website assumes that the User has accepted this entire EULA, including the Terms of Use and Privacy Policy. Such acceptance is deemed to be as valid as the User’s handwritten signature.

The EULA and its appendices are written in Spanish and English. In case of divergence of interpretation, only the Spanish version shall prevail.

Contact email: team@goodvibesmovement.in

Definitions

The following terms have the definitions given:

Website: the website GoodVibes and all of its pages and screens.

Database: the database of products used in the website.

Service: evaluation and recommendation services for food, cosmetic and home cleaning products.

Publisher: the artificial or natural person responsible for publishing the website and for its content.

User: the website user using the website.

Score: refers to the overall score obtained by applying the evaluation method developed by the Publisher.

Purpose

The main purpose of the Website is to inform consumers about the ingredients of commonly sold food, cosmetic and home cleaning products.

The Website offers a scoring and recommendation system that analyse information provided by the products’ makers.

The Website is published by the company Goodvibes, which is totally independent. GoodVibes has no contract or financial ties of any kind with the producers and/or distributors of the products evaluated by the application. 

Scoring Method

The food scoring method used by the Website includes the following factors:

• Nutritional balance (100%) 
• Presence of food additives and recycling rate of generated packaging and containers (30%)
• Whether the product is organic factors 1 or 0 are applied to the total score if the product is or it is not organic, respectively.
• Whether the product is Gluten Free free factors 1 or 0 are applied to the total score if the product is or it is Gluten free, respectively.

For nutritional balance, the scoring method is based on the general guidelines provided by FAO, WHO and European Food Safety Authority (EFSA, Technical Report, “Dietary Reference Values for Nutrients. Summary Report”). For personalized reports, depending on the gender, age, ethnicity, among others, other databases were used, including the “Dietary Reference Intakes: The Essential Guide to Nutrient Requirements.” by Institute of Medicine National Academy of Sciences; the “Dietary Guidelines for Americans” 2015-2020 (8th edition) by U.S. Department of Health and Human Services and U.S. Department of Agriculture; and Ministerio de Agricultura, Ganadería y Pesca (Argentina) for dietary balance recommended for Argentina, Brazil, Mexico, and other countries. 

The cosmetics and home cleaning scoring method is based on analyzing all product’s ingredients. The method evaluates the level of health (cancer, developmental and reproductive toxicity, allergies and immunotoxicity, use restrictions established by different countries, endocrine disruption, Neurotoxicity, Organ system toxicity, Biochemical or cellular level changes, Persistence and bioaccumulation, Ecotoxicity, Irritation, Occupational hazards, Enhanced skin absorption, Contamination concerns, etc.) and environmental risks of the ingredients (ingredient’s concerns). On the other hand, the Websitedoes not evaluate their effectiveness.

Each ingredient is assigned a science-based risk level. For risk levels have been defined: High (red), moderate (orange), low (yellow), and no risk (green).

The Score assigned by the Website constitutes an opinion based on the information present on the product. The terms “excellent”, “good”, “poor”, and “bad” apply only to the product’s Score under the scoring method developed by the Publisher, as shown in the Website. The terms “high risk”, “moderate risk”, “low risk”, and “no risk” apply only to the Publisher’s opinion about the corresponding ingredient based on the scientific sources analyzed. These adjectives do not refer to the product itself or its intrinsic qualities.

Database

GoodVibes does not guarantee that the Database and the exact composition of the analyzed products are totally reliable.

GoodVibes does not itself analyze the exact composition of the products. The information provided by the Website relays the data provided by the products’ makers. Composition or detection errors may exist. It is therefore best to check the packaging and report any errors through the Website by contacting us at team@goodvibesmovement.in.

GoodVibes does not guarantee full detection of the ingredients. This is because the ingredients present on the packaging may differ from those listed in the Website or that the detection of those ingredients has failed. The User must therefore always check the packaging to be safe. The Website ’s features are not medical advice under any circumstances.The information provided on this Website is not a substitute for professional medical advice or treatment. 

