Thank you for choosing Bioenergy Plus (“Bioenergy Plus”, “we”, “us” or “our”) for your individual health and wellness needs. When you use our products and services you are agreeing to our terms, so please read these Terms and Conditions carefully as they contain important information regarding your legal rights and obligations. Certain capitalized words below are defined in Section 16 (Definitions).
We provide you with personalized bioenergetic health and wellness products and services, including the ability to manage your health and wellness using online-enabled technology, enhanced digital health tools and other services. You can access our products and services in-person in our clinic, or online through our Website or App. The products and services available to you may differ between clinic, Website, and App.
These Terms and Conditions (“Agreement”) will apply to all Order Forms, contracts concluded and the execution thereof, deliveries and services carried out by or on behalf of us, including any use of and access to products and services, Website, and App – (collectively, the “Services”). The Services may employ the use of Third-Party Offerings, but we are not responsible for them as expressed in this Agreement.
By accessing or using the Services, you are indicating that you have read this Agreement and agree to be bound by its terms, conditions, policies, and notices contained or referenced herein. If you do not agree with all the terms of this Agreement, you may not access or use any of the Services.
This Agreement is effective (“Effective Date”) on the earlier of (a) the date you accept this Agreement by clicking an “I Agree” button or otherwise indicate that you accept this Agreement (including through an Order Form), or (b) the date you first access or use the Services.
Fees and Payment
Intellectual Property Rights
Data Ownership and Use
Termination, Suspension, and Expiration
Warranties and Disclaimer
Limitations and Exclusions of Liability
1. General Terms.
1.1 Agreement. This Agreement is a binding legal agreement between you and us. You and we are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. This Agreement applies to any use of or access to the Services.
1.2 Age Requirement. You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into this Agreement and to abide by all its terms and conditions. For providing individuals under the age of eighteen (18) years with the Services, their parents or guardians will have to enter into this Agreement.
1.4 Changes to the Agreement. We may, in our sole discretion, make changes to this Agreement from time to time. Any changes we make will become effective when we post a modified version of the Agreement to our Website. If we make any material changes to the Agreement, we will also notify you within the Services or by sending you a notice. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Services, and you can terminate the Agreement as pursuant in Section 8. It is your obligation to ensure that you read, understand, and agree to the latest version of the Agreement that is posted on our Website. The legend at the top of the Agreement indicates when it was last changed.
1.5 Electronic Communications and Signatures. You agree and consent to the use of electronic Communications as defined herein, unless specifically expressed otherwise in this Agreement.
“Communications” means any communications permitted or required by us under this Agreement, including, without limitations, regarding:
All disclosures, information, notices, and other communications that are legally required to provide to you in writing, or choose to provide to you in discretion, in connection with your account and the Services (including Third-Party Offerings), and responses to claims.
Orders, fee schedules, records of payments and transactions initiated or completed through the Services, automated reminders, and any other information/document as part of our “client services” provided to you in the normal course of business.
All Communications we provide to you in electronic form will be either (1) by email, (2) by access to a web page we will designate in an email notice we send to you at the time the information is available, to the extent permissible by law, (3) by access to a web page we will generally designate in advance for such purpose, (4) by requesting you to download a PDF file containing the Communications, or (5) by accessing the App. For all Communications made by email, the date of transmission will be deemed the date on which such Communication is transmitted. You must provide a valid email address in order to receive Communications and documents electronically. You are responsible for keeping your email address we have on file for your account updated. We are not responsible for any lost or un-received emails or documents. You also acknowledge that you are aware that email is not a secure method of communication and that you agree to the risks.
You further agree that you possess a device satisfying the hardware and software requirements specified below, that you are able to receive and review electronic records in the manner we have described herein.
To receive, access, view, and retain Communications in electronic form, you will need:
A computer running a Windows or Macintosh operating system, or a mobile device running an Android or iOS operating system (e.g., tablet, mobile smartphone, etc.) that meets our system requirements.
A modern web browser that can support the Services, including such encryption as we may determine is necessary for ensuring the security of your account.
Access to the Internet.
Sufficient electronic data storage on your computer or mobile device or through another service to retain documents and install software as we may determine is necessary to access and use the Services, including the App on a mobile device.
An established email account and address and the ability to access attachments to emails.
A software program that gives you the ability to access and read documents in the Portable Document Format (PDF) format.
You are responsible for the installation, maintenance, and operation of your computer and mobile device and related equipment, and any installed software. We are not responsible for any errors or failures involving any telecommunication, data, or Internet services, software installation, or malfunctions of any kind of or to your computer or mobile device or related equipment.
