Terms and conditions

FitnessGenes - Terms and Conditions of Supply of the Products

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (“Website”) – WE DRAW PARTICULAR ATTENTION TO CLAUSE 4 (IMPORTANT RISKS AND CONSIDERATIONS) AND CLAUSE 16 (LIMITATIONS OF LIABILITY) AND CLAUSE 22 (DISCLAIMER).

By ordering one of our products or services you agree to be bound by the following Terms and Conditions. These conditions may be subject to change and we therefore advise you to re-read this information periodically. Your statutory rights are not affected.

You may request a hard copy of these Terms and Conditions at any time, which will be sent to an address of your choice via regular mail.

1. Definitions

a. “FitnessGenes” means FitnessGenes Limited, whose registered office address is Bicester Innovation Centre, Commerce House, Telford Road, Bicester, Oxfordshire, OX26 4LD and registered number is 08590852.

b. “Product” or “Products” means FitnessGenes products, testing kits, analysis, information brochures, software, accounts, services and website (including but not limited to text, graphics, images, and other material and information) accessed by the user.

c. “Customer” means the person, company, or other entity that orders a Product, and is responsible for compliance with these Terms and Conditions.

d. “Sample Provider“ means the person providing the DNA sample to produce the Genetic Data. Note: This person may be the Customer If different to the Customer, the Sample Provider is also required to comply with these Terms and Conditions. In particular we draw attention to clause 19 (Transfer of Rights) and the agreement to these Terms and Conditions. The Customer is required to obtain explicit consent from the Sample Provider to process Personal Information (which is regarded as including sensitive personal data as this term is defined in the Data Protection Act 1998).

e. “Results” means the DNA report and/or associated analysis, recommendations and plans relating to the Sample Provider. This will include information relating to their genotype (e.g. the presence of As, Ts, Cs and Gs at particular locations in their genome) generated through genotyping of their sample by FitnessGenes or by its contractors.

f. "Personal Information" is information provided by the Customer that is specific to the Sample Provider, and can be used to identify them, either alone or in combination with other information. FitnessGenes collects and stores the following types of Personal Information:

i. "Registration Data" is the information provided by the Customer about them when registering for an account and/or purchasing our Products (e.g. name, email, address, user ID and password, and payment information).

ii. "Genetic Data" is information regarding the Customers genotype (e.g. the presence of As, Ts, Cs, and Gs at particular locations in their genome), either uploaded or otherwise added to their account by the Customer, or generated through genotyping of their sample by FitnessGenes or by its contractors. For completeness, the DNA sample provided by the Sample Provider constitutes or contains Genetic Data.

iii. "Self-Reported Data" is information about the Customer, such as gender, ethnicity and fitness/health-related data, which they provide direct to us through completion of questionnaires, surveys, forms or other features provided by FitnessGenes.

iv. "User Content" is all other information, text, data, software, audio, video, photographs, graphics, messages, or other materials generated by users of FitnessGenes Products and transmitted, whether publicly or privately, to or through FitnessGenes.

g. “Agreement” means the agreement that is entered into between FitnessGenes and the Customer when the Customer activates an account or orders DNA kit through the Website, in person or by any other means indicated by FitnessGenes.

2. Acceptance of Terms

2.1 Access and use of FitnessGenes Products is subject to the terms of the legal agreement between you and FitnessGenes set forth in these Terms and Conditions.

2.2 These Terms and Conditions apply to any use of the Products, including but not limited to;
a) submitting a sample for DNA extraction and processing; or
b) downloading a digital version of your Results; or
c) receipt of Results of your Genetic Data; or
d) creating and using a FitnessGenes account.
In order to access and use the Products you must first agree to these Terms and Conditions.

2.3 FitnessGenes reserves the right to revise or supplement these conditions. The continued use of this website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

3. Description of the Products

3.1 The Products include, but are not limited to, DNA results, analysis, information guides, recommendations and plans as set out in our Website, including the collection and genetic analysis of your sample.
3.2 Unless explicitly stated otherwise, each new feature that augments or enhances the current Product range shall be subject to these Terms and Conditions. You acknowledge and agree that the Products are provided “as-is” and are based on the current genetic research and technology in use by FitnessGenes at the time of purchase.

