Terms & Conditions
General Terms and Conditions
THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE PLATFORM ARE
FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS
CONSULT WITH YOUR QUALIFIED HEALTH CARE PROVIDER REGARDING QUESTIONS YOU
HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY.
NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE
BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM!
RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OR THROUGH THE
PLATFORM OR OTHERWISE PROVIDED BY LOVELY KETO IS SOLELY AT YOUR OWN RISK.
1. INTRODUCTION
1.1. These General Terms and Conditions (the “T&Cs”) govern the entire relationship between you
the Client and the Company acting as an individual meal plan provider.
1.2. Before the Distance contract is concluded, the Client will be provided with the text of these
T&Cs electronically or in durable format. If this is not reasonably possible, the Company will
indicate, before the Distance contract is concluded, in what way these T&Cs are available for
Client`s review at the Company's premises and that they will be sent free of charge to the
Client, as soon as possible, at the Client's request.
1.3. The Client is obliged to carefully read these T&Cs before accepting them and using the
Services of the Company.
1.4. The Client is also advised to read the answers to the “Frequently Asked Questions” which
are published on our Website.
2. DEFINITIONS
2.1. Part of the definitions are defined in the introductory part of these T&Cs. Unless these T&Cs
provide otherwise, wherever used in these T&Cs, including the introductory part, the following
terms when capitalized shall have the following meanings:
(a) Agreement shall mean these T&Cs for providing individual meal plan concluded online by
the Company and the Client.
(b) Client shall mean the user of the Company’s Services as explained in these T&Cs.
(c) Company shall mean ACTR LTD, company number 52103079471, registered address at Plavu
iela 17-275, Liepaja, European Union, office address at Plavu iela, Liepaja, European Union,
e-mail: support@lovelyketo.com a company incorporated under the laws of Latvia, data about
the company is stored and kept with the Register of Legal Entities of the Republic of Latvia (the
“Company”).
(d) Offer shall mean the offer to accept T&Cs of Services provided by Company to the Client.
(e) Privacy Policy shall mean the privacy policy of the Company published on the Website.
(f) Services shall mean the individual meal plan provided by the Company to the Client as well
as the accessibility to the Website, including information, text, images offered or provided on
the Website.
(g) Digital content shall mean an individual digital meal plan sold online by the Company.
(h) Distance contract Shall mean a contract concluded between the Company and the Client
within framework of system organized for the distance sale of Digital content.
(i) Website shall mean the website of the Company available at lovelyketo.com
3. SUBMISSION OF THE OFFER
3.1. The Company will provide the Client with a possibility of receiving an Offer through the
Website.
3.1.1. Procedure
3.1.1.1. The Client will choose his/her sex;
3.1.1.2. The Client will choose products to be included in the plan;
3.1.1.3. The Client will choose his/her physical activity level;
3.1.1.5. The Client will choose how familiar is he/she with Keto diet;
3.1.1.6. The Client will choose how willing is he/she to lose weight;
3.1.1.7. The Client will type-in the following data on the Company’s website:
(i) age;
(ii) height;
(iii) weight;
(iv) target weight;
(v) contact email address;
(vi) other information requested by the Company during the Client’s onboarding process.
3.2. Upon submission of the information established in Section 3.1. of these T&C, the Client will
be provided with the Offer. The Offer will include information on the following:
3.2.1. payment amount for a single meal plan;
3.2.2. payment options: via credit card or other allowable payment form.
3.3. Accepting the Offer
3.3.1.The Client accepts the Offer once he/she has made a purchase. Client agrees with the T&Cs,
by purchasing the service/product.
4. DISTANCE CONTRACT
4.1. The Distance contract will be concluded at the moment when the Client accepts the Offer
and as indicated in paragraph 3.3.1.
4.2. As the Client will accept the Offer electronically, the Company will immediately confirm
receipt of acceptance of the offer electronically. Usually the Company will send an individual
meal plan to the Client within 1 (one) hour. Such a meal plan will be provided to the Client's
email address provided on the website.
4.3. As Agreement between the Company and the Client consists of Digital content the Client
agrees to lose his/her right of withdrawal of the Agreement.
4.4. The Company makes reasonable efforts to ensure that Services operate as intended,
however such Services are dependent upon internet and other services and providers outside
of the control of the Company. By using Company`s Services, the Client acknowledges that the
Company cannot guaranty that Services 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 Services.
5. BILLING, CANCELLATION & REFUND
5.1 Billing Cycle. The membership fee for the LovelyKeto service will be charged to your
Payment Method on the specific payment date indicated on the "My Profile" page. The length
of your billing cycle will depend on the type of subscription that you choose when you signed
up for the service. In some cases your payment date may change, for example if your Payment
Method has not successfully settled, when you change your subscription plan or if your paid
membership began on a day not contained in a given month. Visit the Lovelyketo.com website
and click on the "Manage Subscription" link on the "My Profile" page to see your next payment
date. If you signed up for LovelyKeto using your account with a third party as a Payment
Method, you can find the billing information about your LovelyKeto membership by visiting
your account with the applicable third party.