You agree and consent to the use of a key pad, mouse, touchscreen, or other device to select an item, button, icon, or similar act/action constitutes your signature, acceptance, and agreement as if actually signed by you in writing, while using any electronic service we offer; or in accessing or making any transactions regarding any agreement, contract, acknowledgement, consent, terms, disclosures, or conditions. Further, you agree no certification authority or other third-party verification is necessary to the validity of your electronic signature; and the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or the resulting contract between you and us.
Any electronic document bearing your e-signature will be considered “in writing” and “wet-signed.”
Any document you e-signed shall be deemed to be an “original” document when printed and used in the normal course of business.
Absent manifest error, the admissibility, validity, or use of any e-signed electronic document cannot be contested.
Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
Please note that sometimes the law, or this Agreement, requires you to give us a written notice. You must still provide these notices to us on paper, as set forth in Section 15 (Contact Us), unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
2.1 Access. You give permission to us to make the Services available to you subject to the terms and conditions of this Agreement. You may withdraw this consent at any time by both terminating this Agreement (and your account) and no longer using the Services, as set forth in Section 8. In addition to our rights in accordance with Section 8, we reserve the right to suspend the Services (or any portion thereof) (a) during planned downtime (scheduled maintenance), (b) in connection with a Force Majeure event (as described in Section 14.7), or (c) if we believe any malicious software is being used in connection with your account.
2.2 Client Account. If you want to use certain features of the Services, you will have to create an account either in-person in our clinic, or online through our Website or App (as applicable). It is important that you provide us with accurate, complete, and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete, and up to date.
By creating an account for the Services, you agree and consent to subscribe to our newsletters, marketing, or promotional materials we may send. However, you may opt out of receiving them from us by following the unsubscribe link or instructions provided in such communication you receive, or, by contacting us (Section 15).
2.3 Changes. We reserve the right, in our sole discretion, at any time to modify or discontinue, temporarily or permanently, the Services (or any portion thereof) with or without notice. You agree and consent that we shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services, and we have no obligation to update or enhance the Services or to produce or release new versions of the Services.
2.5 “Remote-Health”. You understand that we may use technology that allows our practitioners to provide applicable and appropriate Services to you, including but not limited to, digital or automated tools for health and wellness related assessments, therapy, follow-up and/or education, when you do not visit our clinic in-person. Such encounters may include, but are not limited to, the following: electronic transmission of body-field scan results, therapy recommendations, remedy information, or any other of Your Data; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, and/or data communications, and you may be required, as instructed by us, to use including, without limitation, a computer with broadband internet access, a supported web browser, specific tools/devices connect to the computer, and software downloaded onto the computer. Further, you understand that it may not be possible to handle your particular health and wellness condition via Remote-Health, or that information transmitted through Remote-Health may not be sufficient or of too poor of quality, or provide insufficient information or data to allow us to provide the Services to you. Consequently, and to our sole discretion, you may be required to use and access the Services in-person in our clinic. If you cannot comply with these terms hereunder Section 2.5, you or we may, at any time, terminate this Agreement (and your account) and you may no longer seek Services from us, as set forth in Section 8.
2.6 Automated Tools. You understand that encounters with us either in-person, via Remote-Health, phone, email, Website, App or otherwise, could involve, and you hereby consent to the use of, automated tools for assessment, care, therapy, or communication pertaining your health and wellness matters. You also acknowledge that such encounters with us may be provided by our practitioners and other support personnel.
2.7 Biofeedback Device. You understand that encounters with us could involve, and you hereby consent to the use of, biofeedback devices (such as the Third-Party Offering from NES Health referred to as “miHealth”) for therapy pertaining your health and wellness matters. You also acknowledge that such encounters with us may be provided by our practitioners and other support personnel.
2.8 Bioenergetic Remedies. You understand that an essential element of our therapy pertaining to your health and wellness matters, could involve, and you hereby consent to the use of, bioenergetic remedies (such as the Third-Party Offering from NES Health referred to as “Infoceuticals”), which are not pharmacological, homeopathic, or herbal; therefore, they don’t have side effects, but are pure information, working energetically at the body’s sub-cellular level to help restore the body to its proper functioning. While generally considered a safe method of therapy, detoxification maybe the result of how much more effectively your body is functioning, which may cause, but is not limited to, the following symptoms:
Mild to moderate flu-like symptoms
Muscle and joint aches
Changes in bowel habits or in the color or odor of urine
Feelings of fatigue
Changes in sleep patterns
Skin breakouts, rashes
These natural detoxification symptoms are generally mild and should last only a few days. However, you acknowledge that in the event that these symptoms last longer or cause discomfort, you will contact your Bioenergy Plus practitioner. You further agree to take any precautions that are necessary for your situation and you will consult with an appropriate health care professional (e.g. primary care physician) to address any serious health concerns you may have.
