Terms and Conditions
NUTRI-GENETIX TERMS OF SERVICE
This website is operated by Nutri-Genetix. Throughout the site, the terms “we”, “us”, “our” and “our site” refer to Nutri-Genetix. Nutri-Genetix offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: ACCEPTANCE OF TERMS
Your use of Nutri-Genetix Products and Services is subject to the terms defined in these Terms of Service. These terms apply to any use of Nutri-Genetix Products and Services, including:
1. Submitting a saliva sample for DNA extraction and analysis;
2. Subscribing to NGX nutritional shakes, supplements, meal replacements and/or flavourings;
3. Providing a digital version of your Genetic Information and interpreting the analysed data and information on Our Site; and/or
4. Registering and using a free Nutri-Genetix account without providing a saliva sample or Genetic Information.
Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide links to. This currently includes the Nutri-Genetix Privacy Policy, Consent Documents, Delivery Policy and Order Cancellation and Refund Policy. All such applicable terms, policies and rules are considered part of these terms.
To use Nutri-Genetix Products and Services, you must first agree to the terms. You cannot use the Services if you do not accept the terms. The terms can be accepted by:
1. accepting or agreeing to the terms (this option is available through Nutri-Genetix for any Product or Service);
2. acknowledgment of the Consent Document; and/or
3. continuous use of the Services. In this case, you accept and agree that Nutri-Genetix will treat your continued use of the Products or Services as implied acceptance of the terms from that point onward. Some of the Products or Services (both existing and new) may be subject to additional terms and/or conditions. When you first use these services, we will bring this to your attention. The terms for such services are subject to revision or change, like the rest of the terms. When any such changes are made, we will provide notice as described in the terms.
SECTION 4: PREREQUISITES
Direct-to-consumer Users who provide Genetic Information must be (a) at least 18 years of age regardless of permission from parents or guardians, and (b) lawfully able to use the Service under the laws where you reside.
SECTION 5: PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Our genetic testing services include the collection, extraction, and analysis of your Genetic Information, based on a saliva sample or the electronic transmission of your Genetic Information from other sources at your direction. Unless stated, each new feature that is added to the current Services will be subject to the terms. You accept and agree that the Services are provided "AS-IS" and are based on the current state of genetic research and technology used by Nutri-Genetix when using the Services.
Scientific research is always changing and genetic technology is always evolving; therefore, Nutri-Genetix is always innovating to provide the best information to its Users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that Nutri-Genetix might stop (permanently or temporarily) providing some Services (or features within the Services) to its Users without prior notice.
You can stop using the Services at any time. You do not need to inform Nutri-Genetix when you stop using the Services, unless you request to close your account. Nutri-Genetix does not have any responsibility for the use of the Services outside the terms of service or any other terms that apply.
Samples must be returned to us within 6 months from the original order date. Samples received after this time will not be processed.
SECTION 6: RISKS AND CONSIDERATIONS
Limitations of Genetic Information - Genetic Information is subject to significant limitations, and you rely on information provided by Nutri-Genetix, Nutri-Genetix employees, Nutri-Genetix contractors and others appearing on Our Site at your own risk.
We receive from your DNA test only a small selection of genetic variants specifically associated with wellness traits. The scientific community is still learning about genetics, and one of our goals is to contribute to this research. Additionally, many ethnic groups differ or are not included at all in many genetic studies. Similarly, some scientific studies may be based solely on research of one sex. As our services interpret Genetic Information based on published scientific studies, some of the interpretations that we provide may not be applicable. In addition, future genetic research may change how DNA is interpreted by Nutri-Genetix.
Genetic Information provides limited insight into health and fitness. It is only one aspect of an individual’s entire health and fitness outlook and should not be assumed to be conclusive.
Nutri-Genetix does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on Our Site. If we provide guidance on what might work for you based on Genetic and Self-Reported Information or scientific research, this is intended for research, information and educational purposes only. No medical advice is provided, and Genetic Information reported has not been clinically validated.
Health, fitness, nutrition or wellness behaviours should not be altered solely based on the information provided by Nutri-Genetix. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by Nutri-Genetix Services. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors and lifestyle choices, which also affect wellness traits.
