Book An Appointment

Terms & Conditions

Thank you for using Blue Phoenix!

These Terms of Service (“Terms”) are a binding legal agreement between you and Blue Phoenix SAS (“Bue Phoenix”) that govern your right to use the website applications, and other offerings from Blue Phoenix (collectively, the “Blue Phoenix Website” or “Site”). When used in these Terms, “Blue Phoenix,” “we,” “us,” or “our” also refer to the Blue Phoenix Website.

The Site provides information on our health services. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.

  1. Our Mission: We are a wellness company focused on holistic health care. We offer advanced treatments such as mesenchymal stem cells and peptides, which we complement with functional and integrative medicine services.

 

  1. Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Blue Phoenix Site.
  2. Blue Phoenix Website Rules: You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect

    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Do not discriminate against or harass others.

Do no scrape, hack, reverse engineer, compromise or impair the Blue Phoenix Website

    • Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Blue Phoenix Website.
    • Do not hack, avoid, remove, impair or otherwise attempt to circumvent any security or technological measure used to protect the Blue Phoenix Website.
    • Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Blue Phoenix Website.
    • Do not take any action that could damage or adversely affect the performance or proper functioning of the Blue Phoenix Website.

Only use the Blue Phoenix Website as authorized by these Terms or another agreement with us

    • Do not use the Blue Phoenix Website to send commercial messages without the recipient’s express consent.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not use, copy, display, mirror or frame the Blue Phoenix Website, any Blue Phoenix branding or any page layout or design without our consent.

Honor your legal obligations

    • Understand and follow the laws that apply to you, including privacy and data protection laws.
    • If you provide us with someone else’s personal information, you: (i) must do so
    • in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
    • Read and follow our Privacy Policy.
    • Do not use the name, logo, branding or trademarks of Blue Phoenix or others without permission.
    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or another source identifier that may be confused with Blue Phoenix branding.

 

  1. Copyright Notifications. If you believe that any content on the Blue Phoenix Website infringes copyrights or trademarks, please notify us at info@bluephoenix.health.

 

  1. Term, Termination, Suspension and other Measures.

 

    • Term: This agreement between you and Blue Phoenix reflected by these Terms is effective when you access the Blue Phoenix Website and remains in effect until either you or we terminate the agreement in accordance with these Terms.
    • Termination: You may terminate this agreement at any time by sending us an email or by deleting your account. BluePhoenix may immediately terminate this agreement for any reason by giving you written notice via email or using any other contact information you have provided. Blue Phoenix may also terminate this agreement immediately and without notice and stop providing access to the Blue Phoenix Website if you breach these Terms, you violate applicable laws or we reasonably believe termination is necessary to protect Blue Phoenix, its affiliates, partners, customers, suppliers or third parties.
    • If (i) you breach these Terms or our Privacy Policy, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Blue Phoenix believes it is reasonably necessary to protect Blue Phoenix, its affiliates, partners, its customers, suppliers or third parties, Blue Phoenix may, with or without prior notice, suspend or limit your access to or use of the Blue Phoenix Website.
    • For minor violations or where otherwise appropriate as Blue Phoenix determines in its sole discretion, you will be given notice of any intended measure by Blue Phoenix and an opportunity to resolve the issue. You may appeal actions taken by us under this Section 5.3 by contacting customer service at info@bluephoenix.health.
    • Legal Mandates. Blue Phoenix may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 5.3.
    • Effect of Termination. If your access to or use of the Blue Phoenix Website has been limited, or your Blue Phoenix account has been suspended, or this agreement has been terminated by us, you may not access or use the Blue Phoenix Website through an account of another individual.

 

  1. Survival: Parts of these Terms that by their nature survive termination and will survive termination of this agreement, including Sections 2 through 15.

 

  1. Modification: Blue Phoenix may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Blue Phoenix Website and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Blue Phoenix Website will constitute acceptance of the revised Terms.