2.10 Gift Vouchers/Certificates. Our gift vouchers/certificates (“Gift Vouchers”) are managed by us and can be applied only to purchases from a Bioenergy Plus clinic or the Bioenergy online store. Gift Vouchers are purchased online and can be redeemed online and at our clinic.
Gift Vouchers are not re-loadable and may not be redeemed (a) at any other non-Bioenergy Plus clinic/store or any other reseller; or (b) for cash (except as required by law). Bioenergy Plus is not responsible for any lost or stolen Gift Voucher or use without your permission. Keep them close; they are valuable and can be redeemed by whoever has the voucher's code.
Additional payment will be required if the purchase price of your item(s) exceeds the value of the Gift Voucher. Seems obvious, but we wanted to be sure you knew.
Gift Vouchers are also not for resale, and void where prohibited or restricted by law.
To check the available balance on a Gift Voucher, please contact us. You can also see the available voucher balance during the online checkout process, or in your order confirmation email.
2.11 Third-Party Offerings. Although the Services may allow you to access or use Third-Party Offerings (they may be integrated with or used in connection with the Services), they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to the Services hereunder. The availability of any Third-Party Offerings through the Services does not imply our endorsement of or affiliation with the provider. We do not control Third-Party Offerings and will have no liability to you in connection with any Third-Party Offerings. We have no obligation to monitor or maintain Third-Party Offerings, and may disable, discontinue, or restrict access to or use of any Third-Party Offerings at any time. By using or enabling any Third-Party Offering, you are expressly permitting us to disclose Your Data or other information to the extent necessary to utilize the Third-Party Offering. YOUR USE OF THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY OFFERINGS (SUCH AS TERMS AND CONDITIONS OR PRIVACY POLICIES OF SUCH THIRD-PARTY OFFERINGS). SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS OF THIRD-PARTY OFFERINGS MAY PROVIDE THEIR OWN WARRANTIES TO YOU – PLEASE CONTACT THEM FOR FURTHER INFORMATION.
3. Your Responsibilities.
3.1 Liability. You are responsible for all activity occurring under your account. You will ensure that you comply with all of the provisions of this Agreement and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any act or omission that does not comply with this Agreement will be deemed a breach of this Agreement by you.
3.2 Data; Unauthorized Access; Maintaining Networks. You will: (a) have sole responsibility for the accuracy and quality of Your Data and for ensuring that your collection and use of Your Data complies with applicable laws, including those related to data privacy and transmission of personal data; (b) prevent unauthorized access to, or use of, the Services, and notify us promptly of any unauthorized access or use or any other breach of security; and (c) have sole responsibility for obtaining, maintaining and paying for any hardware, software, telecommunications, data, Internet and other services needed to use the Services.
3.3 Restrictions on Use. You will not: (a) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (b) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (c) attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement; (d) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer or mobile device code, files, scripts agents or programs; (e) restrict or inhibit any other person or entity from using the Services; (f) remove any copyright, trademark or other proprietary rights notice from the Services; (g) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (h) systematically download and store Services content; or (i) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine”, or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services. Notwithstanding subsection (i) above, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of any Website, we grant to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these permissions at any time and without notice.
3.4 Username and Password. We may reject or require that you change your username or password of your account. Username and password may not be shared with any third-party. You, and not we, are responsible for any use or misuse of username or passwords associated with your account, and you are fully responsible for all activities that occur under your account. You will: (a) ensure that you exit from your account at the end of each session. If you do not, we might have to suspend or terminate your account. We will not be liable for any loss or damage arising from your failure to comply with this provision; and (b) use particular caution when accessing your account from a public or shared computer, or mobile device, so that others are not able to view or record your password or other personal information.
4. Fees and Payment.
4.1 Fees. Fees for the Services (“Fees”) are set forth at our clinic, Website, and App, as applicable, or as otherwise stated on an Order Form. All fees, unless stated otherwise, are in US Dollars.
Our Fees are not a covered benefit under most health care benefit plans. As a result, you acknowledge that you will not be able to submit these Fees for coverage under your benefit plan, and as such, you will be responsible for the cost of such Fees.
4.3 Order Cancellation. We, in our sole discretion, reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: the Services availability, errors in the description or price of the Services, errors in your Order Form, or otherwise, and if fraud, or an unauthorized, or illegal transaction is suspected.
4.4 Overdue Charges. Any amounts not received by the applicable due date may accrue late interest at 1.5% of the outstanding balance per month, or the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by us within thirty (30) days after the applicable due date will be deemed a material default under this Agreement, and we will be entitled to either suspend the Services or terminate the Agreement in accordance with Section 8.
4.5 Changes in Fees. We may, in our sole discretion, increase our Fees at any time, with or without notice to you. For Subscriptions, the increase will not become effective until the expiration of your then-current Subscription Term.