Learning about one’s Genetic Information is not for everybody. In some cases, Genetic Information may provide knowledge and information that may be unexpected or cause distress. You should consider the impact the information may have on you before using Nutri-Genetix Services.
You should understand that as scientific research advances, additional services from Nutri-Genetix, or from a healthcare professional might be necessary to assess and understand the meaning of one’s DNA, now and in light of new scientific information. In many cases, the analysis of your Genetic Information is based on correlations between certain genetic markers and different characteristics. Genetic Information often cannot provide conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.
Incidental Findings - During the course of testing, we collect information on a large number of single nucleotide polymorphism (SNPs). As a company, we focus our analysis and reporting on information related to nutrition and fitness, that can be used by you to make changes in those areas. A subset of the SNPs we collect information on may have been associated, in some studies, to a specific phenotypic trait not related to nutrition or fitness, including associations to a specific disease or increased susceptibility to a specific disease. When, as a result of sequencing a portion of DNA, additional genetic information not related to the primary purpose of sequencing is found, that information is referred to as an incidental or secondary finding. We will not report information to you that is not related to the original purpose of our testing – i.e. nutrition and fitness - because we are not a medical company. In addition, the research on genetic associations is continually evolving, and whilst a SNP may currently be associated with a phenotypic trait, including a disease, in the future further research may disprove this link. Similarly, SNPs which are currently not associated with any disease may be in future. Finally, even if a SNP may be statistically associated with a disease state, the magnitude of its impact may be unclear, and may not be clinically significant. As such, Nutri-Genetix provides only information related to fitness and nutrition.
Sharing Genetic Information - Sharing Genetic Information with companies, family, friends or employers should be done with caution as it may be used against your best interests and in some cases, may have limited meaning today, but could have a greater meaning in the future.
Genetic information shared with a healthcare provider can become part of your medical records and can potentially be accessed by third-party health care providers or insurance companies.
Residents of the US should understand that the Genetic Information Nondiscrimination Act ("GINA") protects individuals’ Genetic Information from use by health insurance providers and employers, but does not apply to disability insurance, life insurance or long-term care insurance providers. Choosing to share Genetic Information with these insurance providers is done at your own risk and if in doubt, should be discussed with a legal professional to understand the legal protections when sharing Genetic Information before disclosure.
Research - The technology used by Nutri-Genetix, which is also used by the research community, has not been used for clinical testing. To speed the understanding and the applications of genetic knowledge for clinical use, we may invite Users to voluntarily consent to participate in Nutri-Genetix Research:
Nutri-Genetix believes that:
1. Genetics is not the full picture of someone’s present, future or potential state of being;
2. The understanding of Genetic Information is always evolving and there are still many things to discover and understand;
3. Only a healthcare professional can assess your state of health or conditions, considering many factors, including your Genetic Information and your current symptoms;
4. There are still unknown risks that may be discovered as research continues.
SECTION 7: USER REPRESENTATIONS
By accessing Nutri-Genetix Services, you agree to, acknowledge, and represent as follows:
1. You understand that the information you obtain from Nutri-Genetix is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.
2. You understand that Nutri-Genetix Products and Services are only for research, informational, and educational purposes and that while information provided by Nutri-Genetix might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. Nutri-Genetix does not provide any health or medical treatment or advice.
3. You understand that Nutri-Genetix encourages you to seek the advice of your healthcare providers or your physician if you have questions or worries regarding your Genetic Information.
4. You confirm that you are above the age of majority in the jurisdiction in which you reside if you provide a saliva sample or if you access your Genetic Information.
5. You guarantee that the sample you provide is coming from your saliva; and if you are agreeing to these terms on behalf of someone else from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.
6. If you are providing your saliva sample from a place outside the United Kingdom, you confirm that this action is not subject to any export ban or restriction in the country where you live. Please note, services to residents of France are prohibited due to restrictions according to the French Law (Article 16–1 Civil Code).
7. You acknowledge that any saliva sample that you provide, and its resulting information can be transferred and/or processed outside the country where you live.
8. You guarantee that you do not represent an insurance company and are not trying to obtain information about an insured person or an employee.
9. You acknowledge that some information you receive can provoke strong emotions.
10. You are responsible for all the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
11. You understand that while we would like Users to have the freedom to share their journey, express opinion and review their experience with us, Nutri-Genetix reserves the right to remove or instruct removal without notice any public posts that are deemed in violation of the terms.