 

  1. Blue Phoenix’s Role: You acknowledge that Blue Phoenix has the right, but does not have any obligation, to monitor the use of the Blue Phoenix Website and verify information provided by our customers. For example, we may review, disable access to, remove, or edit content to: (i) operate, secure and improve the Blue Phoenix Website (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure end users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address content that we determine is harmful or objectionable; and (v) take actions set out in these Terms. You agree to cooperate with and assist Blue Phoenix in good faith, and to provide Blue Phoenix with such information and take such actions as may be reasonably requested by Blue Phoenix with respect to any investigation undertaken by Blue Phoenix regarding the use or abuse of the Blue Phoenix Website.

 

  1. Disclaimer of Warranties: We provide the Blue Phoenix Website and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example, we do not warrant the performance or non-interruption of the Blue Phoenix Website. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

 

  1. Limitations on Liability: Neither Blue Phoenix (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Blue Phoenix Website will be liable for any incidental, special, exemplary or consequential damages, including loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms and (ii) the use of or inability to use the Blue Phoenix Website.

 

These limitations of liability and damages are fundamental elements of the agreement between you and Blue Phoenix. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

 

  1. Indemnification: To the maximum extent permitted by applicable law, you agree to release, defend (at Blue Phoenix’s option), indemnify, and hold Blue Phoenix (and it’s affiliates, and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Privacy Policy.

 

  1. United States Governing Law and Venue: If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 13 must be brought in state or federal court in Miami, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Miami, Florida.

 

  1. United States Dispute Resolution and Arbitration Agreement.

 

    • This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Blue Phoenix in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 13 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
    • Overview of Dispute Resolution Process. Blue Phoenix is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 13 applies: (1) an informal negotiation directly with Blue Phoenix’s customer service team (described in Section 13.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Blue Phoenix each retain the right to seek relief in small claims court as an alternative to arbitration.
    • Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Blue Phoenix each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Blue Phoenix by mailing it to Blue Phoenix’s agent for service: CR 25 A 1 A SUR 45 CS 1264, Antioquia, Medellin, Colombia.
    • Blue Phoenix will send its notice of dispute to the email address associated with your Blue Phoenix account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at adr.org).

 

  1. Agreement to Arbitrate. You and Blue Phoenix mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Blue Phoenix Website (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Blue Phoenix agree that the arbitrator will decide that issue.

 

    • Exceptions to Arbitration Agreement. You and Blue Phoenix each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Blue Phoenix Website. You and Blue Phoenix agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

 

    • Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

 

    • Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

 

    • Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Blue Phoenix will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
    • Arbitrator’s Decision: The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
    • Jury Trial Waiver: You and Blue Phoenix acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
    • No Class Actions or Representative Proceedings: You and Blue Phoenix acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
    • In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
    • Changes to Agreement to Arbitrate. If Blue Phoenix changes this Section 14 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Blue Phoenix (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Blue Phoenix.
    • This Section will survive any termination of these Terms and will continue to apply even if you stop using the Blue Phoenix Website.

 

  1. Miscellaneous:

 

    • Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Blue Phoenix and you pertaining to your access to or use of the Blue Phoenix Website and supersede any and all prior oral or written understandings or agreements between Blue Phoenix and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Blue Phoenix. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
    • BluePhoenix’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    • You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Blue Phoenix’s prior written consent. Blue Phoenix may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
    • Unless specified otherwise, any notices or other communications to you permitted or required under this agreement, will be provided electronically and given by Blue Phoenix via email, Blue Phoenix Website notification, or any other contact method we enable and you provide.
    • Third-Party Services. The Blue Phoenix Website may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Blue Phoenix is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
    • Blue Phoenix Website Content. Content made available through the Blue Phoenix Website may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Blue Phoenix and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Blue Phoenix Website except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Blue Phoenix grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Blue Phoenix Website and accessible to you, solely for your personal and non-commercial use.
    • Force Majeure. Blue Phoenix shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide to us. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.