4.6 Payment Errors. If you believe a payment has been processed in error, you must provide written notice to us within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by us within such thirty (30) day period, the payment will be deemed final.
4.7 Taxes. Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If we are legally required to pay or collect any Taxes on your behalf, we will invoice you and you will pay the invoiced amount. For clarity, we will be solely responsible for taxes assessed on us and our income.
4.8 Shipping Cost. Fees do not include any shipping cost. You are responsible for paying all shipping cost associated with purchases and transactions under this Agreement. We will invoice you and you will pay the invoiced amount. Shipping costs are non-refundable.
4.9 Bitcoin. If you want to use Bitcoin (BTC) or Bitcoin Cash (BCH) for your purchases, there are a few things you should know. The term 'Bitcoin' herein refers to both Bitcoin (BTC) and Bitcoin Cash (BCH), unless stated otherwise.
4.9.1 Transactions. Bitcoin transactions are final. Once you send Bitcoin funds to our account, the transaction cannot be reversed. This is a core feature of Bitcoin currency.
All Bitcoin transactions are communicated in US Dollars (USD) and are being processed by our partner BitPay. The exchange rate is provided by BitPay at the time of purchase. This exchange rate is valid for up to the time window referenced in Section 4.9.3 (Invoice Generation and Exchange Rate Guarantee). If the payment is not completed during this time, the invoice is void and the order will be cancelled. Any payments sent to the expired Bitcoin address will show up in BitPay’s system as an orphan payment as referenced in Section 126.96.36.199 (Orphan Payment).
4.9.2 Fees. BitPay incurs certain fees to process a payment transaction.
When you send a Bitcoin payment for an invoice via BitPay, you are sending the amount necessary to cover the invoice price, plus the standard BitPay network cost for each invoice. This total amount is reflected in the Bitcoin price your wallet fetches from the invoice when you pay. It is also shown on the invoice's total Bitcoin price.
When you receive a refund via BitPay, you get the total invoice amount minus the BitPay network cost and the miner fee for returning the payment.
4.9.3 Invoice Generation and Exchange Rate Guarantee. To create an invoice for you, we post a request to BitPay to collect a specific amount in US Dollars. BitPay will pull the exchange rate and provide the Bitcoin payment instructions we then display to you. For more information about how BitPay calculates the exchange rates and factors in slippage, please refer to bitpay.com/bitcoin-exchange-rates. BitPay guarantees the exchange rate as long as you pay within the proper time window after the invoice is created. Invoice timeout information is clearly displayed on each BitPay invoice (usually 15 minutes).
An invoice is considered complete after the payment has six (6) Bitcoin block confirmations. We are not liable for settling invoices with a payment that never receives six (6) Bitcoin block confirmations.
4.9.4 Payment Exceptions. In certain situations when an invoice is not fully paid or overpaid, it will result in a payment exception.
188.8.131.52 Underpayments. Underpayments occur when you send less than the full Bitcoin amount required to mark the invoice as fully paid. Since the invoice is not fully paid or complete, the funds do not get applied to the invoice. BitPay will send an email to you allowing you to request a refund for the partial payment. You also can request a refund of the partial payment directly from the invoice.
In cases where the difference is 0.10 USD or less, we may, in our sole discretion, accept underpayments and handle these directly with BitPay, instead of refunding the underpayment.
184.108.40.206 Overpayments. Overpayments occur when an invoice receives excess funds. In cases such as this, the invoice passes through the state of being paid in full and is marked as an overpayment. Once the invoice is in status ‘complete’, the funds to mark the invoice as fully paid are applied to the invoice. However, the excess funds are not applied. BitPay will send an email to you allowing you to request a refund for the excess funds. You also can request a refund of the excess funds directly from the invoice.
220.127.116.11 Orphan Payments. Orphan Payments occur when a transaction is received outside the time window referenced in Section 4.9.3 (Invoice Generation and Exchange Rate Guarantee). Any payments sent to the expired bitcoin address will show up in BitPay’s system as an orphan payment. For more information or to resolve orphaned payments, you will need to reach out to BitPay’s support team with the appropriate information.
4.9.5 Refunds. Returned or cancelled orders that qualify for a refund in Bitcoin will be issued the full USD value of the order and processed at the Bitcoin exchange rate when the refund is completed. Your refund will be issued through BitPay using the billing email address listed on your Bio-energyPlus.com account. After you provided a Bitcoin refund address via the email sent, the refund request should be processed within 24 hours.