12. You acknowledge that all your Personal Information will be kept in Nutri-Genetix databases and will be processed as stated by the Nutri-Genetix Privacy Policy.
13. You acknowledge that by providing a sample, having your Genetic Information analysed, accessing your Genetic Information, or providing information about yourself, you do not have any proprietary or other rights in any research or products that might be developed by Nutri-Genetix or its partners. You understand that you will not benefit in any way from research or from products resulting from your Genetic Information or Self-Reported Information.
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these terms in any manner, Nutri-Genetix has the right to terminate your account and refuse the future use of Nutri-Genetix Services and you will indemnify and hold harmless Nutri-Genetix and its affiliates against any liability or damages that may arise in case these contracts are broken.
SECTION 8: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 9: MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 10: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12: THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13: YOUR PROPERTY RIGHTS OVER USER COMMENTS, FEEDBACK AND OTHER MATERIAL AND SUBMISSIONS PROVIDED TO NUTRI-GENETIX
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Nutri-Genetix does not claim ownership of any user content that you create and share with Nutri-Genetix. Unless otherwise stated, you retain copyright and other rights already possessed by you over user content that you create and share on or through the Services. However, by creating and sharing user content, you give Nutri-Genetix an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any user content created and shared by you through the Services. You understand and accept that this license gives Nutri-Genetix the right to make the user content available to other companies, organizations or individuals that have relationships with Nutri-Genetix, and use the user content in connection with these services.
You acknowledge that while performing required technical steps to provide Services to Users, Nutri-Genetix may (a) distribute your user content over several public networks and media; and (b) make necessary changes to your content that are necessary to conform and adapt to the requirements of networks, services or media. You understand and accept that this license can permit Nutri-Genetix to take these actions. You give this right and power to Nutri-Genetix to grant the license stated here.
We cannot disclose individual Genetic and/or Self-Reported Information to third parties without consent unless required by law (as described in our Privacy Policy). However, you acknowledge that Nutri-Genetix cannot control the distribution of Genetic and/or Self-Reported Information shared on the Nutri-Genetix website or discussion forums, social media or any other public forum. If you share any such information publicly, you may cease to have control over the further dissemination of the information.
Once you submit your saliva sample and Nutri-Genetix has analysed it, the sample is irreversibly processed and it cannot be returned to you. See Our Site for more information regarding sample processing. Any Genetic Information taken from your saliva sample remains your information but is subject to the rights that are expressed in these terms. You acknowledge that you should not expect any type of financial benefit from Nutri-Genetix from having your Genetic Information or Self-Reported Information processed or shared with contracted third parties as detailed in the Privacy Policy and Consent Document.
You acknowledge that by providing any saliva sample, having your Genetic Information analysed, accessing your Genetic Information, or sharing Self-Reported information, you have no rights whatsoever in any products that might be developed by Nutri-Genetix or any third party. You acknowledge that you will not receive any compensation for research or commercial products that result from your Genetic Information or Self-Reported Information.
SECTION 14 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Visit the Nutri-Genetix Privacy Policy for full details on how we protect your personal information.
SECTION 15: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nutri-Genetix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nutri-Genetix and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you have provided Nutri-Genetix with a saliva sample or you have provided your Genetic Information through any third-party genetic testing service, you will indemnify Nutri-Genetix, its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the genetic analysis of your saliva sample, the analysis of your Genetic Information or some other third-party genetic testing service, or results from third party add-ons that are provided in the future.
You further agree that you will indemnify and hold harmless Nutri-Genetix and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these terms.
Additionally, if you want to provide your Genetic and/or Self-Reported Information to third parties, you agree to indemnify Nutri-Genetix, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your Genetic and/or Self-Reported Information.
SECTION 19: RESALE OR GIFTING OF SERVICE
Nutri-Genetix Products and Services must be provided and purchased via an approved source. If you sell or purchase your Service without permission from Nutri-Genetix, via an unapproved third party or have received the kit as a gift, Nutri-Genetix reserve the right to decline the processing of samples and/or issuing of reports.
