TERMS AND CONDITIONS OF USE OF THE WEBSITE
www.biohaq.ro

Framework contract between Biohack Labs S.R.L. and the users/customers of the website

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This document (hereinafter the "Terms" or the "Terms and Conditions") sets out the conditions for accessing and using the website www.biohaq.ro (hereinafter the "Website"), as well as the conditions under which the services offered through it are sold and provided. Please read this document carefully before using the Website, creating an account or placing an order.

Art. 1. Information about the Website operator

(1) The website www.biohaq.ro (trademark "BiohaQ") is owned and operated by:

BIOHACK LABS S.R.L.

Registered office: Str. Gral. Traian Moșoiu, nr. 42-44, parter, Cluj-Napoca

Trade Register number: J2025047873002

Unique Registration Code (CUI): RO52083181

Place of service provision: Str. Gral. Traian Moșoiu, nr. 42-44, parter, Cluj-Napoca

Telephone: 0721.376.263 · E-mail: office@q-clinic.ro

hereinafter the "Operator", the "Provider" or "BiohaQ".

(2) This document constitutes and fulfils the information obligation laid down by the legislation in force.

Art. 2. Definitions

In this document, the terms below have the following meanings:

a) Website – the domain www.biohaq.ro and its related subdomains, together with their entire content;

b) User – any person who accesses the Website, whether or not they place an order;

c) Customer – the natural or legal person who places an order and/or receives Services;

d) Consumer – any natural person acting for purposes outside their commercial, industrial, production, craft or professional activity, within the meaning of Government Emergency Ordinance (OUG) no. 34/2014 and Government Ordinance (OG) no. 21/1992;

e) Services – the health optimisation, assessment and wellness services sold through the Website (intravenous therapies, InBody 770 body composition scanning, VO₂ Max testing, cryotherapy (IceLab), hyperbaric oxygen therapy (HBOT), transcranial magnetic stimulation (EXOMIND), personalised plans and other services displayed on the Website);

f) Order – the Customer's expression of intent to purchase one or more Services, under these Terms;

g) Appointment – the Customer's booking of a specific time slot for the actual provision of the Service at the Provider's place of business;

h) Contract – the distance contract concluded between the Provider and the Customer, under Art. 7;

i) Account – the section created by the User through registration, which allows them to manage their orders and personal data.

Art. 3. Subject matter and acceptance of the Terms

(1) This document governs the relationship between the Operator, on the one hand, and the Users/Customers, on the other, with regard to the use of the Website and the purchase of the Services.

(2) Accessing and/or using the Website, creating an Account and/or placing an Order implies full and unconditional knowledge and acceptance of these Terms. Users who do not agree with the Terms are asked not to use the Website.

(3) These Terms are supplemented by the Privacy Policy, the Appointment Cancellation Policy and any other policies published on the Website, which form an integral part of the contractual relationship.

Art. 4. Nature of the Services. Essential medical clarifications

IMPORTANT. The Services offered through the Website are intended to optimise health and to assess and improve physical and cognitive performance. The Services do not constitute emergency medical services and do not replace a specialist medical consultation, the establishment of a diagnosis or the treatment of a condition. They must not be used as a substitute for the medical care provided by the attending physician.

(1) Certain Services (in particular intravenous therapies, hyperbaric oxygen therapy and EXOMIND transcranial magnetic stimulation) are acts with a medical component and are performed exclusively under medical supervision, by qualified staff, within a setting authorised in accordance with the applicable legislation on medical activity.

(2) The provision of Services with a medical component is conditional upon a prior assessment and the identification of any contraindications. The Provider reserves the right to refuse or discontinue the provision of a Service where, in the opinion of the medical staff, its provision would be contraindicated or would pose a risk to the Customer's health.

(3) The Customer is obliged to communicate, fully and accurately, the information about their health requested during the assessment (pre-existing conditions, allergies, pregnancy/breastfeeding, current medication, etc.). The provision of incomplete or incorrect information releases the Provider from liability for the consequences arising therefrom.

(4) The results of assessments and the effects of the Services are individual and may vary from person to person; the Provider does not guarantee that any particular result will be achieved.

(5) Informed consent for acts with a medical component is obtained separately, at the place of business, prior to provision, in accordance with the applicable legislation.

Art. 5. User account and use of the Website

(1) The use of certain features may require the creation of an Account. The User is responsible for the accuracy of the data provided and for the confidentiality of their login credentials.

(2) The User undertakes not to use the Website in a manner that: (a) infringes the law or the rights of third parties; (b) affects the security, operation or integrity of the Website; (c) involves unauthorised data extraction, unauthorised access or the introduction of harmful software.

(3) The Operator may suspend or restrict access in the event of abusive use or use contrary to these Terms.

Art. 6. Intellectual property

(1) The entire content of the Website – including, without limitation, texts, graphics, logos, the "BiohaQ" name and trademark, photographs, video materials, and the structure and design of the Website – is the property of the Operator or its licensors and is protected by Law no. 8/1996 on copyright and related rights and by the legislation on industrial property.