5. Intellectual Property Rights.
5.1 Our Intellectual Property. We own all right, title and interest in and to the Services, Our Data, and Aggregated Data, including, without limitation, all intellectual property rights therein. Subject to the limited rights expressly granted to you under this Agreement, we reserve all rights, title, and interest in and to the Services, Our Data, and Aggregated Data, including, without limitation, all related intellectual property rights. Our service marks, trademarks, logos, product, and service names, including, without limitation, Bioenergy Plus logo, and “Self-Empowered Healing is Our Mission and Our Passion!” (collectively, the "Bioenergy Plus Marks") are owned by us. You agree and consent not to display or use any Bioenergy Plus Marks in any manner without our express prior written permission. Any trademarks, service marks and logos associated with third-parties may be the property of the third-parties, and you should consult with their trademark guidelines before using any of their marks – for example “NES”, “Total WellNES”, “Infoceuticals”, and “miHealth” are either registered trademarks or trademarks of NES Health in the United States and/or other countries.
5.2 License Grant to You. Subject to the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use the Services and solely for your personal and non-commercial purpose. You will not: (a) modify, copy or create any derivative works based on the Services; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Services available to any third-party, other than to you as permitted herein; (c) reverse engineer or decompile any portion of the Services, including but not limited to, any software utilized by us in the provision of the Services; (d) allow a third-party to access or use the Services; (e) access or use the Services to build any competing products or services; (f) copy any features, functions, integrations, interfaces, text, audio, video or graphics of the Services; or (g) otherwise use or exploit the Services in any manner not expressly permitted by this Agreement.
5.3 License Grant to Us. You hereby grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license (a) to modify, copy, distribute and incorporate into the Services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction, or other feedback provided by you (including text, audio, video and graphic material); and (b) to use it in connection with providing the Services and for marketing and promotional purposes in connection with our business. Other than those rights specifically granted to us herein are expressly reserved by you.
6. Data Ownership and Use.
6.1 Your Data. As between you and us, you own all right, title and interest in Your Data. You hereby grant to us a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty-free license and right to copy, distribute, display, and perform, publish, prepare derivative works of and otherwise use Your Data for the purposes of providing, improving, and developing the Services and/or complementary Third-Party Offerings. You represent and warrant to us that you have all rights necessary to grant the licenses in this Section 6.1, and that your provision of Your Data through and in connection with the Services does not violate any applicable laws or rights of any third-party.
6.2 Our Data. Notwithstanding Section 6.1, all right, title and interest in any data or information collected by us independently and without access to, reference to or use of any of Your Data, will be solely owned by us (collectively, “Bioenergy Plus Data”).
6.3 Aggregated Data. We will own all Aggregated Data. You agree and consent that nothing in this Agreement will prohibit us from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you.
6.5 Protection and Security. We will maintain administrative, physical, and technical safeguards designed for the protection and integrity of Your Data. PCI DSS compliance will be maintained for the portions of the Services that store and process Cardholder Data.
6.6 Unauthorized Disclosure. If either Party believes that there has been a disclosure of Your Data in a manner not authorized under this Agreement, such Party will promptly notify the other Party. Additionally, each Party will reasonably assist the other Party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
7.1 General. For our Subscriptions, payments of the Subscription Fees and any other applicable fees will be charged to your account that you establish for use of the Services (your "Billing Account"). You agree and consent to pay us all charges at the prices then in effect, unless otherwise specified in an Order Form, for any use of the Services by you or other persons using your Billing Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Services. You agree and consent to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment. Subscriptions are non-refundable.
7.2 Term. Unless otherwise specified in an Order Form, the term options offered for our paid Subscription is monthly (“Subscription Term”). THE SUBSCRIPTION TERM COMMENCES ON THE PURCHASE DATE UNTIL THE TERM PERIOD ENDS OR THIS AGREEMENT AND SERVICES ARE TERMINATED IN ACCORDANCE WITH SECTION 8, WHICHEVER OCCURS FIRST.
7.3 Recurring Billing. You acknowledge that your Subscription has an initial and recurring payment feature, and you accept responsibility for all initial and recurring charges. WE MAY MAKE ON A RECURRING AND PERIODIC BASIS CHARGES (I.E., MONTHLY – THE “BILLING CYCLE”) DEPENDING ON THE TYPE AND TERM OF SUBSCRIPTION YOU SELECTED WHEN YOU PURCHASED A SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (ONE ACCEPTED BY US). SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED TO YOU BEFORE WE REASONABLY COULD ACT AFTER RECEIPT OF SUCH NOTICE. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE CONTACT US (Section 15).
7.4 Fee Changes. We, in our sole discretion, may at any time modify the Subscription Fees. A Subscription Fees change will become effective only at the end of your then-current Subscription Term (essentially at renewal).
7.5 Current Information. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR ONLINE ACCOUNT OR BY CONTACTING US (Section 15). IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE AND CONSENT THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICES UNDER YOUR BILLING ACCOUNT.