For purchases made via an unapproved third party, the purchase agreement is between the seller and buyer. Nutri-Genetix is not liable for any disputes relating to pricing, payment, transactions or delivery and will not issue any refunds or replacements under any circumstances. If found to be an unauthorised third part purchase or gift, Nutri-Genetix may agree to process your sample at discretion and you will agree to these Terms of Service and the Privacy Policy. However, the original purchase agreement will remain between buyer and seller. Therefore, if for any reason a refund is sought after processing, this will not be honoured.
SECTION 20: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 24: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25: FREE T-SHIRT AND SHAKER WITH YOUR FIRST PURCHASE
Whilst it is possible to add the item "Free T-Shirt & Shaker" to your basket, and whilst this may then appear in order and shipping confirmations, this does not guarantee that you will receive these items. The free t-shirt and shaker can only be received when ordering your first NGX Starter Kit, not on the flavour boosts or any other product. By adding this option to your basket, you are agreeing that this will only be fulfilled with your first NGX Starter Kit order and not for any subsequent orders, regardless of the item being in your basket or not.
SECTION 26: RETURNED ORDERS FROM OUTSIDE THE UK
In the event of an initial delivery failing, in most countries, our courier's will attempt to deliver NGX to your shipping address at least once more, contact you by phone (if applicable), email, and by leave calling notes at your place of delivery. If you fail to respond to these messages and they cannot deliver your package, they will return your delivery back to us in England, including a return fee. If your order is returned to us, redelivery will cost:
The return fee, which is the original delivery cost plus £10
Plus the redelivery fee, which is the original delivery fee + £10
The additional £10 is because we subsidise initial delivery costs. Therefore we strongly advise if you do receive a calling card/contact from our courier, you respond as quickly as possible to avoid these high fees. For example, if a package is returned to us from France, the cheapest delivery price outside of the UK, you will have to pay a total of £30 to have it redelivered.
If you cancel your order, we will return you your money, minus the original delivery subsidy and return fee, which in the case of France for example, would be £25.
As you can see the cost is very high, so we do recommend that as soon as you receive contact from our courier you rearrange delivery for an appropriate time you can receive it.
If the reason for your order being returned to us is either a fault of our or our couriers, we will pay for your order to be resent to you at no additional cost to you.
SECTION 27: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@nutri-genetix.com.
NUTRI-GENETIX TERMS OF SERVICE
This website is operated by Nutri-Genetix. Throughout the site, the terms “we”, “us”, “our” and “our site” refer to Nutri-Genetix. Nutri-Genetix offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: ACCEPTANCE OF TERMS
Your use of Nutri-Genetix Products and Services is subject to the terms defined in these Terms of Service. These terms apply to any use of Nutri-Genetix Products and Services, including:
1. Submitting a saliva sample for DNA extraction and analysis;
2. Subscribing to NGX nutritional shakes, supplements, meal replacements and/or flavourings;
3. Providing a digital version of your Genetic Information and interpreting the analysed data and information on Our Site; and/or
4. Registering and using a free Nutri-Genetix account without providing a saliva sample or Genetic Information.
Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide links to. This currently includes the Nutri-Genetix Privacy Policy, Consent Documents, Delivery Policy and Order Cancellation and Refund Policy. All such applicable terms, policies and rules are considered part of these terms.
To use Nutri-Genetix Products and Services, you must first agree to the terms. You cannot use the Services if you do not accept the terms. The terms can be accepted by:
1. accepting or agreeing to the terms (this option is available through Nutri-Genetix for any Product or Service);
2. acknowledgment of the Consent Document; and/or
3. continuous use of the Services. In this case, you accept and agree that Nutri-Genetix will treat your continued use of the Products or Services as implied acceptance of the terms from that point onward. Some of the Products or Services (both existing and new) may be subject to additional terms and/or conditions. When you first use these services, we will bring this to your attention. The terms for such services are subject to revision or change, like the rest of the terms. When any such changes are made, we will provide notice as described in the terms.
SECTION 4: PREREQUISITES
Direct-to-consumer Users who provide Genetic Information must be (a) at least 18 years of age regardless of permission from parents or guardians, and (b) lawfully able to use the Service under the laws where you reside.
SECTION 5: PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Our genetic testing services include the collection, extraction, and analysis of your Genetic Information, based on a saliva sample or the electronic transmission of your Genetic Information from other sources at your direction. Unless stated, each new feature that is added to the current Services will be subject to the terms. You accept and agree that the Services are provided "AS-IS" and are based on the current state of genetic research and technology used by Nutri-Genetix when using the Services.
