Bio Harvest – Terms of Use

Last Revised: October 31, 2017

Bio Harvest Ltd. and any of its affiliates (“Bio Harvest”, “we”, “our”, or the “Company”) welcomes you (the “User(s)”, or “you”) to use our website www.vinia.com (the “Site”). Users may use the Site in accordance with the terms and conditions hereunder.

Acceptance of the Terms

Please read carefully: By entering to, and/or by using the Site, and specifically by registering and/or by opening an Account, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: https://vinia.com/privacy/ (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge 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, USE OR ACCESS THE SITE.

The Site

Bio Harvest is the owner, developer and provider of VINIA, which is a novel food product made from red grape powder (hereinafter the “Product(s)”)

The Products may be purchased via the Site as described in the Terms hereunder.

In addition, in the Site you may find comprehensive information about the Company’s Products and technology and other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and more (collectively, the “Content”)). In addition, Users can sign up through the Site for our mailing list in order to receive updates about the Company’s developments etc.

Registration and User Account

Some of the features of the Site are only available to registered Users who have created a personal account (“Account”). For more information regarding the types of personal information collected by the Company during the registration process please read our Privacy Policy available on the following address: https://vinia.com/privacy/ When opening the Account you will be asked to provide accurate and complete information in order to create the Account, including an accurate E-mail address. You are fully and exclusively responsible not to disclose your password, user name and Account and to any activity under your Account. If you wish to change your password, recover password, change the user name in your Account and/or delete your Account, you can contact us at: contact@vinia.com The modification or deletion of your Account will take place within a reasonable time following your request, and from such deletion you will no longer be able to access your Account.

Acquisition of the Products

The Site allows the acquisition of the Products. In order to place an order for the Products, you will first need to choose the purchase option in the Site, which will be followed by a “Product page” that displays information on the Product, including without limitation the sale price (the “Product Page”). Please note, Bio Harvest may u pdate the Product Page from time to time, add or subtract information and update or change the price of the Product. It is clarified that the pictures on the Site are for illustration purposes only. Prices shown on the site include VAT in accordance with applicable law, unless explicitly stated otherwise. In order to purchase the Product on the Site, the User asking to purchase the Product (the “Purchaser”) will be asked to enter certain information such as his name, address, email address, and payment method (credit card or PayPal account).

Please make sure to deliver accurate and correct information, since otherwise we cannot guarantee the completion of the booking. Providing false information is a criminal offense and who does so may be subject to criminal and /or civil legal proceedings. Bio Harvest has the right to receive full indemnity from Purchasers who provide false information, and/or may take legal action accordingly, including claims for damages.

At the time of booking, a verification of the payment methods will be conducted and with the receipt of confirmation from the credit card company or PayPal, the Purchaser will receive a notice that the reservation has been confirmed. It is hereby clarified that the charge will be implemented immediately after the booking. Please note that the clearing company and PayPal are not responsible for the transaction between Bio Harvest and the Purchaser.

Completion of the transaction is contingent on the available stock of the Products at the time of completion of the booking. In the event that the Product is out of stock and/or there is a problem with its supply, for any reason, Bio Harvest may inform the Purchaser of the cancellation of the order. Notice shall be given to the Purchaser via e-mail. In such case, the Purchaser won’t have any claim against Bio Harvest and by booking the Product, the Purchaser waives any such claim. Bio Harvest reserves the right to limit the number of Products per order.

The Purchaser will receive the Products through a direct shipment, which involves extra fees (the “Shipment Fee”) delivered directly to the Purchaser’s home, and/or any other destination of his choice. Bio Harvest is not responsible for any act and/or omission of the delivery company, including failure to deliver on time, and in that case Bio Harvest will make best efforts to provide an alternative product as soon as possible.

Cancellation / Sale and / or Failure of Charge

Return of products shall be within 30-days from receiving the Products, and only for un-used un-opened Product (in its original package). Unless otherwise explicitly stated herein, cancellation and/or return of Products shall be in accordance with the provisions of the applicable consumer protection legislation and regulation. The transaction price refund in case of cancellation and/or return will be effected in the same manner of payment and in accordance with the law.

Cancellation and/or return of an order shall take place in writing via e-mail message to Bio Harvest’s e-mail address: support@vinia.com

Bio Harvest may cancel a transaction and/or an acquisition in all or in part: in case that an error occurred in the proposal, whether in the price of the Product or whether in the description of the Product; in case of force majeure, acts of war, terrorism or hostilities which prevent the continuation of the sale, implementation or participation in the sale properly; if it discovers that the transaction was part of an illegal activity of the Purchasers and / or any of any of them and / or any third party; if it discovers that the Purchasers may return and sell their Product to a third party and / or trade it. Notice of cancellation of the sale shall be delivered to the Purchaser by email and / or in writing to the address that the Purchaser specified at the time of the purchase.