7.6 Payment Method. If we do not receive payment from the third-party services provider who manages your Payment Method ("Payment Method Provider"), you agree and consent to pay all amounts due on your Billing Account upon demand. You further agree that your Payment Method Provider may impose terms and conditions on you, which are independent of this Agreement and you agree to comply with all those terms.
7.7 Reaffirmation of Authorization. YOUR CONTINUED USE OF THE SUBSCRIPTION REAFFIRMS THAT WE ARE AUTHORIZED TO CHARGE YOUR PAYMENT METHOD. WE MAY SUBMIT THOSE CHARGES FOR PAYMENT AND YOU WILL BE RESPONSIBLE FOR SUCH CHARGES. THIS DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU. YOUR CHARGES MAY BE PAYABLE AS SET FORTH IN SECTION 7.3, OR AS OTHERWISE DESCRIBED WHEN YOU INITIALLY PURCHASED THE SUBSCRIPTION.
7.8 Cancellation. SUBSCRIPTIONS ARE NON-CANCELABLE EXCEPT FOR THE TERMINATION OF THIS AGREEMENT (AND SERVICES) IN ACCORDANCE WITH SECTION 8.
7.9 Rollover of Unused Entitlements. Any unused product and service entitlements (i.e. therapy sessions/appointments) included in your Subscription remain available for up to sixty (60) days after your Subscription Term expires, thereafter they will be lost.
8. Termination, Suspension, and Expiration.
8.1 Your Right to Terminate. You may terminate this Agreement at any time by providing written notice to us on paper (Section 15). All terms pursuant in Section 8.4 apply.
8.2 Our Right to Terminate or Suspend Services. We may suspend the Services (or any portion thereof) or terminate this Agreement at any time without notice if we believe (a) that any activity or use of the Services in connection with your account violates this Agreement, the intellectual property rights of a third-party or applicable laws, or is otherwise disruptive or harmful to us or any third-party; or (b) that we are required to do so by law; or (c) you have not been using the Services for more than eighteen (18) months.
To protect the integrity of the Services, we, in our sole discretion, reserve the right at any time to block certain IP addresses or Clients from accessing the Services.
8.3 Termination for Cause. We may terminate this Agreement, effective immediately upon notice to you, if you are in material breach of this Agreement.
8.4 Rights and Obligations on Termination. Upon termination of this Agreement (a) all Order Form will automatically terminate and be of no force or effect; (b) you will have no rights to continue use of the Services and will cease accessing and/or using the Services; (c) IN ADDITION TO OTHER AMOUNTS YOU MAY OWE US, YOU MUST IMMEDIATELY PAY ANY UNPAID SUBSCRIPTION FEES ASSOCIATED WITH THE REMAINDER OF YOUR THEN-CURRENT SUBSCRIPTION TERM. IN NO EVENT WILL ANY TERMINATION RELIEVE YOU OF YOUR OBLIGATION TO PAY ANY FEES PAYABLE TO US FOR THE PERIOD PRIOR TO THE EFFECTIVE DATE OF TERMINATION; (d) YOU WILL NOT BE ENTITLED TO ANY REFUND OF PAID BUT UNUSED SUBSCRIPTION FEES OR ANY UNUSED PRODUCT AND SERVICE ENTITLEMENTS AND BENEFITS UNDER THE SUBSCRIPTION YOU HAD PRIOR TO THE TERMINATION; and (d) after a sixty (60) days period after termination we will have no obligation to maintain your account or to retain or forward any data to you or any third-party, except as required by applicable law.
The following will survive any termination of this Agreement: the Introduction and Sections 1, 2.9, 2.10, 2.11, 3, 4 (other than Section 4.1), 5, 6, 7.1, 7.3, 7.4, 7.5, 7.6, 8.3, 8.4, 9, 10, 11, 12, 13, 14, 15 and 16.
9.1 General. We are committed to providing all our clients with exceptional care. When a client cancels their appointment without giving enough notice, they prevent another client from being seen. Therefore, we ask you to be courteous and contact us promptly if you are unable to attend an appointment. Appointments are in high demand, and your early cancellation will allow another client access to timely care.
9.2 Change or Cancellation. IF IT IS NECESSARY TO CANCEL OR CHANGE YOUR SCHEDULED APPOINTMENT, WE REQUIRE THAT YOU CONTACT US AT LEAST TWENTY-FOUR (24) HOURS IN ADVANCE OF YOUR APPOINTMENT. PLEASE SEND US AN EMAIL TO HEAL@BIO-ENERGYPLUS.COM, OR CALL US AT 1-760-450-3899 AND SELECT OPTION 2 (YOU MAY LEAVE A DETAILED MESSAGE ON OUR VOICE MAIL, INCLUDING YOUR NAME AND PHONE NUMBER). YOU CAN ALSO SIMPLY CANCEL AN APPOINTMENT FROM YOUR ONLINE ACCOUNT.
