Terms of Use

Last Revised: May 6, 2021

Bio Harvest Inc. (“Bio Harvest”, “our”, “we” or “us”) provides its customers and potential customers (“Customer”, “you”, “your”) with access to its website located at VINIA.com (the “Website”), through which we provide personally tailored information and offers to purchase our products and services including our VINIA® products (“VINIA”) and associated services (collectively, the “Services”).

1. Acceptance of the Terms

By entering to, connecting to, accessing, or using the Services, you acknowledge that you have read and understood the following Terms of Use (the “Terms of Use”), including our Privacy Policy (the “Privacy Policy”, collectively with these Terms of Use, the "Terms") and you agree to be bound by them and to comply applicable laws and regulations regarding your use of the Services and you agree that these Terms constitute a binding and enforceable legal contract between Bio Harvest and you.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE WEBSITE AND/OR USE THE SERVICES IN ANY MANNER.

2. VINIA Account

In order to place your order, you first must register and open a customer account through the Website (the “VINIA Account”). To complete your registration, we will require certain information which will include your name, e-mail, Address, phone number, date of birth and password.

You are responsible for maintaining the confidentiality of the login credentials (e-mail and password) of your VINIA Account and for all activities that occur under your VINIA Account. You agree not to disclose your login credentials to any third party, and you are responsible for any use or misuse performed through your VINIA Account (including by any third party if you do choose to disclose these credentials). We reserve the right to temporarily suspend or permanently terminate your VINIA Account if we determine that you or anyone using your VINIA Account violates these Terms.

If you wish to modify your VINIA Account information, or if you wish to terminate your VINIA Account, you may do so by contacting our support available at hello@VINIA.com. Your VINIA Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your VINIA Account and the permissions, rights and licenses granted to you under these Terms shall terminate.

3. VINIA Subscription

We offer different subscription plans for VINIA through the Website or by telephone (each, a “Subscription Program”). The fees for each Subscription Program can be found on our Website and may be subject to change in the future. When you register for and purchase a Subscription Program, you expressly acknowledge and agree that (i) Bio Harvest (or Third Party Payment Processors on its behalf) is authorized to automatically charge you on a recurring basis for your Subscription Program (in addition to any applicable taxes and other charges) for as long as your Subscription Program continues, and (ii) your Subscription Program is continuous until you cancel it or we suspend or stop providing the Services in accordance with these Terms.

IF YOU ARE A MEMBER OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT 1-888-882-2023 OR BY EMAILING HELLO@VINIA.COM AT LEAST TWENTY FOUR (24) HOURS PRIOR TO THE END OF YOUR CURRENT SUBSCRIPTION PERIOD (SPECIFIC DAY AND TIME). YOU MAY ALSO CANCEL YOUR SUBSCRIPTION DIRECTLY IN YOUR VINIA ACCOUNT.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at 1-888-882-2023 or by emailing hello@VINIA.COM. You may also update your billing information directly in your VINIA Account . If you fail to timely update your credit card information, your membership in our automatic renewal program may be terminated and your account may be sent for collection.

4. Our Privacy Policy

We respect the privacy of our Customers and we are committed to protecting the personal information you share with us or that we collect in connection with your use of the Services. Our policy and practices and the type of information collected are described in our published Privacy Policy. If you intend to connect to, access or use the Services you must first read and agree to the Privacy Policy.

5. Third Party Payment Services

We may offer you to execute your purchases via PayPal and other third party payment service providers that we may make available for you to use via our Website (collectively, “Third Party Payment Processors”). If you choose to proceed with a purchase via Third Party Payment Processors then you: (1) agree to review and be bound by Third Party Payment Processors’ terms of use and privacy policy; and (2) you acknowledge that you may need to hold, or register, an active account for the Third Party Payment Processors in order to complete a VINIA purchase. We are not responsible or liable for any activities or conduct of Third Party Payment Processors, and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any products that are offered for sale and purchased via the Website.

6. Shipment and Delivery

When you place your order, you must choose shipping and delivery options. Standard shipping can take up to approximately 5 (five) business days from the date of shipment. If you would like to receive your VINIA package faster, you can choose to upgrade to our offered express shipping options. Once the package is shipped from our facility, it is no longer the responsibility of Bio Harvest but the responsibility of the carrier.

Bio Harvest shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.

It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and may increase the costs of the purchased VINIA package. We will not refund or exchange VINIA packages that were shipped to an inaccurate address as a result of missing details. Shipping claims should be addressed within 30 days from the date of the shipping.

