TERMS AND CONDITIONS
Nothing you read here or on this website is to be construed as medical advice. Always consult your doctor before starting any major change in your diet, health programs, or any course of supplementation or treatment, particularly if you are currently under medical care. If you have or suspect you may have a health problem, you should talk to your healthcare provider immediately. Only your doctor should evaluate your health problems and prescribe treatment. Statements about products and health conditions have not been evaluated by the Food & Drug Administration or any other regulatory authority, nor has the FDA or other regulatory authorities evaluated health claims for these products. The FDA has not reviewed or approved these products to diagnose, cure or prevent disease.
SHIPPING: In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Out-of-stock orders will ship once the item is back in stock. How soon you receive the product(s) depends on the shipping method you have chosen. Payment must be received in full before we will ship. This means that we will charge your credit card for product purchased (together with shipping and handling charges) before shipping them to you.
You may contact us at:
We reserve the right to limit quantities available for sale or sold, and the right at any time to reject, correct cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Web Site, we will provide you with an opportunity to place an order at the correct price. Advertisements on our Web Site are invitations to you to make offers to purchase products and services on the Web Site and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a invoice email to your email address. That invoice email constitutesour acceptance of your order and forms a legally binding contractwith Bony Acai USA. The total price of your order will be charged to your credit card when our invoice email has been sent to your email address.Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
with the product you have purchased in your order, we will gladly give you a full refund (excluding shipping) if you simply return the unused product and the packaging for the product that you have used postage prepaid by you along with a short letter explaining why you are unsatisfied. Your request for a refund must be received by us within 14 days of the date of the invoice for your first order. We will refund you 100% of the product purchase price (excluding shipping and handling) within 30 days after that using the same method of payment that you used to purchase the product.
WEBSITE TERMS OF SERVICE
WEBSITE TO Bony Acai USA. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE Bony Acai USA WEBSITE. IT EXEMPTS Bony Acai USA AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
CHANGES TO THIS AGREEMENT Bony Acai USA may in its sole discretion change this agreement from time to time as it relates to future use of this website, by posting a revised agreement on the website. By using the website after this revised agreement has been posted, you signify your acceptance and agreement to be bound by the revised agreement. You may not change this agreement in any manner.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement 2. Permission to Use the Website 3. Ownership and Permitted Use of the Website 4. Misprints and Errors, Product availability and Prices 5. Trademark Information 6. No Linking, Framing, Mirroring, Scraping, Data Mining or Postings 7. Login Names and Passwords 8. Contests 9. Unsolicited Submissions 10. YHour Information 11. Disclaimers, Liability Exclusions/Limitations and Indemnity 12. Personal Information Privacy 13. Other Sites/Resources 14. Termination 15. Governing Law and Dispute Resolution 16. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Bony Acai USA regarding your access to and use of Bony Acai USA’s website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement may also provides benefits to Bony Acai’s affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with Bony Acai USA, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Bony Acai USA the right to request proof of identification and age (for example, proof of your ability to purchase certain games).
3. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Bony Acai USA and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Bony Acai USA. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Bony Acai USA endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Bony Acai USA cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Bony Acai USA does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.Bony Acai USA reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in US dollars.
5. TRADE-MARK INFORMATION
Bony Acai USA™, and other names and logos appearing on or in connection with Website (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Bony Acai USA or their respective owners or licensees.Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-
MINING OR POSTINGS
Links to the Website without the express written permission of Bony Acai USA are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. Bony Acai USA may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website may be accessible only to users who have been issued a login name and password (collectively “Passwords”) by Bony Acai USA. For the purposes of accessing the Website, the Passwords remain the property of Bony Acai USA and may be cancelled or suspended at any time by Bony Acai USA in its discretion without any notice or liability to you or any other person.
Bony Acai USA is not under any obligation to verify the actual identity or authority of any person using Passwords to access and use the Website. Bony Acai USA may act upon any communication that is given with the use of Passwords. Bony Acai USA may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Bony Acai USA is not satisfied with such proof.
If you have been issued Passwords: (a) you are fully responsible and liable for the security of the Passwords and any and all use and misuse of the Passwords; (b) you will keep the Passwords secure and confidential at all times and not disclose the Passwords to any other person or permit any other person to use the Passwords; (c) you will ensure that all uses of the Passwords comply with this Agreement.
