Terms & Conditions
Please read these terms and conditions carefully. We draw particular attention to the additional terms and conditions of clause 15 which applies to products that include a genetic test.
verelst-genetics.com (“Website”) is intended only for consumers wishing to order VERELST Genetics products (“Products”). The terms and conditions under which the Products are offered for sale on this Website are set out below. By placing an order on the Website, you accept and agree to be bound by these terms and conditions. VERELST Genetics reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
VERELST Genetics is registered as Verelst Research & Development SL, at Avda. del Rotary Internacional 5, Edif. Tembo, Office 23, 29660 Puerto Banús (Málaga), Spain, VAT No. B93553113.
2. PLACING YOUR ORDER
2.1. To place an Order, you must be 18 years of age or over, and be accessible by a valid email address.
2.2. You may place an order by filling in the order form on the Website and clicking on the appropriate submission button.
2.3. When you place your order, VERELST Genetics will issue a Web Order Number. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. VERELST Genetics may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled/amended after order submission.
2.5. If VERELST Genetics accepts your order, we will notify you of our acceptance by issuing an order confirmation. VERELST Genetics will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email or telephone.
2.6. Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of products offered on the Website.
3. SUPPLY OF YOUR PRODUCTS
Subject to these terms and conditions, VERELST Genetics will supply to you the Products indicated on your order confirmation.
4.1. All prices are in EUR. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are inclusive of VAT where applicable but may be exclusive of shipping costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including shipping.
4.2. If, by mistake, we have under-priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
4.3. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.
5. PAYING FOR YOUR PRODUCTS
5.1. You may pay for your Products by the methods of payment as may be displayed at the Website checkout.
5.2. You must pay in the currency as indicated on your invoice.
5.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. VERELST Genetics will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If VERELST Genetics does not receive such authorisation we shall inform you accordingly. VERELST Genetics reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
6. DELIVERY OF YOUR PRODUCTS
6.1. VERELST Genetics will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by VERELST Genetics are best estimates only and VERELST Genetics shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by VERELST Genetics. If the delivery is prolonged for more than thirty days beyond the original delivery date provided by VERELST Genetics then the Customer has the right to terminate the Agreement and receive a full refund.
6.2. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order.
6.3. Title to and risk of loss in your Products will pass to you on delivery of the Products
6.4. Upon delivery of the Products to the carrier VERELST Genetics will send you a confirmation of shipment by e-mail.
7. EXCHANGES, RETURNS AND REFUNDS
7.1. You dispose of fourteen (14) natural days to inform us about your desire to return one or all of the products that you ordered. For hygienic reasons, the return must always be made with the product closed with its original seal. To proceed with the return, please send us an email to [email protected] indicating:
· Your full name
· Your order number
· Date of the order
· Name and value of the products
· Motif of your desire to return the product(s)
· Your mobile phone number
7.2 Once we have received your request to return the product(s) we will contact you in order to arrange the return and refunding procedure. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure
7.3 Returns that result from breakage, defective merchandise or errors in the processing of your order, will be made at no cost, reimbursing 100% of the cost of the goods as well as the costs of shipping and return of the goods. In this case, this circumstance must be communicated on the day of receipt of the product, sending by email photos of the circumstance, defect or breakage.
In case of a voluntary return, shipping costs will be borne by the customer.
7.4 If you have benefited from a promotion with free shipping and you return the order in part or in its entirety, in such a way that the conditions to which the promotion was subject were not met, the shipping costs not collected will be deducted from the amount to be returned .
7.5 In online purchases only returns are made, not exchanges. If you want a different product than the one you bought, on the one hand you have to return it (you will be paid the corresponding amount) and on the other hand you have to make a new order with the product in which you are interested.
VERELST Genetics – branded Product Warranty: VERELST Genetics warrants the Products as stated on the Web Site. Specific warranties may apply to certain Products (such as customised Products) as specified on the Website. Should the Product supplied by VERELST Genetics not comply with the applicable warranty we shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law VERELST Genetics hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
9. VERELST GENETICS LIABILITY
9.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
9.2. There are no warranties, conditions or other terms that are binding on VERELST Genetics regarding the supply of Products except as expressly stated in the contract.
