These Automatically Renewing Subscription Terms (“Subscription Terms”) are Additional Terms subject to NuZee Inc. (“NuZee”) (for the purposes of these Subscription Terms, “Stone Roasting”, “us”, “our”, or “we”) Terms and Conditions and govern any orders to enter into subscriptions and subscriptions initiated and maintained via the Website (“Subscriptions”). Other Additional Terms may apply. Capitalized terms not defined in these Subscription Terms shall have the meaning as such capitalized terms are defined in the Terms and Conditions.
The Website is a “co-branded service”, where NuZee Inc. and Stone Brewing have entered into an arrangement that Nuzee provides and maintains the Website, including its services, products, and features such as Subscriptions. By accessing or otherwise using the Website, including initiating or maintaining a Subscription, you agree to be bound to these Terms in an agreement with Nuzee (also referenced herein as Stone Roasting), and not with Stone Brewing.
You shall be deemed to have accepted these Subscription Terms by purchasing a Subscription.
Acceptance, Billing, and Payment. All billing information provided must be truthful and accurate. YOU AGREE THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY SUBSCRIPTION. By entering into a Subscription, you grant to Stone Roasting the right to provide such information to external parties for purposes of facilitating the completion of Subscriptions initiated by you or on your behalf. Providing any false, untruthful or inaccurate information constitutes a breach of this agreement for which we may cancel your Subscription and seek other remedies to the fullest extent permitted by applicable law. When you place an order, it is an offer and we do not accept the offer until we have completed the transaction. Before accepting an order, we may request additional information from you and we reserve the right to reject Subscriptions, or to cancel them after acceptance subject to providing you a prorated refund for Subscriptions. Information regarding acceptable payment methods and shipping destinations is provided during the checkout process.
You agree to pay Stone Roasting the amount that is specified in the payment plan of the Subscription in accordance with the terms of such Subscription and these Subscription Terms. Stone Roasting may request a pre-authorization for orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your order during the checkout process, you agree to accept and pay for the order. If you have an insufficient amount of funds to complete a Subscription, we may at our sole discretion, cancel the Subscription.
If you make an order, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you make an order, you will do so under the supervision of a legal guardian who agrees to be bound to these Subscription Terms on your behalf.
Pricing.All prices are subject to change without notice. Such changes are applied prospectively and do not apply to your completed past Subscriptions, where the full length of the Subscription has already been paid or where the Subscription has a limited length of time before necessitating a renewal (e.g., a one-year subscription paid in full up front or a renewable one-year subscription paid on a monthly basis). For Subscriptions that autorenew, we will provide you notice of any price changes before the Subscription autorenews to provide you the opportunity to cancel before the autorenewal. Some prices may be limited time promotional discounts. Such limited time promotional discounts are described at the time of you entering into the applicable Subscription. Pricing errors may occur from time to time. The price charged for a Subscription will be the price in effect at the time the order is placed.
Promotions.We may offer promotions that include Additional Terms that may apply to your order. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Subscription Terms conflict, these Subscription Terms govern with respect to Subscriptions.
Subscription Delivery.For each Subscription you will receive a delivery confirmation email.
Subscription Duration and Automatic Renewals.Subscription durations may have different ranges depending on your Subscription cycle preference (e.g., monthly, quarterly, yearly). Your Subscription will automatically renew at the beginning of each Subscription cycle unless you cancel the Subscription before the beginning of its next cycle. In order to avoid charges to your preferred payment method, you must cancel before a Subscription or Subscription renewal begins. Before your Subscription renews you will be sent a reminder notice specifying the price (plus processing and any applicable sales tax) and billing terms for the next Subscription cycle and your preferred payment method will be charged accordingly. Subscriptions can only be assigned to one user at a time; they cannot be shared. Upon expiration of a Subscription, access will be blocked.
Cancellations.To cancel a Subscription renewal you may be able to through your online account or profile settings, or by contacting us at firstname.lastname@example.org. You may only cancel a Subscription before a Subscription cycle begins. For example, if you are set to begin a yearly Subscription in January, you may cancel the Subscription before January. You may not cancel a Subscription cycle that has already begun and has yet to end.
To the fullest extent permitted by applicable law, we may reasonably refuse, terminate, or cancel a Subscription such as for limitations on eligibility requirements, inaccuracies or errors in Stone Roasting-provided services or pricing information, or problems identified by our credit and fraud avoidance partners, with no further obligations to you, even after your receipt of an order confirmation.
