SAFETY, ALLERGEN, HEALTH & REGULATORY DISCLAIMER

Effective Date: 20 August 2020
Applicable to: Domestic & International Customers, B2B, B2C, Private Label, Contract Manufacturing, Third-Party Manufacturing & Repacking

This Safety, Allergen, Health & Regulatory Disclaimer applies to products and services offered by LyonsBarry® / Ballia Corpus, including dietary supplements, nutraceuticals, herbal products, food products, ingredients, personal-care products and other products supplied through our business.

1. General Disclaimer

Products supplied by LyonsBarry® are not intended to diagnose, treat, cure or prevent any disease unless expressly authorized and legally permitted for the applicable market.

Product descriptions, ingredient information, suggested uses and other information provided on our website, quotation, catalogue or product documentation are for general informational purposes and should not be considered medical advice.

Individual results may vary.

2. Consult a Qualified Professional

Customers should consult a qualified physician, pharmacist, dietitian or other appropriate healthcare professional before using any product where they:

• Have a medical condition

• Take prescription or other medication

• Are pregnant or breastfeeding

• Are planning surgery

• Have known allergies or sensitivities

• Have dietary or medical restrictions

• Are purchasing a product for a child or elderly person

• Have any concern regarding suitability or interaction

Customers should not discontinue prescribed medication or medical treatment because of information provided by LyonsBarry®.

3. Ingredient & Allergen Responsibility

Customers must carefully review the product label, ingredient list, allergen declaration and applicable product documentation before use.

Products may contain, or may be manufactured or packed in facilities that handle, ingredients that may cause allergic or sensitivity reactions.

Depending on the product and manufacturing facility, potential allergens may include ingredients derived from:

• Milk

• Soy

• Wheat or gluten-containing cereals

• Eggs

• Fish

• Crustaceans or shellfish

• Tree nuts

• Peanuts

• Sesame

• Other ingredients identified on the applicable product label or specification

The actual allergen declaration for a particular product is determined by its final formulation, manufacturing process, packaging and applicable regulatory requirements.

Customers must not rely solely on general website information when an allergy or serious sensitivity is involved.

4. Special Dietary Requirements

Customers with allergies, intolerances or specific dietary requirements should verify the complete ingredient and allergen information before purchasing or consuming a product.

Terms such as vegetarian, vegan, gluten-free, sugar-free, lactose-free, halal, kosher, non-GMO or similar claims should only be relied upon where such status is expressly stated in the applicable product documentation or final approved label.

5. Pregnancy, Breastfeeding & Medical Conditions

Certain ingredients may not be suitable for pregnant or breastfeeding individuals or persons with specific medical conditions.

Customers should obtain appropriate professional advice before using products in these circumstances.

The absence of a warning on a website page does not mean that a product is suitable for every person.

6. Children & Age Restrictions

Unless expressly identified and legally marketed for children, products should not be given to minors without appropriate professional advice and parental/guardian supervision.

Customers are responsible for complying with applicable age restrictions and product-use requirements in their country.

7. Dosage & Directions

Customers must follow the dosage, serving size, directions for use, storage instructions and warnings stated on the final approved product label or accompanying documentation.

Customers should not exceed the recommended serving or dosage unless specifically instructed by a qualified healthcare professional.

More is not necessarily better.

8. Product Variations

Natural ingredients, herbs, extracts and agricultural materials may exhibit reasonable variations in colour, taste, aroma, texture, potency or appearance between batches.

Such variations do not automatically indicate that a product is defective.

Specifications, tolerances and testing requirements for B2B, private-label and contract-manufactured products will be governed by the applicable quotation, specification, certificate or written manufacturing agreement.

9. Storage & Handling

Customers are responsible for following the storage and handling instructions stated on the final product label or applicable product documentation.

Improper exposure to heat, moisture, sunlight, contamination, freezing, humidity or unsuitable storage conditions may affect product quality or stability.

Once a product has been delivered, LyonsBarry cannot control the customer’s storage, transportation, handling or subsequent distribution conditions.

10. Tampering & Packaging

Customers should not use a product if the seal, tamper-evident packaging or container appears damaged, broken, leaking, contaminated or otherwise compromised.

Customers should contact LyonsBarry promptly if a serious packaging or product-integrity concern is identified.

For damaged or incorrect deliveries, the applicable Return, Refund & Cancellation Policy must be followed.

11. Product Claims & Marketing

Customers, distributors, resellers and private-label clients are responsible for ensuring that their advertising, websites, social-media content, product listings, promotional materials and other marketing claims comply with applicable law.

No customer may represent a product as diagnosing, treating, curing or preventing a disease unless such representation is legally authorized for the relevant product and market.

LyonsBarry does not authorize customers to create unapproved medical, therapeutic or disease-treatment claims.

12. Private Label & Contract Manufacturing

For private-label, contract manufacturing, third-party manufacturing and repacking orders, the customer is responsible for the legality and accuracy of customer-supplied:

• Formulations

• Ingredient specifications

• Labels

• Claims

• Trademarks

• Artwork

• Directions

• Warnings

• Marketing statements

• Regulatory information

Where the customer provides a formulation or label, the customer must ensure that it is legally permitted for the intended market.