3.3 FitnessGenes reserves the right to refuse an order request at any time for any reason. In such a case the Customer will be informed of this decision as soon as possible.

4. Important Risks and Considerations Regarding FitnessGenes Products

THE ATTENTION OF THE SAMPLE PROVIDER IS PARTICULARLY DRAWN TO THESE RISKS AND CONSIDERATIONS

Because personal genome sequencing is a new human venture, as a society we currently lack a detailed understanding of all the risks posed by an individual's genome sequence being known and widely shared.

For this reason, it is vitally important that you read the following list of important risks and considerations regarding the use of our services.

Please note that this list is not intended to be exhaustive and further risks and considerations that are outside of our knowledge are likely to become applicable in the future as the industry as a whole evolves.

4.1) You may learn information about yourself that you did not foresee.
There is a possibility that due to the heritable nature of genetic information, sensitive information may be revealed by your Results that could have implications in terms of inferring paternity/ maternity (e.g. where multiple family Results are known, your Results would suggest you are not genetically related to your father or mother) or other features of your personal genealogy. In addition, your Results may reveal you have a higher than average chance of developing a particular condition or disease (e.g. Type 2 diabetes). Such information is likely to be distressing, evoke strong emotions and is obviously irrevocable.

For clarity, the Products offered by FitnessGenes are not intended for use in paternity or maternity testing and we would advise that anyone with serious concerns of this nature should first speak with their physician or health care provider and if appropriate undergo formal paternity/ maternity testing with a laboratory accredited for this purpose.

4.2) Genetic research is not comprehensive.
The research community is continually learning more about genetics and publishing updates to existing knowledge in scientific journals. Our interpretation of your genetic data is reliant on these published studies, and as a result, future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate. All genetic information provided by FitnessGenes is based on the latest research at the time of publication and is correct to the best of our knowledge.

4.3) The laboratory may not be able to process your sample.
The laboratory may not be able to process your sample if your swab does not contain a sufficient amount of DNA, if the swab has been contaminated in any way, or if the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, FitnessGenes will offer to send another kit to the Customer to collect a second sample at no charge. If this second attempt at DNA collection is unsuccessful, FitnessGenes reserves the right to cancel the Agreement in these circumstances. This represents the limitation of our liability.

4.4) The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible, with all analyses carried out in duplicate. Where data do not correspond or are indeterminate, the process is repeated until the results are in accordance with one another. However, even for processing that meets our high standards, due to the nature of the laboratory techniques used, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect. If you are concerned that your Results are in any way inaccurate we will agree to re-analyse your DNA sample up to 28 days from the date you receive your Results to verify the information we have provided you. We reserve the right to charge a fee in these circumstances. If an error is detected in our genotyping process we will provide you with the amended Results free of charge.

4.5) We may not be able to present you with a full complement of results.
In rare cases, despite our best efforts, it may not be possible to obtain an unambiguous result for some DNA variations (SNPs) due to biological or technical complications. This means that a result cannot be called clearly; in other words the detected analysis signal is of such poor quality it is not possible to claim a result with an acceptable level of certainty. To ensure we maintain high quality and accurate data, in such circumstances we will not call a result, and we will inform you that unfortunately our tests were inconclusive for this data point. The final analysis will be treated as successfully completed if no more than two unique genetic variations are missing and the analysis will not be repeated in this case.

4.6) Your Personal Information may be anonymised and used for research and development (R&D) purposes to contribute knowledge to the field and further improve our Products.
Part of our aim at FitnessGenes is to contribute to the continual development and refinement of genetic research into health and fitness-based traits. As part of this commitment we may use some or all of your Personal Information to expand and improve our current knowledge of this field. Research and development activities may include, but are not limited to: a) performing quality controls; b) trialing new protocols, techniques or equipment; c) sharing information with academic groups to advance their studies; d) performing data analysis. Some of these activities may result in commercialisation with a third party.

