Terms and Conditions of Service
PANORAMIC
We welcome you to Biohacking Coach! The terms “we” and “our(s)” refer to Biohacking Coach. Biohacking Coach operates this shop and website, including information, content, features, tools, products and services, in order to provide you, the customer, with an appropriate shopping experience.
(the “Services”). Biohacking Coach is supported by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any information contained therein (“Terms and Conditions of Service” or “Terms”) describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty and liability limitations.
By visiting, interacting with, or using our Services you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you represent that you are of legal age for the state or province in which you reside, and that you have provided us with consent to allow minors connected to you to use the Services on devices in your possession or purchased or operated by you.
In order to use the Services, including accessing or browsing online shops or purchasing products and services offered by us, you may be required to provide certain information such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our shops is correct, current and complete, and that you retain all rights necessary to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign or licence your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made an effort to offer an accurate presentation of our products and services in our online shops. However, the display of colours and appearance of products may vary depending on the type of device you use to access the shop and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online shops.
All product descriptions are subject to change at any time, without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered for any subject, geographic area or jurisdiction from time to time.
SECTION 3 - ORDERS
When you place an order you submit a purchase offer.
Biohacking Coach reserves the right to accept or decline your order at its own discretion for any reason. Your order is not confirmed until Biohacking Coach confirms acceptance. Before accepting an order we must receive and process payment. Please check carefully
the order before submission, as Biohacking Coach may not be able to comply with requests to cancel an order after acceptance. In the event of a refusal, change or cancellation of an order, we will notify you by contacting you via the email, billing address and/or phone number you provided when placing your order.
Your purchases are subject to return or exchange solely in accordance with our Returns Policy You represent and warrant that you are making purchases for personal or family use and not for resale or export.
SECTION 4 - PRICES AND INVOICING
Prices, discounts and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time the order is placed and you will see this in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs or shipping, handling and import charges. The prices published in our online shops may differ from the prices offered in physical or online shops or other shops operated by third parties. From time to time we may make offers on the Services that affect prices and that are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer shall prevail. For all purchases made in our shops, you agree to provide correct, current and complete purchase, payment and account information. You agree to immediately update your account and other information, including email address and credit card numbers and expiration dates, in order for us to complete your transactions and contact you if necessary. You represent and warrant that (i) the credit card information provided by you is true, correct, and complete, (ii) you have authorization to use such credit card for purchases, (iii) the fees charged to you will be fulfilled by the credit card company, and (iv) you will pay the fees charged to you in accordance with published prices, including shipping and handling charges and all other taxes if applicable.
SECTION 5 - SHIPMENT AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping couriers, customs procedures or events beyond our control. Once the products have been transferred to the courier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and organization thereof, are the property of Biohacking Coach, its affiliates or licensors and are protected by United States and foreign patent, copyright and intellectual property laws. These Terms allow you to use the Services for your personal, non-commercial use only. You shall not reproduce, distribute, modify, make copies of, publicly display, publicly perform, republish, download, store, or transmit any materials related to the Services without our written consent. Except as expressly stated, these Terms do not contain anything that grants or may be construed as granting any license or other rights to you under any patent, trademark, copyright or other intellectual property of Biohacking Coach, Shopify or any third party. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Biohacking Coach. Biohacking Coach's names, logos, product and service names, designs and slogans are trademarks of Biohacking Coach or its affiliates or licensors. You shall not use such trademarks without the written permission of Biohacking Coach. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL INSTRUMENTS
You may have access to customer tools offered by third parties as part of the Services and that we do not control or include. You understand and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions, and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Site is at your own risk and discretion, and you must be familiar with and agree to the terms upon which such tools are provided by the relevant third party providers. We may offer new features through the Services (including the release of new tools and resources) in the future. Such new features are considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or maintained by third parties (including embedded third party functionality). It is not our responsibility to review or evaluate the content or accuracy of any such third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not responsible for any problems or damages related to your access to third party websites, or your purchase or use of products, services, resources or content on third party websites. Please read and understand the policies and practices of such third parties carefully before entering into any transaction. Any complaints, concerns or questions regarding third party products and services should be submitted to those third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify's relationship with your shop and should not be removed or edited]. Biohacking Coach is operated by Shopify, which enables us to provide the Services to you. However, sales and purchases made by you in our Shopify are made directly with Biohacking Coach. By using the Services you understand and agree that Shopify is not responsible for any aspect of the sales between you and Biohacking Coach, including any injury, damage, or loss resulting from your purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liability arising out of or relating to your purchases and transactions with Biohacking Coach.