If your Subscription is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Stone Roasting may, at its discretion and as permitted by applicable law, either contact you for cancellation instructions or cancellation notification and receipt.
Errors.In the event of an error, whether via our Service, in a Subscription confirmation, in pricing, in processing your order, or otherwise, we reserve the right to correct such error and revise your Subscription accordingly or to cancel the Subscription and refund any amount received. If the price of your Subscription is less than the price stated to you, you will be charged the lower amount. If the price of your Subscription is higher than the price stated to you, you will be contacted for your instructions before your order is accepted. If we revise the price of your Subscription and you do not agree to the new price, you may seek a refund.
Refunds and Termination of Subscriptions.Unless otherwise specified, all Subscriptions are non-refundable and non-transferable. Discretionary pro-rated or full refunds will only be provided after a claim is filed with email@example.com. Except where refunds may be required under applicable laws, or as otherwise permissible by these Subscription Terms, Stone Roasting reserves the right to issue refunds at our sole discretion. Refundable claims include, but are not limited to, double charges, errors in pricing, and accidental purchases. If we provide a refund, your payment method will be credited for returned item(s) within 30 days of our confirmation of such refund.
Pursuant to the Terms and Conditions , in the event Stone Roasting terminates your Subscription without cause, Stone Roasting may offer a pro rata refund subject.
Free Trials.Stone Roasting may offer Subscriptions that begin with a free trial period (“Free Trial Period”). Stone Roasting may require you to provide billing information at any point during the Free Trial Period, where at the end of the Free Trial Period, your Subscription cycle will begin and reoccur until you cancel. Stone Roasting reserves the right to modify, cancel, and/or limit the Free Trial Period without notice at any time.
Security and Notification of Unauthorized Use. You agree to maintain reasonable security measures to protect against unauthorized users gaining access to Subscriptions and the Subscription management application. You will promptly notify Stone Roasting if you become aware of any unauthorized use of the Subscriptions or Website or any violation or threatened violation of Stone Roasting’s intellectual property rights, or the intellectual property rights of third-parties, therein. You agree to cooperate with Stone Roasting and render such assistance as Stone Roasting may reasonably request to identify, halt and/or prevent any violation of such rights.
Changes to these Terms.We may make changes to these Subscription Terms, including when there are changes in our services, technology, law and regulation, or for other reasons. If we do, we will provide you notice of such changes by posting the updated Subscription Terms and changing the “Last Updated” date above, and you agree that is a sufficient form of notifying you of changes. Any changes become effective when posted unless a later date is provided in the posting, and apply prospectively after such changes become effective, except that, notwithstanding anything to the contrary, changes addressing new functions of our service or changes made for legal reasons will be effective immediately. If you continue to access, use, or enter into Subscriptions after the “Last Updated” date, you will be deemed to have accepted and agreed to such changes. IF YOU DO NOT AGREE TO ANY AMENDMENTS, YOU MUST DISCONTINUE USING THE WEBSITE TO ENTER INTO ANY SUBSCRIPTIONS.
Disputes/Binding Arbitration.Except where prohibited by applicable law, any dispute or claim arising from or relating to these Subscription Terms is subject to the provisions related to “Dispute Resolution / Class Action Waiver”, “Disclaimer of Representations and Warranties”, “Indemnity”, and “Limitation of Our Liability” and all other terms in our Terms and Conditions.
Limited Remedies, Damages Exclusion.As permitted by applicable law, and subject to our Terms and Conditions, Stone Roasting’s total, cumulative liability arising from or in connection with your Subscriptions will be limited to the amount you have paid Stone Roasting for your Subscriptions for each Subscription that caused such loss. In no event will Stone Roasting be liable for incidental, consequential, indirect, special or punitive damages, or lost revenue, data or profits, arising from or in connection with Subscriptions.
Nothing in these Subscription Terms excludes or limits our liability for any matter in respect of which it would be unlawful for us to exclude or restrict our liability. We are not responsible for any loss or damage that is not foreseeable. We are not liable for any loss or damage suffered by you as a result of your breach of these Subscription Terms, our Terms and Conditions, [Link] or applicable Additional Terms.
Contact Information.If you have any questions or concerns you may contact us by emailing firstname.lastname@example.org.