Legal
Terms & Conditions
These Terms & Conditions (the “Terms”) govern your access to and use of the website quietweight.com (the “Website”) and of the QuietWeight self-assessment, the QWI Assessment, the Reset Plan and any related content, programs, sessions and services (together, the “Services”). The Services are provided by:
GULL DIAGNOSTICS (sole proprietorship / Einzelunternehmen)
Sperdiklerstrasse 6, 8466 Trüllikon, Switzerland
Registered seat: Trüllikon (Canton of Zürich) · UID: CHE-198.656.704
Email: [email protected]
(“GULL DIAGNOSTICS”, “we”, “us” or “our”). By accessing the Website or using any of the Services, you (“you” or the “user”) confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, please do not use the Website or the Services.
1. Scope & agreement
These Terms form a binding agreement between you and GULL DIAGNOSTICS regarding your access to and use of the Website and the Services. They apply to every visitor of the Website and to every customer of the Services. Where you enter into a separate written agreement, order form or program enrolment with us, that agreement applies in addition to these Terms; in the event of a conflict, the specific written agreement prevails for the matters it covers, and these Terms continue to apply in all other respects. If you are entering into these Terms on behalf of an organisation, you confirm that you are authorised to bind that organisation.
2. Definitions
“Content” means all information, text, graphics, scores, charts, summaries, materials and other content made available through the Website or the Services. “User Content” means content that you submit, including your self-assessment answers, messages and any information you provide. “Consumer” means a natural person acting for purposes outside their trade, business or profession. Terms not defined here have their ordinary meaning.
3. The Services
QuietWeight provides a self-reflection tool in which you rate nine areas of life and receive a QuietWeight score, a “life-wheel” visualisation and a personal, automatically generated summary. We may also offer a paid QWI Assessment and a 1:1 Reset Plan or similar programs. The Services are intended for personal information, education and self-reflection only. We may modify, add, suspend or discontinue all or part of the Website or the Services at any time, and will use reasonable efforts to give notice of material changes where practicable.
4. Eligibility
The Website and the Services are intended for individuals who are at least 18 years old and able to enter into a binding contract. By using the Services you confirm that you meet these requirements. Additional eligibility conditions may apply to specific programs and will be stated at the point of sale.
5. Your account & information
Some Services require you to provide an email address or to create an account. You agree to provide information that is true, accurate and current, and to keep it up to date. You are responsible for keeping any access credentials confidential and for activity carried out through your account. Please notify us promptly at [email protected] if you believe your account has been used without your authorisation.
6. Health disclaimer — no medical advice
Nothing in the Services creates a doctor–patient, therapist–client or other professional treatment relationship. Do not disregard or delay seeking professional advice because of anything you have read or received through the Services. Always consult a qualified professional about your individual situation. If you are in crisis or you believe you may be experiencing a medical or psychological emergency, contact your local emergency services or a crisis helpline immediately. You are responsible for any decisions you make based on the Services and for your own health and well-being.
7. No guarantee of results
We do not promise or guarantee any particular outcome, improvement or result from using the Services. Individual results depend on many factors that are personal to you and outside our control. Any examples, testimonials or descriptions of outcomes are illustrative only and are not a guarantee of your results.
8. Fees, payment & taxes
General access to the Website is free. Certain Services (such as the QWI Assessment or the Reset Plan) require payment of a fee, which is stated before you complete your purchase. Unless stated otherwise, all fees are quoted in Swiss francs (CHF) and are payable in advance. You are responsible for any applicable taxes, duties or payment-provider charges, except for taxes based on our net income. Fees may be updated for future purchases; any change does not affect a Service you have already paid for. Late payments may accrue default interest at the statutory rate permitted under Swiss law.
9. Cancellation & right of withdrawal
Where you have a statutory right to cancel or withdraw from a contract under the mandatory law of your country of residence (for example, the 14-day withdrawal right available to consumers in the EU/EEA for distance contracts), that right is unaffected by these Terms. You expressly agree that, where you request the Services to begin during any applicable withdrawal period, we may start performance immediately, and you acknowledge that your right of withdrawal may lapse once the Service has been fully performed. Except as required by mandatory law or as expressly stated at the point of sale, fees already paid are non-refundable once the relevant Service has been delivered. Any cancellation terms specific to a program will be set out at the point of sale.
10. Your content
You retain ownership of your User Content. You are responsible for the User Content you provide and confirm that you are entitled to provide it and that it does not infringe the rights of others or violate any law. You grant us a worldwide, non-exclusive, royalty-free licence to use, store and process your User Content to the extent necessary to provide and operate the Services, to communicate with you and to comply with our legal obligations. We do not sell your User Content. Our handling of personal data is described in our Privacy Policy. Please do not submit sensitive information that is not required for the Services.