Scientific research is always changing and genetic technology is always evolving; therefore, Nutri-Genetix is always innovating to provide the best information to its Users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that Nutri-Genetix might stop (permanently or temporarily) providing some Services (or features within the Services) to its Users without prior notice.
You can stop using the Services at any time. You do not need to inform Nutri-Genetix when you stop using the Services, unless you request to close your account. Nutri-Genetix does not have any responsibility for the use of the Services outside the terms of service or any other terms that apply.
Samples must be returned to us within 6 months from the original order date. Samples received after this time will not be processed.
SECTION 6: RISKS AND CONSIDERATIONS
Limitations of Genetic Information - Genetic Information is subject to significant limitations, and you rely on information provided by Nutri-Genetix, Nutri-Genetix employees, Nutri-Genetix contractors and others appearing on Our Site at your own risk.
We receive from your DNA test only a small selection of genetic variants specifically associated with wellness traits. The scientific community is still learning about genetics, and one of our goals is to contribute to this research. Additionally, many ethnic groups differ or are not included at all in many genetic studies. Similarly, some scientific studies may be based solely on research of one sex. As our services interpret Genetic Information based on published scientific studies, some of the interpretations that we provide may not be applicable. In addition, future genetic research may change how DNA is interpreted by Nutri-Genetix.
Genetic Information provides limited insight into health and fitness. It is only one aspect of an individual’s entire health and fitness outlook and should not be assumed to be conclusive.
Nutri-Genetix does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on Our Site. If we provide guidance on what might work for you based on Genetic and Self-Reported Information or scientific research, this is intended for research, information and educational purposes only. No medical advice is provided, and Genetic Information reported has not been clinically validated.
Health, fitness, nutrition or wellness behaviours should not be altered solely based on the information provided by Nutri-Genetix. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by Nutri-Genetix Services. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors and lifestyle choices, which also affect wellness traits.
Learning about one’s Genetic Information is not for everybody. In some cases, Genetic Information may provide knowledge and information that may be unexpected or cause distress. You should consider the impact the information may have on you before using Nutri-Genetix Services.
You should understand that as scientific research advances, additional services from Nutri-Genetix, or from a healthcare professional might be necessary to assess and understand the meaning of one’s DNA, now and in light of new scientific information. In many cases, the analysis of your Genetic Information is based on correlations between certain genetic markers and different characteristics. Genetic Information often cannot provide conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.
Incidental Findings - During the course of testing, we collect information on a large number of single nucleotide polymorphism (SNPs). As a company, we focus our analysis and reporting on information related to nutrition and fitness, that can be used by you to make changes in those areas. A subset of the SNPs we collect information on may have been associated, in some studies, to a specific phenotypic trait not related to nutrition or fitness, including associations to a specific disease or increased susceptibility to a specific disease. When, as a result of sequencing a portion of DNA, additional genetic information not related to the primary purpose of sequencing is found, that information is referred to as an incidental or secondary finding. We will not report information to you that is not related to the original purpose of our testing – i.e. nutrition and fitness - because we are not a medical company. In addition, the research on genetic associations is continually evolving, and whilst a SNP may currently be associated with a phenotypic trait, including a disease, in the future further research may disprove this link. Similarly, SNPs which are currently not associated with any disease may be in future. Finally, even if a SNP may be statistically associated with a disease state, the magnitude of its impact may be unclear, and may not be clinically significant. As such, Nutri-Genetix provides only information related to fitness and nutrition.
Sharing Genetic Information - Sharing Genetic Information with companies, family, friends or employers should be done with caution as it may be used against your best interests and in some cases, may have limited meaning today, but could have a greater meaning in the future.
Genetic information shared with a healthcare provider can become part of your medical records and can potentially be accessed by third-party health care providers or insurance companies.
Residents of the US should understand that the Genetic Information Nondiscrimination Act ("GINA") protects individuals’ Genetic Information from use by health insurance providers and employers, but does not apply to disability insurance, life insurance or long-term care insurance providers. Choosing to share Genetic Information with these insurance providers is done at your own risk and if in doubt, should be discussed with a legal professional to understand the legal protections when sharing Genetic Information before disclosure.