9.3 Late Cancellation. A cancellation is considered to be late when the appointment is cancelled within twenty-four (24) hours of the scheduled appointment (“Late Cancellation”).
9.4 No Show. When you missed an appointment without cancelling it, or you appear more than fifteen (15) minutes late, without prior notice, to your scheduled appointment, we consider this a “No Show”.
9.5 Penalty Fees. THE FIRST (1) TIME THERE IS A “NO-SHOW”, LATE CANCELLATION, OR CANCELLATION WITHOUT A REASONABLE EXCUSE THERE WILL BE NO CHARGE TO YOU. A SECOND (2) OCCURRENCE WILL RESULT IN A FEE OF SEVENTY-FIVE (75) US DOLLARS. ON THE THIRD (3) OCCURRENCE YOU WILL BE CHARGED THE EQUIVALENT OF THE THEN-CURRENT NON-PROMOTIONAL FEE FOR ONE (1) INDIVIDUAL SESSION, AND WE MAY (AT OUR SOLE DISCRETION) TERMINATE THIS AGREEMENT AND THE SERVICES TO YOU AS PURSUANT IN SECTION 8.
10. Warranties and Disclaimer.
10.1 Accuracy of Your Account Information. You agree and consent to provide us with complete and accurate account information, including your name, street address, email address, and such other contact information as may be requested by us. You are responsible for keeping your account information up to date, and you agree and consent to promptly make any changes through your account settings or notify us in writing if any information changes.
10.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS WITH RESPECT TO THE SERVICES AND THIRD-PARTY OFFERINGS. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES AND THIRD-PARTY OFFERINGS, WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES AND THIRD-PARTY OFFERINGS, ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES AND THIRD-PARTY OFFERINGS WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AND THIRD-PARTY OFFERINGS AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND THIRD-PARTY OFFERINGS, AND RELATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT AND IN REFERENCES MADE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH BIO-ENERGY PLUS AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS, PARTNERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “BIO-ENERGY PLUS PARTIES”).
10.3 Complementary Services Disclaimer. YOU UNDERSTAND OUR SERVICES DO NOT DIAGNOSE, CURE, PREVENT, OR TREAT DISEASE. IF YOU HAVE A MEDICAL CONDITION, EMERGENCY, OR URGENT MEDICAL MATTER, CONCERNS, OR QUESTIONS ABOUT YOUR HEALTH, PLEASE CONSULT AN APPROPRIATE HEALTH CARE PROFESSIONAL. OUR CLAIMS HAVE NOT BEEN EVALUATED BY ANY GOVERNMENT AGENCY OR REGULATORY ORGANIZATION. THE CONTENT MADE AVAILABLE BY OUR SERVICES IS FOR GENERAL INFORMATION AND INTEREST ONLY AND WE DO NOT WARRANT OR GUARANTEE ITS ACCURACY OR COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE, NOR IS IT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS YOUR RESPONSIBILITY TO JUDGE THE ACCURACY OR COMPLETENESS OF THE CONTENT BEFORE RELYING ON IT IN ANY WAY. YOUR USE OF THE SERVICES (FOR WHATEVER PURPOSE) IS AT YOUR SOLE RISK. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE YOU MAY HAVE READ OR HEARD SOMETHING THAT WAS MADE AVAILABLE BY OUR SERVICES.
11.1 You agree and consent to indemnify, defend, and hold harmless BIO-ENERGY PLUS and the BIO-ENERGY PLUS Parties from and against any and all third-party demands, liability, claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach by you of any provisions of this Agreement; (b) any access to or use of the Services by you; (c) any actual or alleged violation by you of the intellectual property, privacy, or other rights of a third-party; and (d) any actual or alleged violation by you of any applicable laws.
12. Limitations and Exclusions of Liability.
12.1 WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES (INCLUDING PERSONAL INJURY OR DEATH) OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY (a) THE USE OF THE SERVICES (INCLUDING THIRD-PARTY OFFERINGS); AND (b) THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY US OR THE BIO-ENERGY PLUS PARTIES. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR AND THE BIO-ENERGY PLUS PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SERVICES FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT AND IN REFERENCES MADE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH US AND THE BIO-ENERGY PLUS PARTIES.
IN NO EVENT WILL WE OR ANY OF THE BIO-ENERGY PLUS PARTIES HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOST INCOME, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES (INCLUDING THIRD-PARTY OFFERINGS), INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF WE OR THE BIO-ENERGY PLUS PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Export Controls.
