Terms of Use
BioHarvest 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”).
BioHarvest Inc Address:
144-42 Jewel Avenue, Flushing New York 11367-1733, United States
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 AND SPEAKING WITH 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 and speaking with 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
21. WORLD HEART DAY GIVEAWAY Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN
Eligibility. This WORLD HEART DAY GIVEAWAY (“Promotion”) is open to all natural persons who are legal residents of the 50 United States and District of Columbia, who are at least 18 years old at the time of entry, and are registered users of VINIA products. Void outside the USA, in Puerto Rico, the US Virgin Islands and other US territories and possessions. This Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
Sponsorship. The Promotion sponsor is BioHarvest Ltd., 3 Pekeris Street, Rehovot, Israel 7670203. Sponsor and its respective affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Promotion, including without limitation, the immediate family members of such individuals, are not eligible to participate. Sponsor will conduct the Promotion substantially as described in these Official Rules.Entry Period. The Promotion begins in September 29 2021 at 12:01 AM EST and ends on October 13 2021 at 11:59 PM EST (“Entry Period”).How to Enter. During the Entry Period, text “HEART” and your first and last name to 1-855-912-3309. By doing so, you are agreeing to receive occasional text messages from the Sponsor. Limitations on Entry. Limit one entry per person per mobile phone number. No third-party entry or entry through any sweepstakes service is permitted. Any person who attempts or otherwise encourages the entry of multiple or false contact information under multiple identities or uses any device or artifice to enter or encourage multiple or false entries, as determined by the Sponsor, will be disqualified. Use of robotic entry devices is strictly prohibited.
Prize. Seven (7) winners will be awarded and the award consists of one year’s supply of VINIA. Approximate retail value of the Prize is $540 including shipping. Prizes are non-transferrable, and no substitution or cash equivalent is permitted. Any difference between the stated approximate retail value and actual value of the Grand Prize will not be rewarded. Winner is solely responsible for any federal, state, and local taxes.
Drawing. Winners will be selected at random at the end of the Entry Period in a random drawing from among all eligible entries collected during the Entry Period at Sponsor’s principal place of business. The drawing will be conducted by Sponsor, whose decisions and interpretations on all matters relating to the Promotion and these Official Rules are final and binding in all respects. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible and has violated a rule, gained unfair advantage in the Promotion, or obtained winner status using fraudulent means. If there is a dispute about the identity of an entrant, prize will be awarded to the natural person to whom the email address is assigned by the internet service provider responsible for the domain associated with the submitted email address. If the winner is found to be ineligible or not in compliance with Sweepstakes rules, winner will be disqualified and an alternate winner will be awarded the prize in a separate random drawing. Winner will be notified by [email, telephone]. Inability of Sponsor to contact winner by telephone within three days after selection may result in disqualification of winner and an alternate winner may be selected in a random drawing at Sponsor’s discretion. Prize will be sent to winner by mail within fourteen days after winner has been notified and accepted the prize. If prize is returned as undeliverable, then prize will be forfeited, and another winner will be randomly selected.
Odds. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in the Promotion.
WARNING. ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR-OWNED WEBSITE OR MOBIL APPLICATION OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.General Terms. By entering this Promotion, you promise to abide by the Official Rules and decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right, at its sole discretion, to refuse, disqualify or withdraw any entry at any time. Sponsor will not be responsible for any injury, damage or loss of any kind arising out of your participation in the Promotion. YOU AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS FROM AND AGAINST ANY OR ALL CLAIMS, LOSSES, INJURIES, OR DAMAGES RESULTING FROM THE PARTICIPATION IN THE PROMOTION. Except where prohibited by law, by accepting prize, winner grants Sponsor a perpetual worldwide, royalty-free license to use the winner’s name, photograph, voice, and/or likeness without further authorization, compensation or remuneration of any kind for advertising, promotion and other publicity purposes in any and all media now or hereafter known throughout the world.Winner’s Name. The name of the winners is available only within sixty (60) days after the close of the Promotion. To receive the name of the winners, where permitted by law, or a printed copy of the Promotion Official Rules, please contact Sponsor by email at hello@vinia.com
22. Shipping Address Notice
Please note that upon placing your VINIA order, you are responsible for the information you provide at the time you place your order. We, the company, will not incur fees with regard to shipping errors provided at the time in which your order was placed. VINIA will not be held responsible for address errors, including but not limited to incorrect digits, and should your Vinia order be sent to an incorrect address, we are happy to assist you with placing a new order, at your own cost. If your item is delivered to the wrong address, please email us at hello@vinia.com. If it was our shipping mistake, we will be happy to have your oder reshipped. However, if you provide us with the wrong shipping address when placing your order, we will not be able to reship the item free of cost.