SECTION 10 - PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be found here. By using the Services you confirm that you have read the aforementioned Privacy Policy. As it supports the Services, Shopify collects and processes personal data about your access to and use of the Services in order to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted to and shared with Shopify and third parties that may reside in countries other than your own. Please see our privacy policy [LINK] for more information about how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK
When you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (generally “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose whatsoever, including for commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, to perform our obligations and to exercise our rights as set out in the Terms and Conditions of Service.E 11 - FEEDBACK (cont'd)
You further confirm and agree that: (i) you have the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives you have received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not, and will not be, obliged to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback. Although we are not obligated to do so, we may monitor, edit or remove Feedback that, in our discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or in violation of intellectual property or these Terms of Service. You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, individuality and any other personal or proprietary rights. You further confirm that your Feedback will not include defamatory or otherwise unlawful, offensive or obscene content, nor will it contain viruses or other computer malware that may affect the operation of the Services or any linked website. You must not use a false email address, pretend to be someone else or confuse us or third parties as to the origin of your Feedback. Your Feedback and its accuracy is your sole responsibility. We take no responsibility for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
There may be typographical errors, inaccuracies or omissions in the information on or included in the Services, which may relate to product descriptions, pricing, offers, promotions, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders in the event of errors at any time and without notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may only access and use the Services for legitimate purposes. You may not access or use the Services, directly or indirectly, for: (a) unlawful or malicious purposes; (b) violate local, provincial, state, federal or international rules, regulations, laws or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, injure, defame, slander, disparage, intimidate or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional materials, including “junk email,” “chain letters,” “spam,” or other similar solicitations; (h) impersonate or attempt to impersonate any other person or entity; (i) engage in any other conduct that impedes or inhibits the use of or access to the Services by any other person, or that we deem dangerous to Biohacking Coach, Shopify or users of the Services, or exposes them to liability. In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the operation or functioning of the Services; (b) reproduce, duplicate, copy, sell, resell or disclose any portion of the Services; (c) collect or track personal data about other people; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (e) interfere with or circumvent the security features of the Services or related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this Agreement at any time or discontinue your access to the Services (or any part thereof) at our discretion and without notice to you; you will continue to be responsible for all amounts due until the date of termination. The following sections will continue in effect after termination: Intellectual Property, Feedback, Termination, Limitation of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other provisions that, by their nature, survive termination.
SECTION 15 - LIMITATION OF WARRANTY
The information presented in or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of such information. You rely on such information solely at your own risk. We assume no responsibility or liability for any such materials on the part of you, any visitor to the Services or anyone who may have knowledge of such content. EXCEPT AS EXPRESSLY STATED BY Biohacking Coach, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS OF ANY KIND, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER GUARANTEES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Biohacking Coach, PARTNERS, OFFICERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, TRADERS, SERVICE PROVIDERS OR LICENSORS OF US OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL INJURY, LOSS, CLAIMS OR DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, REPLACEMENT COSTS OR OTHER SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH.
SECTION 17 - COMPENSATION
You agree to indemnify, defend, and hold Biohacking Coach, Shopify, and our affiliates, partners, officers, directors, employees, agents, dealers, licensors, and service providers harmless from any loss, damage, liability, or claim, including reasonable attorneys' fees, made against any third party due to: (1) your violation of these Terms and Conditions of the Services or the documents they contain, (2) your violation of any law or the rights of any third party, (3) your access to and use of the Services. We will notify you of any redressable claims, provided that non-immediate notice does not relieve you of your obligations unless you are materially affected. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims that require non-economic obligations on your part without your consent (which may not be given without reasonable cause). You will cooperate in the defence of non-compensated claims, including by providing relevant documents.
SECTION 18 - DIVISIBILITY
In the event that any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, it shall not be enforceable even to the extent permitted by applicable law, and the severance of the unenforceable portion from these Terms and Conditions of Service shall be considered; such decision shall not affect the validity and enforceability of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Shopify's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and Conditions of Service and any operating policies or rules posted by us on this Site or relating to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us and you (including but not limited to any prior versions of the Terms and Conditions of Service). Any ambiguity in the interpretation of these Terms and Conditions of Service shall not be construed against the party making the agreement.
SECTION 20 - ALLOCATION
You must not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt to do so will be futile and void. We may transfer, assign or delegate these Terms and our rights and obligations hereunder without notifying you or without your consent.
SECTION 21 - APPLICABLE LAWS
These Terms and Conditions of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the federal, state or territorial courts in the jurisdiction in which Biohacking Coach is located. You and Biohacking Coach agree to personal venue and jurisdiction in such courts.
SECTION 22 - TITLES
The headings used in this Agreement are included for convenience only and do not limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can view the current version of the Terms and Conditions of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of changes to any material in these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following changes to the Terms of Service constitutes your acceptance of such changes.
SECTION 24 - CONTACT DETAILS
Questions concerning the Terms and Conditions of Service should be sent to info@biohackingcoach.ch.