(2) Copying, reproducing, distributing, publishing or using the content of the Website in any way, for commercial or other purposes, without the prior written consent of the Operator is prohibited. Unauthorised use gives rise to civil and/or criminal liability.

Art. 7. Placing the Order and concluding the distance Contract

(1) The Order is placed by completing the technical steps indicated on the Website: selecting the Service, adding it to the cart, entering billing/contact details, reviewing the order, accepting these Terms and confirming payment. The technical steps to be followed in order to conclude the contract are those described on the Website.

(2) The distance Contract is deemed concluded when the Provider sends, on a durable medium (usually by e-mail), confirmation of receipt and acceptance of the Order.

(3) The Provider reserves the right to refuse an Order in justified circumstances (for example: unavailability of the Service, obvious pricing errors, inability to provide the Service safely for medical reasons), in which case any amounts collected are refunded in full.

Art. 8. Prices and payment methods

(1) The prices of the Services are expressed in Romanian lei (RON) and include VAT, where applicable. An additional price may be added, after the medical consultation, to the applicable price displayed on the Website at the time the Order is placed, depending on the outcome of the medical check-up.

(2) Payment is made online, by card, through the authorised payment processor, under secure conditions. The Provider does not store full card details.

(3) The Provider issues the corresponding invoice and sends it to the Customer on a durable medium, in accordance with tax legislation.

(4) Where applicable, vouchers, packages or subscriptions may be offered, the specific conditions of which (validity, transferability) are displayed at the time of purchase and are supplemented by these Terms and by the Appointment Cancellation Policy.

Art. 9. Provision of the Services and Appointments

(1) The Services are provided by Appointment, at the Provider's place of business, during the available time slots. After purchase, the Customer sets/confirms the Appointment through the channels indicated on the Website.

(2) The conditions for cancellation and rescheduling, as well as the consequences of failing to attend an Appointment, are governed in detail by the Appointment Cancellation Policy, which forms an integral part of these Terms.

(3) Services with a medical component are provided only after the prior assessment and, where applicable, the signing of the informed consent.

Art. 10. The Consumer's right of withdrawal

(1) The Consumer has the right to withdraw from the distance Contract within 14 days, without having to give any reason and without incurring any costs other than those provided for by law. For service contracts, the period runs from the date on which the Contract is concluded.

(2) To exercise the right of withdrawal, the Consumer informs the Provider, before the period expires, by means of an unequivocal statement (for example, by e-mail to the contact address).

(3) By way of exception, the right of withdrawal is lost once the Service has been fully performed, if performance began with the Consumer's prior express consent.

(4) If, at the Consumer's express request, provision of the Service begins during the withdrawal period and the Consumer subsequently withdraws before provision is completed, the Consumer owes an amount proportionate to what has been provided up to the time of withdrawal.

(5) In the event of a valid withdrawal, the Provider refunds the amounts received without undue delay and, in any event, no later than 14 days from the date on which it was informed, using the same means of payment.

(6) How the right of withdrawal applies in practice in relation to Appointments is set out in detail in the Appointment Cancellation Policy.

Art. 11. Obligations and declarations of the Customer

(1) The Customer undertakes: (a) to provide correct and complete data; (b) to communicate the health information requested during the prior assessment; (c) to follow the instructions of the staff at the place of business; (d) to attend the Appointment within the agreed time slot.

(2) The Customer declares that they have the legal capacity to contract and that the services purchased are intended for their own use or, if purchased for another person, that they have that person's consent.

Art. 12. Limitation of the Operator's liability

(1) The Operator makes reasonable efforts to ensure that the information on the Website is correct and up to date, but does not guarantee that it is free of any errors or that the Website will be available without interruption.

(2) The Operator is not liable for: (a) damage resulting from the User's incorrect use of the Website; (b) the content of third-party websites to which links are provided; (c) the Website not functioning for reasons not attributable to it.

Art. 13. Protection of personal data

(1) Personal data are processed in accordance with Regulation (EU) 2016/679 (GDPR) and Law no. 190/2018, under the conditions detailed in the Privacy Policy published on the Website.

(2) Data concerning health constitute special categories of data, processed on the basis of Art. 9 GDPR, exclusively for the purpose of providing the Services and in compliance with the legal safeguards.

Art. 14. Complaints. Dispute resolution

(1) Any complaints shall be sent to the Provider at the e-mail address office@q-clinic.ro and will be resolved in good faith within a reasonable time.

(2) Consumers may contact the National Authority for Consumer Protection (ANPC – www.anpc.ro).

(3) Failing an amicable settlement, disputes shall fall within the jurisdiction of the Romanian courts competent under the law.

Art. 15. Amendment of the Terms

The Operator may amend these Terms; the version applicable to an Order is the one in force on the date the Order is placed. The updated version is published on the Website, indicating its effective date.

Art. 16. Final provisions. Governing law

(1) These Terms and the Contract are governed by Romanian law.

(2) If any clause is declared null and void or unenforceable, the remaining clauses remain valid and continue to have effect.

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By ticking the box "I have read and agree to the Terms and Conditions" and/or by placing the Order, the Customer confirms full acceptance of this document.