23. Customer Referral Program Terms and Conditions
VINIA ("VINIA" or “We”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program. We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered using Yotpo by VINIA.
Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned.
We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by VINIA).
Children. No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
How the Program Works
Program Participation, Generally
To participate in the Program, Referrers should visit www.vinia.com and follow the on-screen instructions to refer friends or colleagues to the program by entering your email and name for a direct referral link.
Individuals who receive a referral via a Referrer are "Friends" (or, singly, a “Friend”). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).
By participating in the Program, a Referrer represents that he or she has her Friends’ prior consent to provide their contact information.
B. Eligible Referrer
To be "Eligible," a Referrer must:
Be a legal resident of the United States of America
Not previously have been terminated from the Program.
C. Making a Referral
A Referrer must register at vinia.com to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once a Referrer refers a Friend, he/she will be provided with a confirmation email, and will be contacted if a Qualified Referral is made by the referred Friend within 12 months.
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with VINIA or participate in the Program using multiple or fake email addresses or identities.
D. Qualified Referrals
A “Qualified Referral” means that all the following conditions are met:
The Friend had not previously made a purchase with VINIA under any email address or alias;
The Friend is a) a legal resident of the United States of America and b) at least 18 years old; and
Only one Qualified Referral can be earned for each Friend, up to a maximum of ten (10) Friends per calendar year, unless otherwise allowed by VINIA. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
E. Earning Rewards
Referrers shall receive one (1) reward (each, a “Reward”) in the form and value determined by VINIA for each verified Qualified Referral generated by Referrer. A maximum of ten (10) Rewards may be earned by Referrer per calendar year for Qualified Referrals. Any additional or subsequent referrals made by a Referrer will not be considered Qualified Referrals and thus not be entitled to the Reward, unless otherwise allowed by VINIA.
Rewards may be redeemed at VINIA’s sole discretion, including, but not limited to purchases and discounts on the vinia.com website.
F. Verified Qualified Referrals
Rewards are subject to verification. VINIA may delay a Reward for the purposes of investigation. VINIA may also refuse to verify and process any transaction VINIA deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on VINIA, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of VINIA's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
G. Transfer and Value of Credit and Rewards
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
Privacy.
Referrers may participate in the Program made available by VINIA in order to refer their Friends to VINIA as potential new VINIA customers. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that VINIA can send communications to the Friends on the Referrers’ behalf. The personal information will be collected, processed and used in accordance with VINIA’s Privacy Statement, which can be found at https://vinia.com/pages/privacy-policy. Referrers understand that, in addition to the initial communications to Friends, VINIA may also use the personal information to send to Friends additional follow-up communications on behalf of the Referrers in order to encourage or remind the Friends to complete a purchase. The personal information may also be used by VINIA to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from VINIA.
III. Content Ownership and Use.
VINIA’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and VINIA, all Content is the property of VINIA or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on VINIA’s online platform or the Program is the exclusive property of VINIA and is protected by copyright, trademark, and other laws.
B. License to You
VINIA authorizes you, subject to these terms, to access and use VINIA’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
C. Trademarks
The registered or unregistered logos, product and service names contained in VINIA’s online platform or the Program are or may be trademarks of VINIA or its licensors. Without VINIA’s prior written permission, and except as solely enabled by any link as provided by VINIA, you agree not to display or use in any manner.
D. User-Submitted Content
The registered or unregistered logos, product and service names contained in VINIA’s online platform or the Program are or may be trademarks of VINIA or its licensors. Without VINIA’s prior written permission, and except as solely enabled by any link as provided by VINIA, you agree not to display or use in any manner.
