Welcome! These are the Bio-Well Terms of Service ("Bio-Well Terms"). These Bio-Well Terms form a legal agreement between you (together with any business, entity or organization you are representing, "Member," or "you") and Bio-Well (referred to herein as "Bio-Well," "we" or "us") (collectively, the "parties"). The Bio-Well Terms govern your access to and use of the Bio-Well website and subscription services (collectively, the "Services" or "Bio-Well").
The Services are offered to you conditioned upon your acceptance without modification of these Bio-Well Terms, as well as any other guidelines, rules or operating policies that Bio-Well may establish and post from time to time, all of which are hereby incorporated by reference. By clicking the 'I accept these terms and conditions' button upon your registration for the Services, and each time you access or use the Services, you accept the terms and conditions contained and referenced herein. If you do not agree to these Bio-Well Terms, you may not purchase, use or access the Services.
You represent that you have attained the age of majority in the province, state or country in which you reside, and that you are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to subscribe to or use the Services.
You are required to complete the registration form on the sign up page in order to use the Services. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in the registration form. You are responsible for maintaining the security of your Account, passwords, and files.
You acknowledge that, from time to time, it may be necessary for Bio-Well to update or revise certain provisions of these Bio-Well Terms. Bio-Well reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion, and Bio-Well will not be liable to you or any third party for any such modification, suspension or discontinuation of the Services. Any such modifications will be deemed effective immediately upon posting of the modified terms, and your continued use of the Services following any such modification will be deemed your acceptance of the modified terms. You are responsible for regularly reviewing these terms, conditions, and notices, and any new terms posted. The most current version of these Bio-Well Terms may be reviewed at any time on the Bio-Well website.
If you do not agree to any of these Bio-Well Terms, or any future changes made to these Bio-Well Terms, your exclusive remedy is to cancel your subscription to the Services. Except as otherwise expressly provided herein, any new features, tools or products that change, augment, enhance or upgrade the current Services will be subject to these Bio-Well Terms.
Bio-Well offers products for purchase and a membership subscription to Members to conduct human and environment energy scans (see FAQ's for further details), charged on a monthly basis. You will also have the ability to conduct, view and store current and historical scans through the use of accompanying Software.
The only payment cycle option currently available for Bio-Well subscriptions is an ongoing membership plan. You will be charged on an on going monthly basis until you cancel your membership.
You agree to pay subscription fees ("Fees") in advance according to the type of membership you have selected. Bio-Well reserves the right to change or modify the fee schedule (including, without limitation, increasing prices and charging a fee for upgrades or a Service for which Bio-Well does not currently charge a fee) at any time. Bio-Well will strive to provide you with reasonable notice prior to making any fee changes or modifications.
You agree to pay all subscription fees and any other charges incurred by you (including any applicable taxes) at the rates in effect when the charges were incurred. For your convenience, all Fees will be billed to the credit card provided when you registered (or to a different credit card if you change your account information) in accordance with your subscription and subsequent product orders. You hereby authorize Bio-Well to charge your credit card for the amounts that relate to your subscription and other purchases, if any. If Bio-Well is for any reason unable to effect automatic payment via your credit card, Bio-Well will attempt to notify you via email and your access to the Services may be disabled until payment is received. You are responsible to notify Bio-Well of any changes to your credit card information and to update your information if your credit card has expired. Bio-Well may discontinue or otherwise interrupt your access to the Services if you fail to so notify Bio-Well.
You agree to pay all charges on time. All Fees will be paid in U.S. dollars. You are responsible and liable for any fees, including attorney and collection fees, that Bio-Well may incur in its efforts to collect any remaining balances due from you. You are required to notify Bio-Well of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not do so, you waive any right to dispute such problems or discrepancies.
You may cancel your monthly membership at any time, simply by emailing us at eu@bio-well.com. Please allow us one month to process termination requests. You must cancel your membership at least 15 days before it renews in order to avoid charging of subscription fees for a new term to your credit card. Bio-Well does not provide refunds or credits for any partial monthly subscription period. Additionally, if you cancel your pre-paid subscription during the initial term of the subscription, the discounted price of the pre-paid plan will not apply, and you will be charged the regular monthly membership rate plus shipping and handling costs for all of the months (or partial months) prior to your termination of your subscription.
We will accept returns within 30 days of receipt (45 days for members outside of the United States). We will apply a credit for returned, unopened merchandise, less shipping and handling in the manner of original payment. Returns will be returned at your sole cost, and we recommend that the products be shipped with some form of tracking or return receipt.
Defective products may be returned for a replacement within 120 days of receipt. Please contact customer service by emailing us at eu@bio-well.com for instructions on how to return defective products.
Bio-Well uses the U.S. Postal Service in the United States, and a freight forwarder internationally, to deliver Bio-Well's products purchased from Bio-Well. Orders will generally be processed within two business days of their receipt, however, the delivery times may vary depending the available inventory, your delivery address and any circumstances that may impact the U.S. Postal Service and/or freight forwarder.
You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Bio-Well. Bio-Well will not be obligated to refund any pre-paid fees if you cancel your Account for any reason.
If Bio-Well terminates your Account because you breach these Bio-Well Terms or any related agreements or guidelines, Bio-Well will have no liability to you or any third party because of such termination or action.
Bio-Well is not a diagnostic tool. The product, software and subscription offering is intended to help you learn more about your energy state so that you can develop better habits to promote wellness. It should not be used as a health diagnostic tool. You should consult your doctor for any health-related questions.
We make no representation that the materials and content of the Service are appropriate or available for use outside of the United States. Visitors and Members from outside the United Sates are responsible for compliance with all applicable laws.
For transmitting personal information, such as when you use a credit card to register, we use a secure server (SSL), which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorized access. While we take precautions to ensure that your information is secure on our system and in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of your transactions.
If you are accessing our Service from a country other than the countries in which our servers are located (currently the United States), the various communications will necessarily result in the transfer of information across international boundaries. By using our Service and communicating electronically with us, you consent to the processing and transfer of your data.
Bio-Well's Terms of Use were updated on May 20, 2013