9.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, VERELST Genetics will not be responsible for ensuring that the Products are suitable for your purposes
9.4. Nothing in the contract shall limit or exclude our liability (I) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
9.5. VERELST GENETICS WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. VERELST GENETICS MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO VERELST GENETICS IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
9.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
10. CONTACTING VERELST GENETICS ONLINE SHOP.
You can contact VERELST Genetics By e-mail to [email protected]
11. DATA PROTECTION
12. CIRCUMSTANCES BEYOND REASONABLE CONTROL
VERELST Genetics will make every effort to perform its obligations under the contract. However, it cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
13. DISAGREEMENTS GOVERNING LAW AND JURISDICTION
VERELST Genetics will try to solve any disagreements quickly and efficiently. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of Spain. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
14.1. Neither VERELST Genetics failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
15. TERMS AND CONDITIONS FOR PRODUCTS THAT INCLUDE A GENETIC TEST
Please read these terms and conditions carefully. We draw particular attention to clauses 15.5, 15.12, and 15.14
a. “VERELST Genetics” means VERELST Research & Development, with registered address at Avda. Del Rotary Intl 5, Edif. Tembo 23, 29660 Puerto Banús – Marbella (Spain).
b. “Product” or “Products” means 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 20 (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).
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 VERELST Genetics 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. VERELST Genetics 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), generated through genotyping of their sample by VERELST Genetics or by its contractors, successors and assignees; or otherwise processed by and/or contributed to VERELST Genetics. 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 VERELST Genetics.
iv. “User Content” is all other information, text, data, software, audio, video, photographs, graphics, messages, or other materials generated by users of VERELST Genetics Products and transmitted, whether publicly or privately, to or through VERELST Genetics.
g. “Agreement” means the agreement that is entered into between VERELST Genetics 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 VERELST Genetics.
15.2. Acceptance of Terms
15.2.1 Access and use of VERELST Genetics Products is subject to the terms of the legal agreement between you and VERELST Genetics set forth in these Terms and Conditions.
15.2.2 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 VERELST Genetics account.
In order to access and use the Products you must first agree to these Terms and Conditions.
15.2.3 VERELST Genetics 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.
You may not use the Services and may not accept the Terms and Conditions if:
a) you are not of legal age to form a binding contract with VERELST Genetics; or
b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
c) You may not use the Services if you are, unless authorized by VERELST Genetics, using the Services for a business or commercial purpose, or any purpose other than personal use.
d) In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these Terms and Conditions on behalf of yourself or those for whom you have legal authority to agree.
15.4. Description of the Products
15.4.1 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.
15.4.2 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 VERELST Genetics at the time of purchase.
15.4.3 VERELST Genetics 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.
15.5. Important Risks and Considerations Regarding VERELST Genetics 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.
15.5.1) 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 VERELST Genetics 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.
15.5.2) 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 VERELST Genetics is based on the latest research at the time of publication and is correct to the best of our knowledge.
15.5.3) The laboratory may not be able to process your sample.
The laboratory may not be able to process your sample if your saliva sample does not contain a sufficient amount of DNA, if it 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, VERELST Genetics 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, VERELST Genetics reserves the right to cancel the Agreement in these circumstances. This represents the limitation of our liability.
15.5.4) The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible. 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.
15.5.5) 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.
15.5.6) 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 VERELST Genetics 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) testing 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: [email protected]
15.5.7) 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.
15.5.8) The VERELST Genetics 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 genetic markers. There may be additional genes, unknown genetic interactions, environmental factors, or lifestyle choices that are more important predictors.
If your data indicates that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicates you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition.
Before making any changes to your lifestyle, diet or exercise routines you must first consult a physician or other qualified health care provider.
15.5.9) 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 VERELST Genetics or any persons associated with VERELST Genetics be held responsible for any injuries or problems that may occur due to the use of this information or the advice contained within.
VERELST Genetics does not endorse, promise or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions or other information that may be mentioned on our Website or available through our Service.
If you have any concerns or questions about what you learn through your access to VERELST Genetics Products that cannot be answered by your VERELST Genetics advisor, you should contact your physician or other health care provider.
15.6. Use of Personal Information
15.6.1) If an account is registered or a Product order placed, VERELST Genetics will process Registration Data, such as name, address, email address and phone number of the Customer.
188.8.131.52) This Registration Data will be used by VERELST Genetics 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 VERELST Genetics or of our latest products and/or services that we believe they might find of interest.
184.108.40.206) The Customer will have the option to opt out of receiving further information and have all personal details removed from VERELST Genetics databases.
220.127.116.11) This Registration Data shall not be passed to third parties without prior consent, unless there is a legal obligation or judicial order.
15.6.2) The Genetic Data, as contained in the DNA sample you provide to VERELST Genetics, is considered sensitive Personal Information. By providing a DNA sample to VERELST Genetics the Sample Provider agrees to give their explicit consent to VERELST Genetics 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.
