FitnessGenes | Terms & Conditions

Terms & Conditions.

Terms and conditions of supply of the products.

- Under our Illumina Global Screening Array (GSA) v1 analysis (introduced 26th January 2018), no less than 95% of markers are called. The analysis will not be repeated in this case.

- Under our 44 variant assay panel analysis v2, no more than two unique genetic variations are missing. The analysis will not be repeated in this case.

- Where DNA is uploaded from another provider, we may be unable to provide results for some traits due to missing/incompatible data.

a. process that Personal Data only on the written instructions of the Customer unless FitnessGenes is required or otherwise authorised by Data Protection Legislation to otherwise process that Personal Data;

b. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (such measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

c. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

d. not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

i. FitnessGenes has provided appropriate safeguards in relation to the transfer;

ii. the Customer has enforceable rights and effective legal remedies;

iii. FitnessGenes complies with its obligations under Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

iv. FitnesssGenes complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

v. notify the Customer without undue delay on becoming aware of a Personal Data breach;

vi. at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Data Protection Legislation to store the Personal Data; and

vii. maintain complete and accurate records and information to demonstrate its compliance with this Clause 7.

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, Services, 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.

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.

a. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

b. fraud or fraudulent misrepresentation; or

c. 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.

Terms & Conditions.

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