Any regulatory review performed by LyonsBarry is limited to the scope expressly agreed in writing and does not constitute legal or governmental approval.

13. Regulatory Compliance — Domestic & Export

Product regulations differ between countries and jurisdictions.

A product that may legally be manufactured, sold or supplied in one country may be subject to different requirements, restrictions, registration, notification, licensing, labelling, dosage, claims or import requirements in another country.

For international orders, the customer/importer is responsible for verifying destination-country requirements and obtaining any required permits, licences, registrations or approvals.

LyonsBarry does not guarantee that a product will be approved, registered, cleared or permitted for sale or importation in every destination country unless expressly agreed in writing.

14. Customs & Regulatory Authorities

Customs, health authorities, regulatory agencies and other government bodies may inspect, hold, restrict, reject or otherwise act upon shipments.

Such decisions are outside LyonsBarry’s direct control.

Customs or regulatory detention, delay, rejection or additional documentation requirements do not automatically constitute a product defect or create an automatic right to refund.

The applicable Shipping & Delivery Policy and Return, Refund & Cancellation Policy govern such situations.

15. Prescription, OTC & Restricted Products

Where a product is subject to prescription, professional-use, controlled, restricted or other regulatory requirements in the destination country, the customer is responsible for complying with those requirements.

Customers must not purchase, import, distribute or use regulated products contrary to applicable law.

LyonsBarry does not authorize unlawful importation, resale, distribution or use of any product.

16. Food, Supplement & Nutraceutical Products

Dietary supplements, nutraceuticals, herbal products and similar products are not substitutes for a balanced diet or appropriate medical care.

No product should be represented as guaranteeing a specific health outcome.

Statements regarding nutritional, physiological or general wellness benefits must be interpreted according to the applicable product label and the laws of the relevant market.

17. Personal Care & Cosmetic Products

Cosmetic and personal-care products should be used only as directed on the applicable label.

Customers should perform any appropriate sensitivity or patch testing where recommended.

Avoid contact with eyes, broken skin or other areas where the product label advises against use.

Stop using a product and seek appropriate professional advice if a serious or unexpected reaction occurs.

18. Adverse Reaction or Safety Concern

If a customer experiences a serious, unexpected or potentially dangerous reaction, they should stop using the product and seek appropriate medical assistance.

Customers should also contact LyonsBarry with relevant product information, including:

• Product name

• Batch/lot number

• Date of purchase

• Date of use

• Description of the event

• Relevant photographs or documentation, where appropriate

This information may be used for product-quality investigation and safety monitoring.

19. Certificates & Product Documentation

Where applicable, LyonsBarry may provide documents such as specifications, certificates of analysis, laboratory reports, declarations or other product documentation.

Such documents apply only to the product, batch, specification and testing scope stated in the document.

A certificate or laboratory report does not automatically constitute governmental approval, product registration or authorization to market the product in every country.

20. B2B Customer & Importer Responsibility

B2B customers, distributors, importers, private-label owners and resellers are responsible for determining whether the product, formulation, label and intended claims comply with the laws applicable to their business and market.

Where the customer becomes the brand owner or importer of record, the customer may have additional legal and regulatory responsibilities.

Customers should obtain independent legal or regulatory advice where required.

21. No Guarantee of Individual Results

Product performance and individual results may vary according to factors including age, diet, lifestyle, health status, genetics, product use, dosage, compliance and other individual circumstances.

LyonsBarry does not guarantee a particular result, outcome or health benefit unless expressly stated in a legally applicable written agreement.

22. Third-Party Information

Information supplied by manufacturers, laboratories, raw-material suppliers, regulatory databases or other third parties may be incorporated into product documentation where appropriate.

LyonsBarry may rely on information supplied by such parties but does not represent that third-party information constitutes universal regulatory approval for every country.

23. Fraudulent or Misleading Safety Claims

Customers must not knowingly make false, misleading or unsupported safety, medical, therapeutic, nutritional or regulatory claims concerning products supplied by LyonsBarry.

Where permitted by law, LyonsBarry may suspend supply or take other appropriate action where a customer uses products in a manner that creates material regulatory, safety, reputational or legal risk.

24. Limitation of Disclaimer

This disclaimer does not exclude responsibility for matters that cannot legally be excluded under applicable law.

Nothing in this document is intended to remove, restrict or waive any mandatory consumer protection, product-safety right, statutory warranty or legal remedy that cannot lawfully be excluded.

25. Acceptance

By purchasing, importing, distributing, reselling, manufacturing, repacking, relabelling or using a product supplied by LyonsBarry®, the customer acknowledges responsibility for reviewing the applicable product information, warnings, ingredients, storage requirements and regulatory requirements relevant to their intended use and market.

LyonsBarry® / Ballia Corpus reserves the right to update this Disclaimer when reasonably necessary to reflect changes in products, manufacturing processes, applicable regulations or business practices.

LyonsBarry® / Ballia Corpus
India