Liability
A. By participating in the Program, Referrers agree to:
Be bound by these Terms and Conditions, the decisions of VINIA and its designees, and the Privacy Policy of VINIA;
Defend, indemnify, release and hold harmless VINIA, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward);
B. VINIA shall not be liable for:
Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
Claims, demands, and damages in disputes among Referrers or between Referrers and Friends; or
Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to VINIA at the relevant time.
C. VINIA disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond VINIA’s control corrupt the administration, security or proper operation of the Program.
D. VINIA shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of Gods, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. VINIA reserves the right to cancel or suspend the Program should VINIA determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND VINIA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) VINIA MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. Limitation of Liability and Indemnification
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT VINIA (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINIA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, VINIA'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
Conduct.
If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), VINIA reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
Referrers agree not to use the Program to:
Violate applicable law;
Infringe the intellectual property rights of VINIA or any third parties;
Stalk, harass, or harm another individual;
Collect or store personal data about other Referrers;
Impersonate any person or otherwise misrepresent Referrer's identity;
Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Referrer's use of the Program;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution ("Spam")
If a Referrer provides a Personal Link to vinia.com to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in VINIA’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. VINIA has a no-tolerance spam policy.
VINIA has no obligation to monitor the content provided by Referrers; however, VINIA may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
While VINIA is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify VINIA and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
D. Fraudulent and Suspicious Behavior
VINIA may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in VINIA’s sole discretion, if VINIA determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of VINIA.
Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
VINIA reserves the right to disqualify any Referrer and/or cancel any Reward(s) if VINIA finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, VINIA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Suggestions and Submissions.
VINIA appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that VINIA does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While VINIA values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send VINIA Creative Ideas, VINIA:
Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).
B. Referrers and VINIA agree to submit to the personal and exclusive arbitration of any disputes relating to the use of VINIA’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Los Angeles County in the state of California. Referrers covenant not to sue or otherwise bring a claim against VINIA in any other forum.
C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:
REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
VIII. General Terms.
These terms constitute the entire agreement between Referrers and VINIA concerning Referrers' use of the Program. The failure of VINIA to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, VINIA and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
BioHarvest Inc Address:
144-42 Jewel Avenue, Flushing New York 11367-1733, United States
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 AND SPEAKING WITH 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 and speaking with 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
21. WORLD HEART DAY GIVEAWAY Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN
Eligibility. This WORLD HEART DAY GIVEAWAY (“Promotion”) is open to all natural persons who are legal residents of the 50 United States and District of Columbia, who are at least 18 years old at the time of entry, and are registered users of VINIA products. Void outside the USA, in Puerto Rico, the US Virgin Islands and other US territories and possessions. This Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
Sponsorship. The Promotion sponsor is BioHarvest Ltd., 3 Pekeris Street, Rehovot, Israel 7670203. Sponsor and its respective affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Promotion, including without limitation, the immediate family members of such individuals, are not eligible to participate. Sponsor will conduct the Promotion substantially as described in these Official Rules.Entry Period. The Promotion begins in September 29 2021 at 12:01 AM EST and ends on October 13 2021 at 11:59 PM EST (“Entry Period”).How to Enter. During the Entry Period, text “HEART” and your first and last name to 1-855-912-3309. By doing so, you are agreeing to receive occasional text messages from the Sponsor. Limitations on Entry. Limit one entry per person per mobile phone number. No third-party entry or entry through any sweepstakes service is permitted. Any person who attempts or otherwise encourages the entry of multiple or false contact information under multiple identities or uses any device or artifice to enter or encourage multiple or false entries, as determined by the Sponsor, will be disqualified. Use of robotic entry devices is strictly prohibited.
Prize. Seven (7) winners will be awarded and the award consists of one year’s supply of VINIA. Approximate retail value of the Prize is $540 including shipping. Prizes are non-transferrable, and no substitution or cash equivalent is permitted. Any difference between the stated approximate retail value and actual value of the Grand Prize will not be rewarded. Winner is solely responsible for any federal, state, and local taxes.