5.2 Payment Methods. To use the LovelyKeto service you must provide one or more Payment
Methods. You authorize us to charge any Payment Method associated to your account in case
your primary Payment Method is declined or no longer available to us for payment of your
subscription fee. You remain responsible for any uncollected amounts. If a payment is not
successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel
your account, we may suspend your access to the service until we have successfully charged a
valid Payment Method. For some Payment Methods, the issuer may charge you certain fees,
such as foreign transaction fees or other fees relating to the processing of your Payment
Method. Local tax charges may vary depending on the Payment Method used. Check with your
Payment Method service provider for details.
5.3 Updating your Payment Methods. You can update your Payment Methods by going to the
"My Profile" page to click on “Manage Subscription”. We may also update your Payment
Methods using information provided by the payment service providers. Following any update,
you authorize us to continue to charge the applicable Payment Method(s).
5.4 Cancellation and Refund. You can cancel your LovelyKeto membership at any time, and
you will continue to have access to the LovelyKeto service through the end of your billing
period. All payments made after a 7 day trial period are non-refundable and we do not provide
refunds or credits for any partial membership periods or unused LovelyKeto content. To cancel,
go to the "My Profile" page under the section “Account Information” click “Manage
Subscriptions” and follow the instructions for cancellation. If you cancel your membership, your
account will automatically close at the end of your current billing period. To see when your
account will close, click "Manage Subscription" on the "My Profile" page. If you signed up for
LovelyKeto using your account with a third party as a Payment Method and wish to cancel your
LovelyKeto membership, you may need to do so through such third party, for example by
visiting your account with the applicable third party and turning off auto-renew, or
unsubscribing from the LovelyKeto service through that third party.
5.5 Changes to the Price and Subscription Plans. We may change our subscription plans and
the price of our service from time to time; however, any price changes or changes to your
subscription plans will apply no earlier than 30 days following notice to you.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All intellectual property rights, including but not limited to copyright, design rights,
trademark rights, patent rights and any other rights related to the Services are owned by the
Company.
6.2. The Client is forbidden to reproduce, publish Services including but not limited to Digital
content supplied and/or provided by the Company in whole or in part without Company`s prior
written consent.
6.3. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in
relation to the Services.
7. USE OF DIGITAL CONTENT
7.1. All intellectual property rights specified in Article 6.1 and relating to Digital content are
owned by the Company. The Client will only be granted a non-exclusive, non-transferable and
non-sublicensable licence to the Digital content provided.
7.2. The term of this licence shall be granted for a term of 5 years from the date of receiving
Digital content.
7.3. Unless expressly otherwise provided, Digital content must only be intended for personal
and non-commercial use.
7.4. The Client is not authorised to edit, reproduce, transmit or lend the Digital content or make
it available to any third parties or use it to perform any other acts which extend beyond the
scope of the licence provided by the Company.
7.5. The Company is authorised for the purpose of enforcing intellectual property rights, impose
restrictions on the scope of the licence or the number of devices or types of devices on which
Digital content can be used.
7.6. If the Client acts in contravention of this article, the Company will be authorised to suspend
access to the relevant Digital Content, notwithstanding Company`s right to recover from the
Client the loss suffered as a result of or in connection with the infringement including any
expenses incurred.
8. SELLING DIGITAL CONTENT
8.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending copies
online.
9. PRIVACY POLICY
9.1. The processing of Client’s personal data is governed by the Privacy Policy which can be
found on the Website. It is recommended for the Client to print and keep a copy of the Privacy
Policy together with these T&Cs.
10. LIABILITY
10.1. A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that
these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable
for any losses caused by force majeure, riot, war or natural events or due to other occurrences
for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative
acts of domestic or foreign high authorities). The Client must provide written notification of the
occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar
days from the date of the occurrence of these circumstances. The Company shall inform the
Client about the occurrence of force majeure by e-mail or on the Website if possible.
10.2. The liability of the Company is limited to direct losses, unless otherwise provided under the
applicable laws.
10.3. Due to the nature of Services that the Company provides and as the Company cannot
control whether the Client sticks to the provided meal plan, the Company provides no warranty
as to any results or outcomes coming from using Services.
10.4. The Website may provide links to other websites that are not owned and/or controlled by
the Company. The Client acknowledges and agrees that the Company is not responsible for the
availability of such websites. Furthermore, the Company is not responsible or liable for any
content, advertising, products or other materials on such websites and therefore the Client
agrees that the Company shall not be responsible or liable, directly or indirectly for any damage
or loss caused or alleged to be caused by or in connection with use or reliance on any such
content, goods, services available on or through any such websites.
11. MEDICAL DISCLAIMER
11.1. Before trying meal plan by the Company, the Client health should be evaluated by his/her
healthcare service provider or he/she should consult with healthcare service provider.
