TERMS AND CONDITIONS

LEGAL NOTICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this “Agreement”). PLEASE READ THIS AGREEMENT BEFORE USING THIS SITE.

EFFECTIVE AS OF 1 MARCH 2015. LAST UPDATED 12 NOVEMBER 2018.

These Terms and Conditions apply to all visits and use of the website of Inspiratus Ltd. d.b.a. Eupepsia, Eupepsia Medical Clinic LLC and/or its group companies (hereinafter in this document referred to as “Eupepsia”): www.eupepsia.com (“Site”), as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. Should you object to any term or condition of the terms of use or privacy policy, you may not access or use the website and you should not agree to provide submissions to the Site.

ABOUT US – OWNERSHIP OF CONTENT

The Site is owned and operated by Eupepsia. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, applications and software (“Content”), is owned by Eupepsia, its business partners, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Eupepsia, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of Eupepsia group of companies, its business partners or its licensors unless otherwise expressly agreed.

You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

Copyright

The copyright in all Content is and remains owned by Eupepsia. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Eupepsia. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Eupepsia. Eupepsia does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Eupepsia or its providers retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

Trademarks

All trademarks, service marks and trade names of Eupepsia or its partners used herein (including but not limited to: the word marks and logos related to Eupepsia) are trademarks or registered trademarks of Eupepsia or its affiliates or business partners, unless stated otherwise.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Eupepsia trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Eupepsia’ prior written consent. The use of Eupepsia trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Eupepsia.

Submissions of User Content

You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Eupepsia or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Pinterest and Google+, that are associated with hashtags related to Eupepsia.

If your Submission is selected by Eupepsia to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook (if applicable) profile information (such as your handle and profile picture). Eupepsia is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Eupepsia, its affiliated entities, vendors, business partners and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including, but not limited to, Instagram, Twitter, Facebook, YouTube, Pinterest, Snapchat and Google+’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Eupepsia, our vendors, business partners and third parties such as Instagram, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.

Eupepsia reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Eupepsia is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Eupepsia, including its licensors and/or vendors, and Eupepsia does not endorse any such opinions, statements, or materials. You acknowledge and agree that Eupepsia has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

You agree not to transmit to Eupepsia any information or post, email, or otherwise make any Submission of User Content that:

• is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
• is pornographic or depicts a human being engaged in actual sexual conduct;
• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person or entity, including, but not limited to, a Eupepsia’ and Eupepsia’ business partners’ employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• that includes personal or identifying information about another person without that person’s explicit consent;
• is false, deceptive, misleading, or deceitful;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
• constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Eupepsia users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
• advertises any illegal service;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website;
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website:
• that is infringing any law or regulation or could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law;
• through which you advertise or perform any commercial solicitation.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
• “stalk” or otherwise harass anyone through the Website;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website;
• post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; post any deceptive events;
• attempt to gain unauthorized access to Eupepsia computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

Eupepsia reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to Eupepsia.

From time to time Eupepsia makes it possible to view and distribute content generated by you, for instance through e-postings, blogs, other social media linkages and sending postcards to other persons. If you make use of this you acknowledge that Eupepsia only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users.

Unsolicited ideas

Eupepsia maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Eupepsia. You should therefore not post any Materials on the Site or send these to Eupepsia by e-mail or otherwise.

Minimum age for transactions, booking tool, payment gateway and establishing an account

Users of all ages are welcome to browse the Website however, you may only transact on the Site, use its booking tool and payment gateway or establish an account if you are 18 years of age or over. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

Certain areas on this Website may contain Eupepsia confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Eupepsia confidential information, may be a violation of Eupepsia’s rights and are strictly prohibited. By accessing Eupepsia confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.

Eupepsia may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Eupepsia may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.

RESERVATIONS AT Eupepsia Wellness Resort (“RESORT”)

You shall make only legitimate reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or modify reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support on info@eupepsia.com. The booking/reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.

You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorised by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.

The Site contains details of room rates, meals and packages, resort charges and all applicable taxes (including any available special offers).

No contract will subsist between you and Eupepsia or any of its affiliates in respect of any services or products offered through the Site unless and until Eupepsia accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the Resort reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.

CANCELLATIONS, REFUNDS, METHOD OF PAYMENT AND PAYMENT CONDITIONS

Payment Terms and Conditions

At the time of confirming your reservation, you shall pay for a minimum of 50% of the total amount corresponding to your accommodation, programmes, treatments and/or other services by credit card or by bank transfer. Furthermore, at the time of check-in, we will proceed to make a charge on your credit card for the remaining amount of the total contract. If you do not have a credit card, payment must be made in cash or with a debit card.

Upon check-in, you will be asked for your credit card number to guarantee the payment of all the services, treatments or products that you require before and/or during your stay at Eupepsia.

Forms of payment accepted are: cash, bank transfer to the account provided by Eupepsia and authorized credit card. The term cash will be understood as paper money and legal tender currency in the USA. Card payments will be made in the guest’s own national currency unless expressly indicated otherwise, in which case payment will be charged in USD.