Research - The technology used by Nutri-Genetix, which is also used by the research community, has not been used for clinical testing. To speed the understanding and the applications of genetic knowledge for clinical use, we may invite Users to voluntarily consent to participate in Nutri-Genetix Research:
Nutri-Genetix believes that:
1. Genetics is not the full picture of someone’s present, future or potential state of being;
2. The understanding of Genetic Information is always evolving and there are still many things to discover and understand;
3. Only a healthcare professional can assess your state of health or conditions, considering many factors, including your Genetic Information and your current symptoms;
4. There are still unknown risks that may be discovered as research continues.
SECTION 7: USER REPRESENTATIONS
By accessing Nutri-Genetix Services, you agree to, acknowledge, and represent as follows:
1. You understand that the information you obtain from Nutri-Genetix is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.
2. You understand that Nutri-Genetix Products and Services are only for research, informational, and educational purposes and that while information provided by Nutri-Genetix might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. Nutri-Genetix does not provide any health or medical treatment or advice.
3. You understand that Nutri-Genetix encourages you to seek the advice of your healthcare providers or your physician if you have questions or worries regarding your Genetic Information.
4. You confirm that you are above the age of majority in the jurisdiction in which you reside if you provide a saliva sample or if you access your Genetic Information.
5. You guarantee that the sample you provide is coming from your saliva; and if you are agreeing to these terms on behalf of someone else from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.
6. If you are providing your saliva sample from a place outside the United Kingdom, you confirm that this action is not subject to any export ban or restriction in the country where you live. Please note, services to residents of France are prohibited due to restrictions according to the French Law (Article 16–1 Civil Code).
7. You acknowledge that any saliva sample that you provide, and its resulting information can be transferred and/or processed outside the country where you live.
8. You guarantee that you do not represent an insurance company and are not trying to obtain information about an insured person or an employee.
9. You acknowledge that some information you receive can provoke strong emotions.
10. You are responsible for all the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
11. You understand that while we would like Users to have the freedom to share their journey, express opinion and review their experience with us, Nutri-Genetix reserves the right to remove or instruct removal without notice any public posts that are deemed in violation of the terms.
12. You acknowledge that all your Personal Information will be kept in Nutri-Genetix databases and will be processed as stated by the Nutri-Genetix Privacy Policy.
13. You acknowledge that by providing a sample, having your Genetic Information analysed, accessing your Genetic Information, or providing information about yourself, you do not have any proprietary or other rights in any research or products that might be developed by Nutri-Genetix or its partners. You understand that you will not benefit in any way from research or from products resulting from your Genetic Information or Self-Reported Information.
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these terms in any manner, Nutri-Genetix has the right to terminate your account and refuse the future use of Nutri-Genetix Services and you will indemnify and hold harmless Nutri-Genetix and its affiliates against any liability or damages that may arise in case these contracts are broken.
SECTION 8: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 9: MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 10: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12: THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13: YOUR PROPERTY RIGHTS OVER USER COMMENTS, FEEDBACK AND OTHER MATERIAL AND SUBMISSIONS PROVIDED TO NUTRI-GENETIX
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Nutri-Genetix does not claim ownership of any user content that you create and share with Nutri-Genetix. Unless otherwise stated, you retain copyright and other rights already possessed by you over user content that you create and share on or through the Services. However, by creating and sharing user content, you give Nutri-Genetix an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any user content created and shared by you through the Services. You understand and accept that this license gives Nutri-Genetix the right to make the user content available to other companies, organizations or individuals that have relationships with Nutri-Genetix, and use the user content in connection with these services.
You acknowledge that while performing required technical steps to provide Services to Users, Nutri-Genetix may (a) distribute your user content over several public networks and media; and (b) make necessary changes to your content that are necessary to conform and adapt to the requirements of networks, services or media. You understand and accept that this license can permit Nutri-Genetix to take these actions. You give this right and power to Nutri-Genetix to grant the license stated here.
We cannot disclose individual Genetic and/or Self-Reported Information to third parties without consent unless required by law (as described in our Privacy Policy). However, you acknowledge that Nutri-Genetix cannot control the distribution of Genetic and/or Self-Reported Information shared on the Nutri-Genetix website or discussion forums, social media or any other public forum. If you share any such information publicly, you may cease to have control over the further dissemination of the information.