7. Returns

We are confident that you will be satisfied with our amazing line of VINIA products. However, if you are not completely satisfied with your VINIA products, you may simply return any unused VINIA within 90 days of purchase and we will refund the purchase price as stated in a valid receipt (such refund does not include shipping charges). Please note that our 90-day Product guarantee only applies to the Customer’s first purchase of products, and the products must be purchased directly from VINIA.com.

If your refund request is outside of the 90-day guarantee, we are unable to issue a refund or offer credit. Additionally, if you cancel your subscription and reactivate that same subscription at a later date, you are no longer eligible for a refund.

Return shipping is the responsibility of the customer. In the event that Products are returned, it shall be returned in their original packaging. To organize a return, please contact us at HELLO@VINIA.com or call 1 -888-88-22023.

Refunds will be effected via the same method of payment used to order VINIA (i.e. credit card, debit card or Third Party Payment Processors). Please allow up to 30 days from when we receive the returned VINIA package(with respect to cancellations made before the product was shipped, 30 days from when the cancellation request was submitted), for the credit to appear in your account. Keep in mind that some refunds may take over 30 days from the purchase date to be processed.

8. Prices and Discounts

The prices of VINIA are shown in US dollars, and are displayed exclusive of local tax but do include local and Canadian handling and shipping costs. We reserve the right to change, at any time and without notice, the prices of VINIA offered for sale on the Website. VINIA products are invoiced based on the prices shown on the Website at the time when you make your order, subject to availability of the Products ordered at that time.

We aim to keep VINIA as affordable as possible and often distribute coupons and coupon codes through various channels for that purpose. Please be aware that you are not permitted to combine coupons and coupon codes nor add them retroactively to your order. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website or through other collaborations with third parties may be governed by rules that are separate from these Terms. Unless otherwise stated in such Promotions’ rules, we reserve the right to terminate and change the terms of any such Promotions at any given time without prior written notice. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

9. Limited License to Use the Services

Bio Harvest is granting you a limited, personal, not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at our discretion, license, to access and use the Services and to view and\or purchase the Bio Harvest products, provided that: (i) such activity is solely for your personal use, and you may not purchase any item from this Website for resale by you or any other person, (ii) you do not modify or prepare derivative works from the Website or any part thereof, (iii) you do not, not permit others to obscure, alter or remove any notice of copyright set forth on Website, (iv) you use the Services in accordance with these Terms. No other rights in the Services and/or Website are granted.

You hereby agree that upon Bio Harvest’s request you will immediately return and purge from your systems all materials and copies of the same, collected, created, or used in breach of these Terms.

10. Additional Restrictions on your Use of the Services

There is certain conduct which is strictly prohibited while using the Services and the Website. You may not, whether by yourself or anyone on your behalf: (i) copy, replicate, scrape, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on, or made available through the Services and any other information, documents, material and data made available on or made through the Services (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without Bio Harvest’s prior written consent; (ii) use of the Content on any other website or networked computer environment for any purpose without Bio Harvest’s prior written consent; (iii) except under specific agreement with Bio Harvest, create a browser or border environment around the Services Content, link, including in-line linking, to elements on the Services or which are made available through the Services; (iv) transmit, distribute, display or otherwise make available through or in connection with the Services any content, which may infringe third party rights, including intellectual property and privacy rights, or which may contain any unlawful content ; (v) transmit or otherwise make available in connection with the Services or use them to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Services or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) use the Services and/or VINIA for any illegal, immoral or unauthorized purpose.

11. Feedback

It is our desire and pleasure to hear from our customers and we welcome your comments regarding our VINIA products and Website. We request that you be specific in your comments on our Services and VINIA products. If you send us comments, suggestions, ideas, materials, notes, or any other information (to which we refer collectively as “Feedback”), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without any compensation, including the right to publish on the Website or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained therein.

12. Intellectual Property Rights

“Bio Harvest Intellectual Property” means proprietary and intellectual property rights in and to the Services, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, the VINIA products and related materials, Bio Harvest’s trademarks, trade names, copyrightable materials, designs, “look and feel,” all whether or not registered and/or capable of being registered, and any and all Feedback.

Bio Harvest’s Intellectual Property is owned and/or licensed to Bio Harvest or its affiliates or licensors and is subject to copyright and other applicable intellectual property rights under Federal and state United States law, foreign laws and international conventions.