Drawing. Winners will be selected at random at the end of the Entry Period in a random drawing from among all eligible entries collected during the Entry Period at Sponsor’s principal place of business. The drawing will be conducted by Sponsor, whose decisions and interpretations on all matters relating to the Promotion and these Official Rules are final and binding in all respects. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible and has violated a rule, gained unfair advantage in the Promotion, or obtained winner status using fraudulent means. If there is a dispute about the identity of an entrant, prize will be awarded to the natural person to whom the email address is assigned by the internet service provider responsible for the domain associated with the submitted email address. If the winner is found to be ineligible or not in compliance with Sweepstakes rules, winner will be disqualified and an alternate winner will be awarded the prize in a separate random drawing. Winner will be notified by [email, telephone]. Inability of Sponsor to contact winner by telephone within three days after selection may result in disqualification of winner and an alternate winner may be selected in a random drawing at Sponsor’s discretion. Prize will be sent to winner by mail within fourteen days after winner has been notified and accepted the prize. If prize is returned as undeliverable, then prize will be forfeited, and another winner will be randomly selected.
Odds. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in the Promotion.
WARNING. ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR-OWNED WEBSITE OR MOBIL APPLICATION OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.General Terms. By entering this Promotion, you promise to abide by the Official Rules and decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right, at its sole discretion, to refuse, disqualify or withdraw any entry at any time. Sponsor will not be responsible for any injury, damage or loss of any kind arising out of your participation in the Promotion. YOU AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS FROM AND AGAINST ANY OR ALL CLAIMS, LOSSES, INJURIES, OR DAMAGES RESULTING FROM THE PARTICIPATION IN THE PROMOTION. Except where prohibited by law, by accepting prize, winner grants Sponsor a perpetual worldwide, royalty-free license to use the winner’s name, photograph, voice, and/or likeness without further authorization, compensation or remuneration of any kind for advertising, promotion and other publicity purposes in any and all media now or hereafter known throughout the world.Winner’s Name. The name of the winners is available only within sixty (60) days after the close of the Promotion. To receive the name of the winners, where permitted by law, or a printed copy of the Promotion Official Rules, please contact Sponsor by email at hello@vinia.com
22. Shipping Address Notice
Please note that upon placing your VINIA order, you are responsible for the information you provide at the time you place your order. We, the company, will not incur fees with regard to shipping errors provided at the time in which your order was placed. VINIA will not be held responsible for address errors, including but not limited to incorrect digits, and should your Vinia order be sent to an incorrect address, we are happy to assist you with placing a new order, at your own cost. If your item is delivered to the wrong address, please email us at hello@vinia.com. If it was our shipping mistake, we will be happy to have your oder reshipped. However, if you provide us with the wrong shipping address when placing your order, we will not be able to reship the item free of cost.
23. Customer Referral Program Terms and Conditions
VINIA ("VINIA" or “We”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program. We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered using Yotpo by VINIA.
Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned.
We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by VINIA).
Children. No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
How the Program Works
Program Participation, Generally
To participate in the Program, Referrers should visit www.vinia.com and follow the on-screen instructions to refer friends or colleagues to the program by entering your email and name for a direct referral link.
Individuals who receive a referral via a Referrer are "Friends" (or, singly, a “Friend”). An "Eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).
By participating in the Program, a Referrer represents that he or she has her Friends’ prior consent to provide their contact information.
B. Eligible Referrer
To be "Eligible," a Referrer must:
Be a legal resident of the United States of America
Not previously have been terminated from the Program.
C. Making a Referral
A Referrer must register at vinia.com to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once a Referrer refers a Friend, he/she will be provided with a confirmation email, and will be contacted if a Qualified Referral is made by the referred Friend within 12 months.
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with VINIA or participate in the Program using multiple or fake email addresses or identities.
D. Qualified Referrals
A “Qualified Referral” means that all the following conditions are met:
The Friend had not previously made a purchase with VINIA under any email address or alias;
The Friend is a) a legal resident of the United States of America and b) at least 18 years old; and
Only one Qualified Referral can be earned for each Friend, up to a maximum of ten (10) Friends per calendar year, unless otherwise allowed by VINIA. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
E. Earning Rewards
Referrers shall receive one (1) reward (each, a “Reward”) in the form and value determined by VINIA for each verified Qualified Referral generated by Referrer. A maximum of ten (10) Rewards may be earned by Referrer per calendar year for Qualified Referrals. Any additional or subsequent referrals made by a Referrer will not be considered Qualified Referrals and thus not be entitled to the Reward, unless otherwise allowed by VINIA.