Once you submit your saliva sample and Nutri-Genetix has analysed it, the sample is irreversibly processed and it cannot be returned to you. See Our Site for more information regarding sample processing. Any Genetic Information taken from your saliva sample remains your information but is subject to the rights that are expressed in these terms. You acknowledge that you should not expect any type of financial benefit from Nutri-Genetix from having your Genetic Information or Self-Reported Information processed or shared with contracted third parties as detailed in the Privacy Policy and Consent Document.
You acknowledge that by providing any saliva sample, having your Genetic Information analysed, accessing your Genetic Information, or sharing Self-Reported information, you have no rights whatsoever in any products that might be developed by Nutri-Genetix or any third party. You acknowledge that you will not receive any compensation for research or commercial products that result from your Genetic Information or Self-Reported Information.
SECTION 14 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Visit the Nutri-Genetix Privacy Policy for full details on how we protect your personal information.
SECTION 15: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nutri-Genetix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nutri-Genetix and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you have provided Nutri-Genetix with a saliva sample or you have provided your Genetic Information through any third-party genetic testing service, you will indemnify Nutri-Genetix, its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the genetic analysis of your saliva sample, the analysis of your Genetic Information or some other third-party genetic testing service, or results from third party add-ons that are provided in the future.
You further agree that you will indemnify and hold harmless Nutri-Genetix and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these terms.
Additionally, if you want to provide your Genetic and/or Self-Reported Information to third parties, you agree to indemnify Nutri-Genetix, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your Genetic and/or Self-Reported Information.
SECTION 19: RESALE OR GIFTING OF SERVICE
Nutri-Genetix Products and Services must be provided and purchased via an approved source. If you sell or purchase your Service without permission from Nutri-Genetix, via an unapproved third party or have received the kit as a gift, Nutri-Genetix reserve the right to decline the processing of samples and/or issuing of reports.
For purchases made via an unapproved third party, the purchase agreement is between the seller and buyer. Nutri-Genetix is not liable for any disputes relating to pricing, payment, transactions or delivery and will not issue any refunds or replacements under any circumstances. If found to be an unauthorised third part purchase or gift, Nutri-Genetix may agree to process your sample at discretion and you will agree to these Terms of Service and the Privacy Policy. However, the original purchase agreement will remain between buyer and seller. Therefore, if for any reason a refund is sought after processing, this will not be honoured.
SECTION 20: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 24: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25: FREE T-SHIRT AND SHAKER WITH YOUR FIRST PURCHASE
Whilst it is possible to add the item "Free T-Shirt & Shaker" to your basket, and whilst this may then appear in order and shipping confirmations, this does not guarantee that you will receive these items. The free t-shirt and shaker can only be received when ordering your first NGX Starter Kit, not on the flavour boosts or any other product. By adding this option to your basket, you are agreeing that this will only be fulfilled with your first NGX Starter Kit order and not for any subsequent orders, regardless of the item being in your basket or not.
SECTION 26: RETURNED ORDERS FROM OUTSIDE THE UK
In the event of an initial delivery failing, in most countries, our courier's will attempt to deliver NGX to your shipping address at least once more, contact you by phone (if applicable), email, and by leave calling notes at your place of delivery. If you fail to respond to these messages and they cannot deliver your package, they will return your delivery back to us in England, including a return fee. If your order is returned to us, redelivery will cost:
The return fee, which is the original delivery cost plus £10
Plus the redelivery fee, which is the original delivery fee + £10
The additional £10 is because we subsidise initial delivery costs. Therefore we strongly advise if you do receive a calling card/contact from our courier, you respond as quickly as possible to avoid these high fees. For example, if a package is returned to us from France, the cheapest delivery price outside of the UK, you will have to pay a total of £30 to have it redelivered.
If you cancel your order, we will return you your money, minus the original delivery subsidy and return fee, which in the case of France for example, would be £25.
As you can see the cost is very high, so we do recommend that as soon as you receive contact from our courier you rearrange delivery for an appropriate time you can receive it.
If the reason for your order being returned to us is either a fault of our or our couriers, we will pay for your order to be resent to you at no additional cost to you.
SECTION 27: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@nutri-genetix.com.