As part of this process, wherever it is possible, Registration Data will be removed from Genetic Data and Self-Reported Data, which will be combined and the anonymised results pooled to draw relevant conclusions. For clarity, your Registration Data will not be shared with any third parties without your express consent unless there is a legal obligation or judicial order. You have the right to be excluded from any further studies beyond your personal use of the Products and can request this, and/or your DNA sample be disposed of at any time by contacting us at: customerservices@FitnessGenes.com.

4.7) Genetic Data you share with others could have social, legal or economic implications.
Use of genetic test results by employers in pre-employment medical checks is restricted in the UK by the Equality Act 2010, and in the US by the 2008 Genetic Information Nondiscrimination Act (GINA), which makes genetic discrimination illegal and addresses discrimination in health insurance and employment practices. However, as of yet, this protection does not explicitly cover life or disability insurance providers as these products are considered as more discretionary than health insurance. If you are asked by an insurance company whether you have knowledge of Genetic Data concerning health conditions and you do not disclose your Results to them, this may be considered fraud.

Currently, very few businesses or insurance companies request genetic information, but it is possible that changes in legislation for businesses requesting this information could change in the future. As a result, you may want to consult a lawyer to understand the full implications of sharing your Genetic Data with others. We recommend you are cautious about sharing your Genetic Data with others, as ultimately the outcome could have significant social, legal, or economic implications for you as an individual.

4.8) The FitnessGenes product range is intended for informational and educational use only and is not intended to be used for medical advice or diagnosis or treatment.
We do not provide medical advice and cannot guarantee a particular outcome as a result of you taking any specific course of recommended action or advice outlined by your Results on the basis of your Genetic Data. Although we take a strong evidence-based approach, the information we provide is based on a small subset of genetic markers and as a result is only one part of a much larger picture. There may be additional genes, unknown genetic interactions, environmental factors, or lifestyle choices that are more important predictors.

Before making any changes to your lifestyle, diet or exercise routines you must first consult a physician or other qualified health care provider.

4.9) Please be advised that you are solely responsible for the way information in your Results is interpreted and acted upon and any recommendations you follow you do so at your own risk. In no way will FitnessGenes or any persons associated with FitnessGenes be held responsible for any injuries or problems that may occur due to the use of this information or the advice contained within.

If you have any concerns or questions about what you learn through your access to FitnessGenes Products that cannot be answered by your FitnessGenes advisor, you should contact your physician or other health care provider. 

5. Use of Personal Information

5.1) If an account is registered or a Product order placed, FitnessGenes will process Registration Data, such as name, address, email address and phone number of the Customer.
5.1.1) This Registration Data will be used by FitnessGenes to optimally execute the Agreement, such as maintaining contact with the Customer, performing market research, and informing the Customer of similar products and/or services by FitnessGenes or of our latest products and/or services that we believe they might find of interest.
5.1.2) The Customer will have the option to opt out of receiving further information and have all personal details removed from FitnessGenes databases.
5.1.3) This Registration Data shall not be passed to third parties without prior consent, unless there is a legal obligation or judicial order.

5.2) The Genetic Data, as contained in the DNA sample you provide to FitnessGenes, is considered sensitive Personal Information. By providing a DNA sample to FitnessGenes the Sample Provider agrees to give their explicit consent to FitnessGenes to process your sensitive Personal Information in accordance with these Terms and Conditions, which may include research and development activities such as performing data analysis studies in association with your Self-Reported Data. As part of this process, wherever it is possible, Genetic Data and Self-Reported Data will be processed in an anonymised fashion with related Registration Data removed and results combined.

Customers can find further information in our full Privacy Policy here.

6. Customer Account

6.1) Some services on our site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the service. You shall not impersonate any other person or entity or misrepresent your identity or affiliation with any person or entity.