From time to time Bony Acai USA may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
9. UNSOLICITED SUBMISSIONS
If you send submissions, testimonials or suggestions (“Submissions”) to Bony Acai USA or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Bony Acai USA and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Bony Acai USA or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Bony Acai USA and its successors, assigns and licensees.
10. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Bony Acai USA will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Bony Acai USA or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
11. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANT ABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Bony Acai USA TO THE FULLEST EXTENT PERMITTED BY LAW.
Nothing you read here or on the Bony Acai USA website is to be construed as medical advice. Always consult your doctor before starting any major change in your diet, health programs, or any course of supplementation or treatment, particularly if you are currently under medical care. If you have or suspect you may have a health problem, you should talk to your healthcare provider immediately. Only your doctor should evaluate your health problems and prescribe treatment. Statements about products and health conditions have not been evaluated by the U.S. Food & Drug Administration or any other regulatory authority, nor has the FDA or other regulatory authorities evaluated health claims for these products. The FDA has not reviewed or approved these products to diagnose, cure or prevent disease.
Bony Acai USA AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Bony Acai USA OR ANY PERSON FOR WHOM Bony Acai USA IS RESPONSIBLE, AND EVEN IF Bony Acai USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. Bony Acai USA’s TOTAL LIABILITY TO YOU FOR DAMAGES IS LIMITED TO THE AMOUNT OF THE PRODUCT PURCHASED BY YOU, PLUS SHIPPING AND HANDLING.ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONSTHE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
12. PERSONAL INFORMATION PRIVACY
13. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Bony Acai USA, and Bony Acai USA has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Bony Acai USA does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Bony Acai USA arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Bony Acai USA, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Bony Acai USA may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Bony Acai USA may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Bony Acai USA will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
15. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Utah and applicable federal laws of USA. Any dispute between you and Bony Acai USA or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of Utah and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
16. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement ensures to the benefit of and is binding upon each of Bony Acai USA and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Bony Acai USA may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
17. Customer Loyalty Program
Customers opting in to our Customer Loyalty Program are immediately eligible for auto-ship option at discounted promotional rate. Customers who sign up for our Customer Loyalty Program will receive same-day shipping on all products for life as well as be eligible for special offers and bonuses not available to regular customers. By signing up for the Customer Loyalty Program, you agree to receive monthly refill deliveries of your product and have your credit card automatically charged for these purchases at the rate of $49.95 per month minus $7.99 Shipping and Handling, starting 14 days from the day of your membership activation, and each subsequent 30 days thereafter until cancelled. Your credit card will only be billed when each fresh supply of your product is sent out. If you wish to cancel your membership at any time simply contact us by phone 1.855.884.2224.
18. 14 Day Trial Terms
Customers opting into our Special Trial Offer receive their first 30-day supply of Bony Acai Energy Sticks for paying a $7.99(USD) Shipping & Handling fee. If you feel Bony Acai Energy Sticks are not for you, you may cancel within 14 days from day of initial purchase in order to avoid enrollment into our Customer Loyalty Program, which will provide you with unlimited monthly supply each subsequent 30 days from date of enrollment at the rate of $49.95 minus Shipping & Handling fee of $7.99. For first time purchasers during the 14 day trial period, if for any reason you are not completely satisfied with the product you have purchased in your first order, we will gladly give you a full refund (excluding shipping) if you simply return the unused product and the packaging for the product that you have used postage prepaid by you along with a short letter explaining why you are unsatisfied. Your request for a refund must be received by us within 14 days of the date of the invoice for your first order and include an RMA number obtained by calling 1.855.884.2224. Subsequent to the Trial Period, Cancellation requests must be made within twenty-four (24) hours of the thirtieth (30th) day from the day of the last charge to your credit card in order to avoid the next product shipment and charge. Billing charges will appear as Bony Acai USA on your credit card statement. If you wish to cancel your enrollment at any time, simply contact us by phone: 1.855.884.2224.
19. Return/Refund Policy
We offer a 60 day return policy on all orders. Orders returned within the 60 day period will be eligible for refund less shipping charges and a $20.00 restocking fee. You must call 1.855.884.2224 to obtain an RMA number that must be included with all returned products.
20. Customer Service
If you are unsatisfied with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us at 1.855.884.2224 and we will be happy to assist you.Any rights not expressly granted by these Terms of Service are reserved to Bony Acai USA. You may contact Bony Acai USA by email, or postal mail:
Bony Acai USA
Carlsbad, CA 92010
3220 Grey Hawk Court