11.2. The Company clearly states that it is not a medical organisation and cannot give the Client
any medical advice or assistance. Nothing within Services by the Company is associated with,
should be taken or understood as medical advice or assistance nor should it be interpreted in
substitution for any medical advice or assistance, or used, 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. The Company encourages the Client to
seek appropriate medical advice or assistance before using Company`s Services.
12. ELIGIBILITY
12.1. The Services is available only to individuals that can form legally binding contracts under
EU law therefore the Client confirms that he/she is at least 18 years old. If the Client is accessing
Services on behalf of a person who is not 18 years old, the Client confirms that he/she is that
person legal guardian and is responsible for that person`s compliance with these T&Cs and will
indemnify Company for any losses or damages that Company will suffer as a consequence of
failing to comply with these T&Cs.
13. VALIDITY AND TERMINATION
13.1. T&Cs come into effect after the Client accepts T&Cs, and electronically expresses its consent
to comply with them, and it shall remain in effect for an indefinite period until termination
thereof.
13.2. The Company may terminate the relationship with the Client by serving a 5-day prior
notice to the Client by e-mail in the following cases: (i) the Client does not agree with the T&Cs;
(2) the Client commits any breach of the T&Cs; (3) the Client does not provide information
requested by the Company and/or provides incorrect and/or incomprehensive information.
Notwithstanding the foregoing, statutory termination rights shall not be affected.
14. CHANGES TO T&CS
14.1. These T&Cs, privacy policy and any additional terms and conditions that may apply are
subject to change. Changes considered by us as substantial will be implemented with prior
notice from the Company under the procedure set forth in this section.
14.2. The Company shall give notice to the Client of any by sending an email to the primary
email address provided by the Client. The changes will be also announced publicly on the
Website.
14.3. The User shall be notified about amendments to these T&Cs and any additional terms and
conditions that may apply not later than 60 calendar days prior to the effective date of the
amendments. The text of the amendments to the conditions shall be provided in English.
14.4. If before the effective date of the amendments the Client does not notify the Company of
its disagreement with the amendments to the T&Cs, it shall be deemed that the Client agrees with these amendments. If the Client disagrees with the amendments to the T&Cs, it shall be
entitled to terminate T&Cs free of charge by serving a prior notification to the Company by
e-mail before the day on which the amendments will take effect
15. COMMUNICATION
15.1. In general, the Company prefers communication by e-mail. By accepting these T&Cs, the
Client accepts communication by e-mail. For this purpose, the Client is requested to have a
valid e-mail address and provide it when filling required information as stipulated in Article 3.1.1.
The Client should check its e-mail messages regularly and frequently. E-mails may contain links
to further information and documents on the Website.
15.2. Where applicable laws require provision of information on a durable medium, the
Company will either send the Client an email with an attachment or send the Client a
notification referring to the Website with download function to retain such information and
documents permanently for future reference. The Client is requested to keep copies of all
communications from the Company.
15.3. The Client may request a copy of these T&Cs or any other contractual document by
contacting support@lovelyketo.com
15.4. The communication with the Client will be made in English, unless the Company and the
Client agree to communicate in another language.
15.5. The Client may contact us at any time by sending a message to support@lovelyketo.com
16. COMPLAINTS
16.1. Any complaints in relation to the Company and the Services provided to the Client should
be addressed to the Company by contacting support@lovelyketo.com. By submitting a
complaint, the Client should clearly indicate that a complaint is submitted and specify the
grounds and circumstances concerning the complaint. The Company will send to the Client a
complaint acknowledgment to the e-mail address from the complaint has been received. We
will consider the complaint and respond to the Client within 14 calendar days since the day of
receipt of a relevant complaint.
16.2. Client’s requests (complaints) shall be analysed by the Company free of charge.
16.3. If Company’s response to the Client’s complaint does not satisfy the Client or no answer
has been provided thereto, the Client has the right to file claim with the regulatory institutions
or courts.
17. PASSWORDS AND ACCOUNT ACCESS.
The member who created the LovelyKeto account and whose Payment Method is charged (the
"Account Owner") is responsible for any activity that occurs through the LovelyKeto account. To
maintain control over the account and to prevent anyone from accessing the account (which
would include information on viewing history for the account), the Account Owner should
maintain control over the LovelyKeto ready devices that are used to access the service and not
reveal the password or details of the Payment Method associated with the account to anyone.
You are responsible for updating and maintaining the accuracy of the information you provide
to us relating to your account. We can terminate your account or place your account on hold in
order to protect you, LovelyKeto or our partners from identity theft or other fraudulent activity.
18. MISCELLANEOUS
18.1. No person other than the Client shall have any rights under these T&Cs.
18.2. Client may not assign any rights under the T&Cs to any third party without the prior
consent of the Company. The Company at its sole discretion may assign its rights and
obligations under these T&Cs in full or in part to any third party.
18.3. Any dispute under these T&Cs or otherwise in connection with the Services shall be
brought to the courts of Latvia, except where prohibited by the applicable laws.
18.4. If any part of these T&Cs 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 T&Cs,
which shall continue to be valid and enforceable to the fullest extent permitted by law.
Last Updated: January 1, 2022