6.2) If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if FitnessGenes has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FitnessGenes has the right to suspend or terminate your account and refuse any and all current or future use of our Products.

6.3) As part of your website account setup with FitnessGenes, you will create a username and password. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. If you allow third parties to access FitnessGenes website through your username and password, you will defend and indemnify FitnessGenes and its affiliates against any liability, costs, or damages arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify FitnessGenes of any unauthorised use of your username or password or any other breach of security, and ensure that you properly log off from your account at the end of each session. FitnessGenes cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.

7. Data Protection

7.1) FitnessGenes takes the security and confidentiality of our Customer’s Personal Information extremely seriously and maintains a high level of protection so that third parties do not unnecessarily gain access. Personal Information is password protected and stored on secure servers that are only accessible to authorised personnel of FitnessGenes. Your DNA sample is barcoded with no personal or identifying data included in the return mailing. Genetic Data contained within your DNA sample is held in a secure laboratory facility protected by 24-hour surveillance.

7.2) We warrant that we will process your Personal Information in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments. We further warrant that, having regard to the state of technological development and the cost of implementing any measures, we will:

a) Take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Information and against the accidental loss or destruction of, or damage to, Personal Information to ensure a level of security appropriate to:
I. The harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
II. The nature of the data to be protected

b) Take reasonable steps to ensure compliance with those measures.

7.3) Registration Data will not be sold or given to any third party, including advertisers and/or business partners at any stage, unless required to do so in accordance with national legislation, e.g. pursuant to a Court Order. You have the right of access to your own Personal Information.

Customers can find further information in our full Privacy Policy here. 

8. Customer Warranties

8.1) By accessing FitnessGenes Products and services, you agree to, acknowledge, represent and warrant the each and every of the following:

a) You give permission to FitnessGenes to perform genotyping services on the DNA extracted from your sample and to disclose the results of analyses performed on your DNA to you and to others you specifically authorise.
b) You confirm that you are eighteen (18) years of age or older if you are providing a sample.
c) You are guaranteeing that any sample you provide is your own.
d) If the DNA sample is provided by a Sample Provider who is not the Customer, the Customer warrants that the Sample Provider has acknowledged and agreed to the Terms and Conditions.
e) If you are a Customer outside of the UK providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
f) You have read the ‘Important Risks and Considerations Regarding FitnessGenes Products’ (section 4) and confirm that you understand the potential implications and limitations of your Results.
g) You take full responsibility for any possible consequences resulting from your sharing access to your Results with others.
h) You understand that your Personal Information will be stored in FitnessGenes databases and will be processed in accordance with the FitnessGenes Privacy Policy.

8.2) You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, FitnessGenes has the right to terminate the Agreement and refuse any and all current or future use of the Products and services (or any part thereof) and you will defend and indemnify FitnessGenes and its affiliates against any liability, costs or damages arising out of breach of the representation.

UNDER THE HUMAN TISSUE ACT 2004 TAKING DNA FROM ANOTHER PERSON WITHOUT THEIR CONSENT IS A CRIMINAL OFFENCE PUNISHABLE BY IMPRISONMENT OR A FINE OR BOTH.

9. FitnessGenes Intellectual Property Rights

9.1) We assert all our intellectual property rights, including but not limited to copyright, databases and know-how, in our Website and Products. FitnessGenes logos and product and service names are trademarks of FitnessGenes and these marks together with the FitnessGenes name and any other FitnessGenes trade names, service marks, logos, domain names and other distinctive brand features are the “FitnessGenes Marks”.

9.2) Unless agreed otherwise in writing by FitnessGenes, other than through the Use of Materials in Section 10, nothing in these Terms and Conditions gives you a right to use any FitnessGenes Marks and you agree not to display or use in any manner, FitnessGenes Marks. The Customer agrees that they shall not remove, obscure or alter any proprietary rights notices that may be affixed to or contained within the Products.

9.3) The Customer expressly guarantees that all instructions and directions pertaining to the use of the Website and/or the Products will be followed, and that the Website and/or the Products will not be used in any way that could damage FitnessGenes and/or third parties.