Rewards may be redeemed at VINIA’s sole discretion, including, but not limited to purchases and discounts on the vinia.com website.
F. Verified Qualified Referrals
Rewards are subject to verification. VINIA may delay a Reward for the purposes of investigation. VINIA may also refuse to verify and process any transaction VINIA deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on VINIA, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of VINIA's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
G. Transfer and Value of Credit and Rewards
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
Privacy.
Referrers may participate in the Program made available by VINIA in order to refer their Friends to VINIA as potential new VINIA customers. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that VINIA can send communications to the Friends on the Referrers’ behalf. The personal information will be collected, processed and used in accordance with VINIA’s Privacy Statement, which can be found at https://vinia.com/pages/privacy-policy. Referrers understand that, in addition to the initial communications to Friends, VINIA may also use the personal information to send to Friends additional follow-up communications on behalf of the Referrers in order to encourage or remind the Friends to complete a purchase. The personal information may also be used by VINIA to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from VINIA.
III. Content Ownership and Use.
VINIA’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and VINIA, all Content is the property of VINIA or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on VINIA’s online platform or the Program is the exclusive property of VINIA and is protected by copyright, trademark, and other laws.
B. License to You
VINIA authorizes you, subject to these terms, to access and use VINIA’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
C. Trademarks
The registered or unregistered logos, product and service names contained in VINIA’s online platform or the Program are or may be trademarks of VINIA or its licensors. Without VINIA’s prior written permission, and except as solely enabled by any link as provided by VINIA, you agree not to display or use in any manner.
D. User-Submitted Content
The registered or unregistered logos, product and service names contained in VINIA’s online platform or the Program are or may be trademarks of VINIA or its licensors. Without VINIA’s prior written permission, and except as solely enabled by any link as provided by VINIA, you agree not to display or use in any manner.
Liability
A. By participating in the Program, Referrers agree to:
Be bound by these Terms and Conditions, the decisions of VINIA and its designees, and the Privacy Policy of VINIA;
Defend, indemnify, release and hold harmless VINIA, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward);
B. VINIA shall not be liable for:
Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
Claims, demands, and damages in disputes among Referrers or between Referrers and Friends; or
Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to VINIA at the relevant time.
C. VINIA disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond VINIA’s control corrupt the administration, security or proper operation of the Program.
D. VINIA shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of Gods, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. VINIA reserves the right to cancel or suspend the Program should VINIA determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND VINIA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) VINIA MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. Limitation of Liability and Indemnification
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT VINIA (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINIA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, VINIA'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
Conduct.
If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), VINIA reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
Referrers agree not to use the Program to:
Violate applicable law;
Infringe the intellectual property rights of VINIA or any third parties;
Stalk, harass, or harm another individual;
Collect or store personal data about other Referrers;
Impersonate any person or otherwise misrepresent Referrer's identity;
Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Referrer's use of the Program;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution ("Spam")
If a Referrer provides a Personal Link to vinia.com to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in VINIA’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. VINIA has a no-tolerance spam policy.
VINIA has no obligation to monitor the content provided by Referrers; however, VINIA may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
While VINIA is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify VINIA and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
D. Fraudulent and Suspicious Behavior
VINIA may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in VINIA’s sole discretion, if VINIA determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of VINIA.
Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
VINIA reserves the right to disqualify any Referrer and/or cancel any Reward(s) if VINIA finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, VINIA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Suggestions and Submissions.
VINIA appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that VINIA does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While VINIA values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send VINIA Creative Ideas, VINIA:
Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).
B. Referrers and VINIA agree to submit to the personal and exclusive arbitration of any disputes relating to the use of VINIA’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Los Angeles County in the state of California. Referrers covenant not to sue or otherwise bring a claim against VINIA in any other forum.
C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:
REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
VIII. General Terms.
These terms constitute the entire agreement between Referrers and VINIA concerning Referrers' use of the Program. The failure of VINIA to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, VINIA and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.