13.1 You agree and consent to comply fully with all applicable U.S. and foreign export laws, regulations, and sanctions and ensure that you will not use the Services in violation of any such restrictions, laws, or regulations. You agree and consent to ensure that neither goods nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws, restrictions, and regulations. By using the Services, you represent and warrant that: (a) you are not located in, under the control of, or a national or resident of a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant laws in your local jurisdiction.
14.1 Governing Law. This Agreement (and policies and notices contained or referenced herein) and any action related thereto will be governed by and interpreted in accordance with the internal laws of the State of California without regard to conflicts of laws principles. The U.N. Convention on the International Sale of Goods will not apply.
14.2 Mandatory Informal Dispute Resolution. If you have any dispute, claim or controversy with us arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, you agree to notify us in writing with a brief, written description of the dispute and your contact information, and we will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below.
14.3 Arbitration Agreement. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO SECTION 14.2 ABOVE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE AND CONSENT THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as amended by this Agreement. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The applicable governing law will be as set forth in Section 14.1 (provided that with respect to arbitrability issues, U.S. federal arbitration law will govern).
A Party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Any arbitration hearing will be held in San Diego County, California, United States.
The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a Party may be held liable. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
14.4 Entire Agreement. This Agreement, together with any Order Form and any terms and policies that are incorporated into this Agreement by reference (including by reference to a URL, document, or web page), constitute the entire agreement and supersede any prior agreements between you and us with respect to the subject matter hereof. In the event of a conflict between an Order Form and this Agreement, the Order Form will control. This Agreement supersedes and replaces all prior and contemporaneous agreements, proposals, or representations, written or oral, between us, on the one hand, and you on the other hand.
14.5 Waiver and Severability. No waiver of any provision of this Agreement by us will be effective unless in writing and signed by a duly authorized representative of BIO-ENERGY PLUS. 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. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
14.6 Assignment. You may not assign, delegate, or transfer this Agreement in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign, delegate or transfer this Agreement, without such consent, will be null and of no effect. We may assign, transfer or sublicense any or all our rights or obligations under this Agreement without restriction.
14.7 Force Majeure. Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving employees of BIO-ENERGY PLUS), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications, data or hosting facility.
14.8 Relationship of the Parties. This Agreement does not, and will not be construed to, create any partnership, joint venture, agency, or franchisor-franchisee relationship between you and us.
15. Contact Us.
Your electronic communication to us can be sent via email using the following email addresses, unless we or this Agreement tell you otherwise
email@example.com – for communications about this Agreement, terms and conditions, polices and disclosures, claims, and other legal related matters
firstname.lastname@example.org – for communications about your orders, billing, payments, and transaction history
email@example.com – for communications about the Services, your therapy, your account, fee schedules, and other “client service” related matters
Your written communication to us on paper must be delivered to us via first class registered U.S. mail, to:
Attn: Client Care
315 S Coast Hwy 101 Ste U167
Encinitas, CA. 92024
For the purposes of this Agreement, the following capitalized terms will have the meanings set forth for each of them below:
“Aggregated Data” means anonymized, aggregated data derived by or through the operation of the Services that is created by or on behalf of BIO-ENERGY PLUS and that does not reveal any personally identifying information.
“App” means any mobile application through which BIO-ENERGY PLUS makes the Services available.
“Cardholder Data” means credit/debit card numbers, expiration dates, billing addresses, and cardholder names as entered by you. Cardholder Data is a subset of Your Data.
“Client” means an individual that schedules or purchases products or services from BIO-ENERGY PLUS through the Services or otherwise interacts with BIO-ENERGY PLUS through the Services.
“Order Form” means a separate (electronic or on paper) ordering document, invoice, or other documentation that specifies the Services purchased, the applicable fees, and other terms as agreed to between the Parties.
“PCI DSS” means the requirements of the Payment Card Industry Data Security Standard, as detailed on https://www.pcisecuritystandards.org/, and as may be updated from time to time.
“Return and Refund Policy” means the BIO-ENERGY PLUS Return and Refund Policy accessible at https://www.bio-energyplus.com/terms (or such other URL as specified by BIO-ENERGY PLUS), as may be updated by BIO-ENERGY PLUS from time to time.
“Services” is defined in the Introduction. “Services” excludes Third-Party Offerings.
“Third-Party Offerings” means any third-party, including, without limiting, our affiliates and partners’ products, applications, websites, implementations, or services, including loyalty programs, that the Services may link to, inter-operate with, integrate with, access, or are used in conjunction with the Services.
“Website” means www.bio-energyplus.com and any other websites through which BIO-ENERGY PLUS makes the Services available.
“Your Data” means any data, information or material provided or submitted by you in connection with your use of the Services. Your Data may include but is not limited to Client Data and Cardholder Data, but excludes Aggregated Data.