10. Use of Content

10.1) All domains and copyright in the Website and associated Products is owned by FitnessGenes and all trade marks are the property of FitnessGenes.

10.2) The domains, logos, functions and the contents of all the sites (including but not limited to information, artwork, text, animations, video, audio, pictures and media files) are protected by copyright and trademark legislation.

10.3) We may change or delete content at any time, in any way, for any or no reason. You may access and use the Product content for personal and non-commercial purposes only.

10.4) You may not modify, reproduce, republish, post, transmit, distribute or use any of the Website or Product content for any other purpose without FitnessGenes express written consent. Where consent is granted, you agree to:
(i) provide the content as it appears on the FitnessGenes Website or Product with no changes including but not limited to refraining from presenting selections which might tend to misrepresent the substance of the Product content; and
(ii) include the following attribution on the first page of any materials you distribute: © FitnessGenes Ltd 2015. All rights reserved; and
(iii) agree you have no right to offer anyone else any further right with respect to this Website or Product content; and
(iv) do not use the Product content in a manner that suggests an association with any of our Products, services or brands. Without explicit consent from us, as agreed in writing, any business, high volume or automated use of our Website or Products is prohibited.

10.5) In the event that we offer downloads of software and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

11. Rules Of Conduct

11.1) The following Rules of Conduct apply to use of our Products, this Website and other media channels such as (but not limited to) Facebook or Twitter. By using our Products, Website or other media channels you agree that you will not distribute any content that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; or
(b) is bigoted, hateful, or racially or otherwise offensive; or
(c) is violent, obscene, pornographic or otherwise sexually explicit; or
(d) otherwise harms or can reasonably be expected to harm any person or entity; or
(e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or
(f) infringes or violates any right of a third party including:
(i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; or
(ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or
(iii) any confidentiality obligation;
(g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Products, Website, other media channels or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Sites;
(i) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or
(j) is antisocial, disruptive, or destructive. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms and conditions, and you hereby assume all risk of harm or injury resulting from any such lack of compliance.

11.2) We reserve the right, but disclaim any obligation or responsibility, to
(a) refuse to post or communicate or remove any content from our Website or any other channel that violates these Rules of Conduct and
(b) identify any user to third parties, and/or disclose to third parties any content or personally identifiable information, when we believe in good faith that such identification or disclosure will either
(i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or
(ii) help to enforce these Rules of Conduct, and/or protect the safety or security of any person or property.
Moreover, we retain all rights to remove any or all content at any time.

12. Prices

12.1) The prices published by FitnessGenes on the Website or through other channels apply to the Agreement and to the various Products offered on or through the Website, unless parties have agreed otherwise.

12.2) FitnessGenes is entitled to change these prices and/or offer promotional discounts from time to time. Changes will apply to any new Agreements made after any price is adjusted on the Website.

12.3) All prices cited by FitnessGenes are listed in pounds (GBP) exclusive of VAT except where stated otherwise. Delivery charges are not included in the prices quoted.

12.4) The amount the Customer owes to FitnessGenes as result of the Agreement will be settled in advance through a safe online payments system, unless otherwise agreed in writing. The Customer is obliged to provide FitnessGenes with all information necessary to process payment correct and in full. FitnessGenes will carry into effect the Agreement only after all necessary information concerning the payment authorisation has been received by FitnessGenes.

13. Delivery

13.1) Time for delivery is not of the essence of any Product or service provided by FitnessGenes. FitnessGenes will make reasonable effort to ensure delivery within the stated delivery date.

13.2) If FitnessGenes becomes aware of circumstances that impede achievement of this delivery date then FitnessGenes will notify the Customer as soon as reasonably possible, indicating the revised expected delivery date.

13.3) If the delivery is prolonged for more than thirty days beyond the original delivery date provided by FitnessGenes then the Customer has the right to terminate the Agreement and receive a full refund.

13.4) Details of relevant export regulations apply to the export of goods.