Account in the Website

Creating an account

A User who creates an account in the Website can access it by logging in using the details provided at the time they register and using systems such as third-party social media login buttons. The User is fully responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If a password is forgotten, they can choose a new one. This password protects the information contained in their account, and the user should therefore refrain from giving or sending it to a third party. If they do not, the Website’s Publisher may not be held liable for unauthorized access to the user’s account.

Suspending or deleting an account

The Publisher reserves the exclusive right to block access to the Website or delete the account of any User who violates this EULA or any account that has been inactive for at least a year.

Said suspension or deletion shall not be considered damaging the excluded member, who may not claim any compensation for this act. This exclusion does not prevent the Publisher from taking legal action against the User if the facts justify the case.

Rights and obligations of the User

The User agrees:

• to only use the data relayed by the Website for personal, non-commercial use;
• to not exploit the data, opinions, recommendations, and rankings offered by the Website for their personal gain;
• to not make fake product submissions.

Each User is free to close their account on the Website. To do so, the member must send an e-mail at team@goodvibesmovement.in to the Publisher indicating that they wish to delete their account.

Submitting Products

The Users have the ability to contribute to content accessible via the Website by submitting data about food, cosmetic and home cleaning products. The contributor agrees to provide true information when contributing and to follow the contribution rules. The author waives their rights to the content of the contributions, in favor of the Publisher, for any distribution or use, even if commercial in nature.

The contributor agrees to relay only information and photographs for which they own the intellectual property rights. The contributor agrees to not add information and/or photographs from other sites. The information added by the contributor must come directly from the product’s packaging. Photographs added by the contributor must have been personally shot by the contributor. The Contributor agrees not to disclose information to the Publisher in violation of the exclusive property rights of a third party.

Rights and obligations of the Publisher

Access to the Website
The Publisher hereby informs you that the information entered into the Website is hosted on the servers of an outside service provider to which the Publisher subcontracts its hosting.

The Publisher may not be held liable for technical unavailability of the connection, regardless of whether this is due to an event of force majeure, maintenance, an update, a change, an intervention by the hosting company, an internal or external strike, a network failure, an electrical power outage, or misconfigured settings or misuse of the User’s device.

The User acknowledges that they are familiar with the limitations and constraints specific to the Internet, and as such recognizes that it is impossible to fully guarantee that data exchanges are secure. The Publisher may not be held liable for damages resulting from the Website, such as lost data, intrusion, virus, service breakdowns, or otherwise.

Liability & Limitation

The Publisher may not in any event be held liable:

• for any direct or indirect damages, particularly with regard to lost profits, lost income, lost clients, or lost data that may, inter alia, result from the use of the Website, or the inability to use it;
• for a User device malfunction, downtime, misuse, or improperly configured settings, or for the use of an uncommon or obsolete device by the User;
• for the content of links or outside sources accessible by the User from the App;
• for the content of the information related to the composition of the analyzed products (food or cosmetics) and the evaluations, analyses, recommendations, or opinions related to them.

The User recognizes that the Publisher may not be held liable for the provision of data about the analyzed products, and may not be held liable for their content.

The User expressly agrees that it is using the Website at its own risk and under its own responsibility alone. The Website provides the User with information as an example. The Publisher does not guarantee the accuracy, completeness, or exhaustiveness of the information and data found in the Website. The Database changes, particularly when products are added and/or edited by the Publisher.  

The Publisher may not be held liable for errors in the Database, particularly with respect to information about product analysis. It is therefore up to the User to verify the composition of the products directly on their packaging in order to be sure they are obtaining up-to-date information about their composition.

The Publisher cannot guarantee the usefulness of the Website’s information and recommendations. The Website is not in any event a substitute for consulting with a health professional, such as a dietician or a doctor. The information and recommendations may contain errors and must not in any event be used for medical purposes.

Hyperlinks relayed on the Website may redirect to other applications or websites, and the Publisher of the Website may not be held liable if the content of those applications and sites violate the law. Likewise, the Publisher may not be held liable if the use of those applications or sites by the user causes it any harm.