11. Acceptable use
You agree to use the Website and the Services only for lawful purposes and not to: (a) use them in breach of any applicable law; (b) access, interfere with or disrupt the Website, its security or its infrastructure, or place an undue burden on it; (c) attempt to gain unauthorised access to any system or account; (d) reverse engineer, copy, scrape or create derivative works from the Services or Content except as permitted by mandatory law; (e) resell, sublicense or make the Services available to third parties without our consent; or (f) remove or alter any proprietary notices.
12. Intellectual property
The Website, the Services and all related Content, software, design, text, graphics and trademarks (excluding your User Content) are owned by or licensed to GULL DIAGNOSTICS and are protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable right to access and use the Website and the Services for your own personal use in accordance with these Terms. No other rights are granted.
13. Third-party links & services
The Website may link to or rely on third-party websites or services that we do not control. We are not responsible for their content, availability or practices, and your use of them is at your own risk and subject to their own terms.
14. Communications
By providing your email address or other contact details, you agree that we may contact you in connection with the Services, including to deliver your results and service-related messages. We will send marketing communications only where permitted by law, and you can opt out of marketing at any time using the unsubscribe link or by contacting [email protected]. Service-related messages necessary to provide the Services may still be sent.
15. Privacy & data protection
We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details of how we collect, use and protect your data, and the rights you have, are set out in our Privacy Policy, which forms part of these Terms.
16. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Website and the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied. We do not warrant that the Website or Services will be uninterrupted, error-free, secure or free of harmful components, or that any Content is accurate or complete. This section does not exclude any warranty or right that cannot be excluded under mandatory law.
17. Limitation of liability
To the extent permitted by applicable law, GULL DIAGNOSTICS is liable only for damage caused by its intent or gross negligence. Liability for slight negligence is excluded, except for damage resulting from a breach of an essential contractual obligation, in which case our liability is limited to the foreseeable damage typical for this type of contract. We are not liable for indirect or consequential damage, lost profits or loss of data, to the extent permitted by law.
18. Indemnification
To the extent permitted by applicable law, you agree to hold us harmless from third-party claims, losses and reasonable costs arising from your unlawful use of the Services, your breach of these Terms, or your User Content. This does not apply to a Consumer except to the extent the claim results from the Consumer’s intentional or grossly negligent conduct.
19. Term, suspension & termination
These Terms apply for as long as you use the Website or the Services. We may suspend or terminate your access, with or without notice, if you breach these Terms or applicable law, or where reasonably necessary to protect the Services, other users or third parties. You may stop using the Services at any time. Provisions that by their nature should survive termination (including sections 6, 7, 10, 12, 16–18 and 22–25) will continue to apply.
20. Force majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of nature, war, terrorism, civil unrest, strikes, epidemics or pandemics, governmental measures, failures of utilities, telecommunications or hosting providers, or other comparable events.
21. Changes to these Terms
We may amend these Terms from time to time, for example to reflect changes in our Services or in the law. The current version is always available on the Website with its “last updated” date. For material changes affecting an ongoing paid Service, we will give you reasonable advance notice. Your continued use of the Website or Services after the changes take effect constitutes acceptance of the amended Terms; where required by law, we will obtain your consent.
22. General provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid provision that comes closest to its intended purpose. Our failure to enforce any right is not a waiver of it. You may not assign your rights or obligations under these Terms without our prior written consent; we may assign these Terms to a successor in connection with a reorganisation or transfer of our business. These Terms, together with the Privacy Policy and any program-specific agreement, constitute the entire agreement between you and us regarding the Services.
23. Governing law
These Terms and any dispute or claim arising out of or in connection with them or the Services are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Where you are a Consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence (see section 25).
24. Dispute resolution & jurisdiction
We would like to resolve any concern amicably — please contact us first at [email protected] so we can try to find a solution. If a dispute cannot be resolved, the ordinary courts at the registered seat of GULL DIAGNOSTICS in Trüllikon (Canton of Zürich, Switzerland) have exclusive jurisdiction, subject to any mandatory place of jurisdiction provided by law. If you are a Consumer, mandatory law may allow you to bring proceedings, or require proceedings to be brought against you, at the courts of your place of residence; those mandatory rules are unaffected. Consumers resident in the EU may also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
25. Mandatory consumer rights
Nothing in these Terms excludes, restricts or limits any right that you have under mandatory consumer-protection or other mandatory law that cannot be waived by agreement. Where any provision of these Terms conflicts with such mandatory law, that mandatory law prevails and the remainder of these Terms continues to apply.
26. Contact
For any questions about these Terms or the Services, or to send any notice, please contact:
GULL DIAGNOSTICS
Sperdiklerstrasse 6, 8466 Trüllikon, Switzerland · UID: CHE-198.656.704
Email: [email protected]