14. Faulty or Damaged Goods

14.1) Any goods supplied by us and found to be faulty or damaged will either be replaced free of charge or refunded in full. Any Product damaged when delivered must be notified to us within 3 days of delivery. We may arrange for the collection of the damaged goods.

14.2) You are required to check on receipt of your order whether the Products meet the requirements as stipulated in the Agreement. If the Product falls below these requirements you are obliged to notify FitnessGenes in writing as soon as possible, and in all events within 14 days of delivery.

14.3) If it is demonstrated that the Products do not meet the requirements of the Agreement, FitnessGenes has the option to return and replace such Products with new Products or to return the invoice value of such Products.

15. Right to Cancellation

15.1) The Customer has the right to cancel the Agreement within seven (7) days of the Confirmation Date of the order, free of charge and without giving any reason. If the Customer wishes to terminate the Agreement with FitnessGenes after this seven-day period, FitnessGenes reserves the right to refund any payment made by the Customer less any delivery and/or consumable costs incurred.

15.2) To exercise their right to cancellation the Customer must notify FitnessGenes in writing or by email using the contact details found on the Website. If the Customer exercises their right to cancel, FitnessGenes shall see to the reimbursement within 30 days of safe receipt of all returned goods.

15.3) In the event of the frustration of the contract due to, but not limited to, one or more of the following;
15.3.1) the absence of a usable DNA sample being provided to FitnessGenes, or
15.3.2) no receipt of the required written consent by the Sample Provider to agree to these terms and conditions being provided, or
15.3.3) a bona fide Force Majeure Event as defined in clause 21, or
15.3.4) any other such frustrating event as identified by law and advised in the opinion of a barrister or solicitor appointed by FitnessGenes,
then FitnessGenes is entitled to validly Terminate the contract under clause 17.

16. Limitations of Liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THESE LIMITATIONS OF LIABILITY

16.1. Nothing in these Terms and Conditions shall limit or exclude FitnessGenes liability for:
16.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
16.1.2 fraud or fraudulent misrepresentation; or
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
16.2 Subject to clause 16.1:
16.2.1 FitnessGenes shall under no circumstances whatever be liable to the Customer or Sample Provider, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss (including but not limited to loss of revenue, loss of anticipated savings, loss of goodwill, loss or corruption of or damage to data or for any incidental, consequential or special loss or damage) arising under or in connection with the Agreement; and
16.2.2 FitnessGenes combined total liability to the Customer or Sample Provider in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total sum of the consideration received by FitnessGenes under this Agreement.
16.2.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 and sections 13 to 15 of Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Agreement.
16.3 This clause 16 shall survive termination of the Agreement.

17. Termination

17.1) FitnessGenes may at any time, terminate an Agreement, if:
a) the Customer has breached any provision of these Terms and Conditions; or
b) the Customer is in default of payment; or
c) FitnessGenes is required to do so by law; or
d) the partner with whom FitnessGenes offered the Products to you has terminated its relationship with FitnessGenes or ceased to offer its services to you; or
e) a contractually frustrating event arises as described in clause 15.3, or
f) FitnessGenes is no longer able to provide the Products to users in the country in which you reside.

17.2) If FitnessGenes terminates the contract in accordance with this clause 17 then it will not be liable for any costs or damages incurred by the Customer as a result of early termination.
17.3) Payments in advance before Termination do not have to be reimbursed.
17.4) Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Products or services may be referred to appropriate law enforcement authorities.
17.5) The Customer and the Sample Provider acknowledge and agree that FitnessGenes shall not be liable to you or any third party for any termination of your access to the Products.

17.6) Upon termination of an Agreement, these TACs will continue to govern the relations between parties to the extent that they are necessary for the completion of it.