Cancellation Policy and Reservation Modification

In case of cancellation of your stay, the penalties indicated below will apply, according to the moment of notification:

• Any stay cancelled 30-15 days prior to date of arrival will have a penalty of 50% of the contracted stay, including services and treatments.
• Any stay cancelled 14-8 days prior to date of arrival will have a penalty of 75% of the contracted stay, including services and treatments.
• Any stay cancelled less than 8 days prior to the arrival or if the guest never appears, there will be a penalty of 100% of the contracted stay, including services and treatments.

Where appropriate to return a deposit paid by credit card, or part of it, and if more than 30 days have lapsed from the payment thereof, reimbursement may be made only by bank transfer to the account indicated by the guest or via PayPal.

Once the guest checks-in, in case of early departures, for any reason whatsoever, the total contracted services will be charged, without the possibility of reimbursement or repayment.

Cancellation and Modification Policy for programs and/or extra treatments

The pre-contracted program can be modified by another program or it can be cancelled and replaced by a la carte treatments without penalty up to 7 days before arrival. Once this time limit has passed, a penalty of USD500 will be applied in case of a change or modification of a pre-contracted 4+ days long program.

The extra treatments and services contracted during the reservation process may be modified by other treatments and services, but may not be cancelled, except that it may be changed or modified provided there is availability and the change/modification is requested before 18.00h of the day prior to the treatment day. In case the treatment or service is cancelled at times other than the established ones, the full cost will be automatically charged to your account.

General Payment Terms

You undertake that all details you provide to in connection with any services or products which may be offered by Eupepsia on the Site (including Resort room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Eupepsia reserves the right to obtain validation of your credit card details before providing you with any services or products.

We accept payments using Amex, Visa and MasterCard credit card.

Estimated rates displayed are based on exchange rates at the time of inquiry. If payments are invoiced in any local currency, they will be subject to the global exchange rates at the time of your final transaction confirmation.

All offers are subject to availability at the time of reservation. Offers are not valid in conjunction with any other offer or contract and do not apply to groups. Rates are per person, per night and vary with the type of package, room, length of stay and date of arrival, and do not include applicable taxes, service charges, levies, resort fees, gratuities or surcharges, unless otherwise expressly noted. Rates are subject to change.

Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and merchant policies and rules.

Transport, arrival and check in / check out times

Regular check-in time is 3:00 pm and check-out time is 12:00 noon. However, you can book an early check-in or a late check-out for 25% off the Room Rate. Please contact Eupepsia directly to confirm if either option is available during your stay.

Eupepsia provides transport to and from the Roanoke, VA, and Charlotte, NC, airports for a fee. The fee is per party for up to 5 people on one booking.

Eupepsia Wellness Resort Policies

Eupepsia is strictly an alcohol free, substance free, and smoke free facility. We also do not serve meat and meat products. Eupepsia promotes quiet, relaxing environment, free of any disturbances. Guests who might engage in inappropriate behaviour in contravention with the Center Policies will be notified and asked to rectify such behaviour. If such behaviour persists, they may need to be asked to leave.

To preserve the relaxing atmosphere and the comfort of all our guests, Eupepsia does not allow pets on the property. Exceptions can be made only for valid health reasons at the discretion of the Eupepsia management.

Any person 12 years old and under is considered as child. We welcome families with children during specific times of the main school holidays in June and July and during the Christmas holiday. During these times we create special wellness programs for parents and special personal development programs for children aged 4 – 12 years old, which take place at designated places on the Eupepsia property. Eupepsia shall not be responsible for any acts of the children or anything that happens to the children outside the property of Eupepsia or outside of the activities organised by Eupepsia.

Children aged 0 – 3 may come during the designated times of the year only under the sole responsibility of their parents and Eupepsia waives any liability whatsoever in relation to them.

LIABILITY AND DISPUTE RESOLUTION

We do not accept any liability for user and third party generated content on our website and any consequential and indirect liability.

Indemnity

You agree to indemnify and hold Eupepsia, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers, business partners and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions (as mentioned above), your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Changes to the terms

The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Eupepsia reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Modifications will be effective on the day they are posted. Customers are encouraged to frequently visit these sections in order to be updated about the changes on the website. Your continued use of the Site following the posting of changes to these terms (including Eupepsia Privacy Policy) will mean you accept those changes.

Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the state of Virginia, USA. Consequently, any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Virginia, USA and the parties hereby submit to the non-exclusive jurisdiction of the Virginia Courts. USA is our country of domicile. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.

This Site will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the US federal laws.

Claims

You must provide us with the following Notice:

• Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature. If valid, Eupepsia will remove the infringing posting(s).

YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING ANY RIGHT YOU OR WE MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING REGARDING ANY “DISPUTES”, INCLUDING ANY “IP PROTECTION ACTION” AND “OTHER ACTION”.

CONTACT US

If you have any questions or comments about the Site or any of our services, please write to us:

Eupepsia Wellness Resort
13066 West Blue Grass Trail
P.O.Box 587
Bland, Virginia 24315
info@eupepsia.com
+1 276 722 0584

LAST UPDATED 12 NOVEMBER 2018. Eupepsia®