“Bio Harvest”, “VINIA”, and all logos and other proprietary identifiers used by Bio Harvest in connection with the Services (“Bio Harvest Trademarks”) are all trademarks and/or trade names of Bio Harvest, whether or not registered. All other trademarks, Services marks, trade names and logos which may appear on or with respect to the Services (including on the VINIA products) belong to their respective owners (“Third Party Marks”). No right, license, or interest to Bio Harvest Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Bio Harvest Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein. You may not remove or delete copyright notices, restrictions and signs indicating proprietary rights of Bio Harvest and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, and you represent and warrant that you will abide by all applicable laws in this respect and will not use any name, mark or logo that is identical, or confusingly similar to any of the Bio Harvest Trademarks, whether registered or not.

13. Availability of the Website and VINIA Products

The Services availability and functionality depend on various factors, such as communication networks, software, hardware, and Bio Harvest’s service providers and contractors. Bio Harvest does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or will otherwise be error-free. Bio Harvest also reserves the right to select on which platforms it may offer its Services.

VINIA offers and related discounts (if any) shall remain valid for as long as they appear on our Website, subject to availability of stock. Should a VINIA product become unavailable after you make an order, we will provide you with such notice without undue delay by e-mail or by telephone, giving you the option of either ordering another VINIA product or cancelling your order. If you decide to cancel your order, you will be refunded immediately for any payments processed for such order.

14. Customer Eligibility

Our Website is not structured to attract children under the age of 18 years. If you are under 18 years please do not visit or use the Website. By agreeing to these Terms, you represent and warrant to us that you: (i) have not previously been suspended or removed from the Service; (ii) do not have more than one (1) account at any given time for the Website; and (iii) that your use of the Service is in compliance with any and all applicable laws and regulations.

15. Changes to The Services

Bio Harvest reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the VINIA products available through the Website may be changed, modified or removed at any time without any notice to you. You agree that Bio Harvest shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Services (or any part thereof).

16. Disclaimer of Warranties

BIO HARVEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE OR OPERATION OF THE SERVICES, INCLUDING THE USE OF VINIA (OR ANY PART THEREOF). THE SERVICES INCLUDING WITHOUT LIMITATION THE WEBSITE, VINIA AND ANY INFORMATION MADE AVAILABLE THEREHTROUGH OR RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. BIO HARVEST AND ITS AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “BIO HARVEST AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF VINIA OR OTHER INFORMATION AVAILABLE, OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY CUSTOMER’S USE OF THE SERVICES.

BIO HARVEST DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES AND/OR WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, MALWARE, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES AND/OR WEBSITE, INCLUDING USE OF AND/OR RELIANCE ON ANY VINIA PRODUCTS AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. TO THE FULLEST EXTENT OF APPLICABLE LAW, BIO HARVEST AND/OR BIO HARVEST AFFILIATES ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF INFORMATION OBTAINED THROUGH THE WEBSITE. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING TO CONSUME VINIA. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.

17. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BIO HARVEST AND/OR ANY OF THE BIO HARVEST AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES (INCLUDING THE VINIAPRODUCTS), FAILURE OF THE SERVICES TO PERFORM AS EXPECTED, LOSS OF GOODWILL, THE PERFORMANCE OR FAILURE OF BIO HARVEST TO PERFORM UNDER THESE TERMS OR THAT ARE RELATED TO THE PURCHASE OF GOODS OR SERVICES FROM OUR WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, AND ANY OTHER ACT OR OMISSION OF BIO HARVEST BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY CUSTOMERS AND/OR THIRD PARTIES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, BIO HARVEST IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, WEBSITE OR VINIA, BIO HARVEST’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN ANY CASE NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR BIO HARVEST’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF BIO HARVEST AND/OR ANY BIO HARVEST AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

18. Amendments to the Terms

Bio Harvest may change these Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of these Terms on the homepage of the Website and/or we will send you a notification regarding such changes to the e-mail address available under your VINIA Account. Such substantial changes will take effect seven (7) days after such notice was provided on our Website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

19. General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the use of the Services will be governed by and interpreted in accordance with the laws of the State of Delaware and the laws the United States of America applicable therein, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services will be brought in, and you hereby consent to the exclusive jurisdiction and venue of courts located in the state of Delaware. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Bio Harvest's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Contact Us

If you wish to receive more information on these Terms, please contact us using the details provided below:

Bio Harvest Inc.

Email: hellovinia@bioharvest.com