Terms of Service
Last updated: July 18, 2020
This website is operated by BioMD Plus Limited. Throughout the site, the terms “we”, “us” and “our” refer to BioMD Plus Limited. BioMD Plus Limited offers this website, including all information, tools and Service/Products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
AGE RESTRICTIONS ON ACCESS AND PURCHASES
You must be at least 18 years old to access this site. If you are under 18 years old you are not permitted to use this site for any reason. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.
Any dispute will be solved in the EU country of our hot desk.
BioMD Plus Limited
Amsterdam, AM 1018VN, Netherlands
By visiting our site and/or purchasing product from us, you engage in our “Service/Products” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service/Products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the legal age in your state or province of residence, or that you are the legal age in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service/Products, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse Service/Products to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service/Products, use of the Service/Products, or access to the Service/Products or any contact on the website through which the Service/Products are provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE/PRODUCTS AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service/Products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service/Products.
PRODUCTS OR SERVICE (IF APPLICABLE)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service/Products will be corrected.
SUBSCRIPTION PRODUCTS OR SERVICE
To cancel your subscription service with bioMDplus limited please send an email to [email protected] and include:
The subscription cancellation email must be received at least 3 business days prior to your renewal date, by 12:00 am EST, failure to meet these terms will result in the cancellation of your subscription service, with bioMDplus LTD, to take place on the following bill cycle.
If you provide us with your credit card information during the payment process, we send it to our PCI-DSS compliant payment gateway for processing using SSL encryption technology. Your credit card information is never stored for use beyond your current transaction.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and our payment processors and service providers.
If you have a subscription and would like to make a change to either the payment method or subscription plan, please complete the following steps.
- Cancel your current subscription.
- Resubscribe to the product of your choice with your payment method of choice.
As always we appreciate you being part of the bioMDplus family! If you have any questions please let us know!
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by re-sellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Service/Products and/or features through the website (including, the release of new tools and resources). Such new features and/or Service/Products shall also be subject to these Terms of Service.
Certain content, products and Services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service/Products.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service/Products or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service/Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service/Products or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service/Products or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service/Products or on any related website, should be taken to indicate that all information in the Service/Products or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service/Products, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service/Products or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service/Products or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service/Products or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service/Products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service/Products will be accurate or reliable.
You agree that from time to time we may remove the Service/Products for indefinite periods of time or cancel the Service/Products at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service/Products is at your sole risk. The Service/Products and all products and Service/Products delivered to you through the Service/Products are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BioMD Plus Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service/Products providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service/Products or any products procured using the Service/Products, or for any other claim related in any way to your use of the Service/Products or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service/Products or any content (or product) posted, transmitted, or otherwise made available via the Service/Products, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless BioMD Plus Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service/Products providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service/Products, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service/Products (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service/Products shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service/Products constitutes the entire agreement and understanding between you and us and govern your use of the Service/Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service/Products).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Biomdplus’s products or services) shall be in the state or federal courts located in Amsterdam, AM 1018VN, Netherlands. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Biomdplus’s products) must be commenced within one (1) year after the claim or cause of action arises. Biomdplus’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
SMS Text Messaging/Email Terms & Conditions
By entering your name, email address and mobile phone number in our website, you are agree to receive text SMS, call and/or email from us periodically.
Coupon Codes and/or Promotional Codes
bioMDplus.com Promotional/Coupon Usage: Terms & Conditions
These are terms and conditions that commonly apply to promotions on bioMDplus.com, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
- All promotional offers are valid for a limited time.
- bioMDplus reserves the right to modify or cancel the offers, promotions and/or coupon codes at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- Offer good while supplies last.
- Offer limited to one per customer and account.
- Offer may not be combined with other offers.
- Each promotional code applies only to qualifying items.
- Shipping charges and taxes may apply to the full value of discounted and free promotional items.
- If the offer has a minimum purchase requirement, taxes, shipping and handling, and gift wrap charges do not apply when determining the minimum purchase amount.
- If the offer is for physical goods, the promotional code applies only to items purchased in a single order and shipped at the same speed to a single address.
- Offer is non-transferrable and may not be resold.
- If any of the products or content related to an offer are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
- If you violate any of the offer terms, the offer will be invalid.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service/Products by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service/Products following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.