18. Unsolicited Submissions

18.1) Any non-personal material, information or other communication (“Information”) you post, email or transmit to FitnessGenes will be considered non-confidential and non-proprietary. By sending this Information to FitnessGenes you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to copy, disclose, distribute, incorporate into other material and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

18.2) If you submit Information to FitnessGenes that we subsequently use, you will hereby indemnify FitnessGenes against all damages and costs that FitnessGenes suffers or makes as a result of claims by third parties that the use and/or exploitation of the Information violates the intellectual property rights of third parties or is otherwise wrongful to a third party.

19. Transfer of Rights

19.1) FitnessGenes is entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of the Agreement, the Services or these Terms and Conditions without consent of the Customer.

19.2) The Customer is not entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of the Agreement, the Service or these Terms and Conditions without the consent of FitnessGenes. The consent of FitnessGenes is given entirely at its own discretion.

20. Third Party Rights

20.1) We confirm that it is not your intent or the intent of FitnessGenes to confer any rights on any third parties by virtue of these Terms and Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions. 

21. Force Majeure

21.1) Neither party shall be liable for any failure or delay in performing its obligations under any contract for purchase of the Products to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

22. Disclaimer:

THE ATTENTION OF THE SAMPLE PROVIDER IS PARTICULARLY DRAWN TO THIS DISCLAIMER

22.1) The FitnessGenes product range is intended for informational and educational use only and is not intended to be used for medical advice or diagnosis or treatment. We do not provide medical advice and cannot guarantee a particular outcome as a result of you taking any course of recommended action or advice outlined by your Results on the basis of your genetic profile.

22.2) Although we take a strong evidence-based approach, the information we provide is based on a small subset of genetic markers and as a result is only one part of a much larger picture. There may be additional genes, unknown genetic interactions, environmental factors, or lifestyle choices that are more important predictors.

22.3) Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. Before making any changes to your lifestyle, diet or exercise routines you must first consult a physician or other qualified health care provider.

22.4) Please be advised that you are solely responsible for the way information in your FitnessGenes Report is interpreted and acted upon and any recommendations you follow you do so at your own risk. In no way will FitnessGenes or any persons associated with FitnessGenes be held responsible for any injuries or problems that may occur due to the use of the information provided by FitnessGenes or the advice contained within. If you think you may have a medical emergency, call your doctor or the relevant emergency services immediately.

22.5) In addition, we make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through our Website. Reliance on any information appearing on our Website or other channels including but not restricted to social media is strictly at your own risk. Sites may contain the opinions and views of other users.

22.6) Given the interactive nature of our Website and other channels, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

22.7) Site content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.

22.8) We shall not be responsible for any errors or omissions contained on our Website as it is for general guidance only. We reserve the right to make changes to the Website without notice.

22.9) The Website may contain links to external Internet pages. FitnessGenes has not reviewed all these sites and they are not under our control. FitnessGenes is not liable for the use or the content of these external sites or for the content of any third party site which links to us.

22.10) Neither FitnessGenes, or its successors, employees, partners, suppliers, agents and representatives, nor any other party involved in creating, producing or delivering the FitnessGenes Website is liable for any direct, incidental, consequential, indirect or any other damages arising out of your access to, or inability to access, or use of, or inability to use, the FitnessGenes Website and Products. This includes, but is not limited to, economic loss, injury, illness or death.

22.11) FitnessGenes exclude to the fullest extent permitted by law all warranties, conditions, terms and undertakings, expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the goods and services provided by FitnessGenes. Nothing in this clause shall affect your statutory rights as a consumer.

23. Severability Clause

If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. Parties will replace the invalid parts with conditions that are indeed valid, and which, in view of the content and intent of these Terms and Conditions, conform to the judicial effects of the invalid part as closely as possible.

24. Applicable Law

These Terms and Conditions are governed by and shall be construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute that may arise.

25. Notice

Notices to you may be made via either email, regular mail or through your FitnessGenes Customer Account. Official notices related to our Terms and Conditions must be sent to us at:

FitnessGenes Ltd
Bicester Innovation Centre
Commerce House, Telford Road
Bicester
Oxfordshire
OX26 4LD
UK

Any notices that you provide without compliance with this section on Notices shall have no legal effect.

 

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