Use Restrictions

There are certain conducts which are strictly prohibited in our Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Bio Harvest’s sole discretion) in the termination of your access to the Site and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content of our Site, in any way or publicly display, perform, or distribute them; (b) make any use of the Content on the Site for any purpose, or replicate and/or copy the Content without Bio Harvest’s prior written consent; (c) create a browser or border environment around the Content (no frames or inline linking); (d) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of our Site without their express consent, including using any “robot”, “spider”, site search app or of any part thereof, including Bio Harvest’s data bases, or retrieval application or parts thereof, including data index, or other manual or automatic device or process to retrieve, index, or data-mine; (e) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (f) transmit or otherwise make available in connection with the Site 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; (g) interfere with or disrupt the operation of the Site, or the servers or networks that host the Site, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (h) sell, license, make non-personal use, or exploit for any commercial purposes any use of or access to the Content of the Site without the explicit consent of the Company, including the use of any Content therein; (i) frame or mirror any part of the Site without Bio Harvest’s prior express written authorization; (j) create a database by systematically downloading and storing all or any of the Content from the Site; (k) forward any data generated from the Site without the prior written consent of Bio Harvest; (l) to transfer and/or assign the User’s Account’s password, even temporary, for third party; or (m) use the Site for any illegal, immoral or unauthorized purpose.

Privacy Policy

Bio Harvest respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices and our procedures regarding the information Bio Harvest collects and uses when you use the Site. Bio Harvest’s privacy policy, and practices and the type of information collected are described in our Privacy Policy, available here: https://vinia.com/privacy/ .

Intellectual Property Rights

The Company is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable license, which cannot be used in order to issue sub-licenses and that can be cancelled completely, to use the Site, subject to the terms and conditions in this agreement. These terms and condition do not entitle you with any right in the Site or in connection thereto, rather than a limited right to use it according to the Terms. Bio Harvest’s marks and logo and all other proprietary identifiers used by Bio Harvest in connection with the Site (the “Bio Harvest Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. All other trademarks, trade names, identifying marks and logos might appear in the Site belongs to their right owners (“Third Party Trademarks”). No right, license, or interest to Bio Harvest Trademarks or Third Party Trademarks is granted hereunder, and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms. The Site, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered or not (collectively, “Intellectual Property“), are owned and/or licensed to Bio Harvest and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Bio Harvest’s proprietary rights, including Bio Harvest’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

You are hereby prohibited from removing, separating, deleting disconnecting from the Content any and all copyright notices, restrictions and signs indicating proprietary rights of Bio Harvest or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included in the Site, and you represent and warrant that you will abide by all applicable laws in this respect.

Availability

Our Site’s availability and functionality depends on various factors, including third party services, such as communication networks. Bio Harvest does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

Changes to our Site

Bio Harvest reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. You agree that Bio Harvest shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the Content included in our Site.

Disclaimer and Warranties

BIO HARVEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, EXPLICITLY NOR IMPLICITLY, INCLUDING SERVICES PROVIDED BY THIRD PARTIES OR THE RESULTS OF THE USE OF THE SITE AND/OR THE PRODUCTS. BIO HARVEST SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SITE.

THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. BIO HARVEST DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON THE SITE. THE USE OF THE SITE, THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND BIO HARVEST SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

BIO HARVEST DOES NOT WARRANT THAT THE OPERATION OF THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

Limitation of Liability

IN NO EVENT SHALL BIO HARVEST, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF BIO HARVEST TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF BIO HARVEST BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER BIO HARVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless Bio Harvest from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of the Site; (b) your violation of any term of these Terms; (c) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site (including your violation of any third party rights); and (d) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Site.

Amendments to the Terms

Bio Harvest may change the Terms from time to time, at its sole discretion and without any notice, and therefore requests all its Users to re-visit this page often. We will notify you regarding substantial changes of these Terms by changing the link to the Terms in the Site and/or by sending you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on the Site 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 Site the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

Termination of our Site’s operation

At any time, Bio Harvest may block your access to our Site and/or temporarily or permanently limit your access to our Site, at its sole discretion, in addition to any other remedies that may be available to Bio Harvest under any applicable law. Such actions by Bio Harvest may be taken if Bio Harvest deems that you have breached any of these Terms in any manner.

Additionally, Bio Harvest may at any times, at its sole discretion, cease the operation of our Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Bio Harvest does not assume any responsibility with respect to, or in connection with the termination of our Site operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.

Minors

To enjoy our Site you must be over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using our Site. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using our Site, we will prohibit and block such User from accessing our Site and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with regard to such User).

Links to Third Party Sites

Our Site may contain links to non- Bio Harvest websites or resources (“Third Party Sites”), whether or not provided by Bio Harvest. Those linked sites are provided solely as a convenience to you. You hereby acknowledge that these linked sites are not under the control of Bio Harvest and it is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. You further acknowledge and agree that Bio Harvest 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 of or reliance on any such content, goods or services available on or through any such linked sites or resource. Most Third Party Sites contain of legal documents regarding terms of use privacy policy, and we encourage you to carefully read such documents before using those sites.

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 Site or use of the Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. 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. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Bio Harvest relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Bio Harvest. Notices to you may be made via email or regular mail. Bio Harvest may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. 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.

For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send Bio Harvest an email to: contact@vinia.com , and Bio Harvest will make an effort to reply within a reasonable timeframe. By contacting the Company you warrant and agree that you are free to do so, and that you do not provide Bio Harvest with information which violate any third party intellectual rights (the “Information”). Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by the Company and will be considered as Bio Harvest’s confidential material. It is clarified that any use of the Information, will be done in the sole discretion of the Company, and the Company is not obligated to use all or part of this Information.

You are not obliged to be a registered user in order to visit the Site. However, if you wish to contact us via the Site, you will need to fill and complete the Contact Us form. The Contact Us form requires your email address, and the rest of the information is optional. Moreover, you can contact us via the Contact Us button in the Application.