If in extraordinary cases GoodVibes should be liable, such liability is limited in the following ways:

no indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;

damages are under any circumstances limited to the amount of fees paid by Users for GoodVibes within the twelve (12) months preceding any claim against GoodVibes by Users. EUR 100;

only claims based on gross negligence, fraud and misconduct of Goodvibes.

GoodVibes is never liable for errors on the Platform, or underlying software, the services or any information provided by Users. The Platform and all its functionalities are provided to the User “as is”.

The limitations and exclusions in this section(Liability limitation) apply to the maximum extent permitted by applicable law. The provisions of this clause shall be applicable regardless of the claim and the nature of the damage or injury and its direct or indirect relationship with the conduct of the parties in compliance with this EULA.

Intellectual property rights

The exclusive use of the GoodVibes brand, logos, software, analysis methods, recommendation methods, graphical elements, databases, and more generally, all content offered by the Website is reserved for the benefit of the Publisher, or potentially its partners. 

GoodVibes declares that platform  is duly registered and the intellectual property and copyright rights correspond exclusively to Gudvives. 

This Eula does not transfer any intellectual property rights on the platform. The Source Code is not provided to anyone and is a trade secret of Goodvibes.

The user will leave in place, and not alter or obscure proprietary notices and licenses contained in the 

Platform.

Anyone who communicates, represents, reproduces, embeds, distributes, or redistributes them may face penalties as provided in particular in the Intellectual Property Code, Civil Code,  Commerce Code and Penal Code of Spain.

Any member who violates the protected items in this way may have their account deleted without prior notice or compensation, and without that deletion constituting damages, without prejudice to potential subsequent legal proceedings against them, at the initiative of the Publisher of the App or its agent.

Changes

These Terms may from time to time be amended at Goodvibes’s sole discretion, followed by a notification to the Users. Users are bound by any changes to the Terms when using the Platform after changes have been posted. If the Users don´t want  to continue using the Service under the new version of this EULA, they could cancel their account by contacting us.

An updated version of the Terms will at all-time be available at www.goodvibesmovement.in .

Platform functionalities

In order to gain access to the functionalities of the Platform, the User has to sign up and register as a User of the Platform.

The User is solely responsible for any content of reviews and comments and pictures uploading made available on the Platform.

The User solely is responsible for all interactions with other Users in connection with the Platform.

GoodVibes’s Warranty

We do not provide any warranty unless specific and expressly stated. All GoodVibes services are provided “as – is” without warranty. 

GoodVibes underlines that it offers no warranty, explicit or implied, regarding accuracy of any reviews or information regarding the products.

Assignment

No rights or obligation under this EULA will be assigned without the prior written consent of Goodvibes. Any assignment without such consent will be void. GoodVibes may assign its rights under this EULA.

Indemnification

The Users agrees to indemnify, defend and hold harmless GoodVibes  from and against all damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to 1) non compliance of this EULA, Privacy Policy and the Terms of Use, any law or the rights of a third party 2) 

Publicity. Use of Trademarks

Users will not use any trademarks and logo of GoodVibes or  issue press releases or other publicity related with User `s relationship with GoodVibes without prior written approval from Goodvibes.

Termination

GoodVibes may terminate this EULA with or without cause. Termination is effective upon written notice.

Each party may terminate this EULA due to the substantial breach by the other party of any essential duties assumed under this EULA, to the extent evidence of such breach is given. 

If the Users or GoodVibes terminate this EULA, or GoodVibes suspends the access to the platform, the Users agree that GoodVibes has no liability to them.  GoodVibes will not refund amounts Users have already paid, to the fullest extent permitted by applicable law.

Miscellaneous

If a clause in the Terms is not enforceable, the unenforceability of that clause will not affect any other sections of the Terms.

Applicable law, mediation, and competent judge

This EULA is subject to Spanish law. The Publisher reserves the right to edit it at any time.

Any disputes that may arise in the performance of these terms and conditions shall be settled as a priority by amicable means. If no amicable resolution can be reached, the parties, whether consumers or professionals, are bound to enlist a mediator prior to entering legal proceedings.

If no agreement can be reached, the parties shall be subject  to the exclusive jurisdiction of the national courts located  in Madrid, Spain.