15.7. Customer Account
15.7.1) Some services on our site permit 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.
15.7.2) If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if VERELST Genetics has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VERELST Genetics has the right to suspend or terminate your account and refuse any and all current or future use of our Products.
15.7.3) As part of your website account setup with VERELST Genetics, 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 VERELST Genetics website through your username and password, you will defend and indemnify VERELST Genetics 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 VERELST Genetics 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. VERELST Genetics cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
15.8. Data Protection
15.8.1) VERELST Genetics 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 VERELST Genetics. 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.
15.8.2) 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.
15.8.3) 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.
15.9. Customer Warranties
15.9.1) By accessing VERELST Genetics Products and services, you agree to, acknowledge, represent and warrant the each and every of the following:
a) You give permission to VERELST Genetics 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) 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 VERELST Genetics 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.
15.9.2) 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, VERELST Genetics 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 VERELST Genetics and its affiliates against any liability, costs or damages arising out of breach of the representation.
The price of the Service excludes delivery costs for return of the sample to the VERELST Genetics lab.
15.11. Right to Cancellation
15.11.1) 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 VERELST Genetics after this seven-day period, VERELST Genetics reserves the right to refund any payment made by the Customer less any delivery and/or consumable costs incurred.
15.11.2) To exercise their right to cancellation the Customer must notify VERELST Genetics in writing or by email using the contact details found on the Website. If the Customer exercises their right to cancel, VERELST Genetics shall see to the reimbursement within 30 days of safe receipt of all returned goods.
15.11.3) In the event of the frustration of the contract due to, but not limited to, one or more of the following;
18.104.22.168) the absence of a usable DNA sample being provided to VERELST Genetics, or
22.214.171.124) no receipt of the required written consent by the Sample Provider to agree to these terms and conditions being provided, or
126.96.36.199) a bona fide Force Majeure Event as defined in clause 22, or
188.8.131.52) any other such frustrating event as identified by law and advised in the opinion of a barrister or solicitor appointed by VERELST Genetics, then VERELST Genetics is entitled to validly Terminate the contract under clause 15.13.
15.12. Limitations of Liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THESE LIMITATIONS OF LIABILITY
15.12.1. VERELST Genetics 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
15.12.2. VERELST Genetics 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 VERELST Genetics under this Agreement.
15.13.1) VERELST Genetics 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) VERELST Genetics is required to do so by law; or
d) the partner with whom VERELST Genetics offered the Products to you has terminated its relationship with VERELST Genetics or ceased to offer its services to you; or
e) a contractually frustrating event arises as described in clause 15.11.3, or
f) VERELST Genetics is no longer able to provide the Products to users in the country in which you reside.
15.13.2) If VERELST Genetics terminates the contract in accordance with this clause 15.13 then it will not be liable for any costs or damages incurred by the Customer as a result of early termination.
15.13.3) Payments in advance before Termination do not have to be reimbursed.
15.13.4) 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.
15.13.5) The Customer and the Sample Provider acknowledge and agree that VERELST Genetics shall not be liable to you or any third party for any termination of your access to the Products.
15.13.6) 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.
THE ATTENTION OF THE SAMPLE PROVIDER IS PARTICULARLY DRAWN TO THIS DISCLAIMER
15.14.1) The VERELST Genetics 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.
15.14.2) Although we take a strong evidence-based approach, the information we provide is based on genetic markers and there may be additional genes, unknown genetic interactions, environmental factors, or lifestyle choices that are more important predictors.
15.14.3) 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.
15.14.4) Please be advised that you are solely responsible for the way information in your VERELST Genetics Report is interpreted and acted upon and any recommendations you follow you do so at your own risk. In no way will VERELST Genetics or any persons associated with VERELST Genetics be held responsible for any injuries or problems that may occur due to the use of the information provided by VERELST Genetics or the advice contained within. If you think you may have a medical emergency, call your doctor or the relevant emergency services immediately.
15.14.5) 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.
15.14.6) 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.
15.14.7) 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.
15.14.8) 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.
15.14.9) The Website may contain links to external Internet pages. VERELST Genetics has not reviewed all these sites and they are not under our control. VERELST Genetics 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.
15.14.10) Neither VERELST Genetics, or its successors, employees, partners, suppliers, agents and representatives, nor any other party involved in creating, producing or delivering the VERELST Genetics 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 VERELST Genetics Website and Products. This includes, but is not limited to, economic loss, injury, illness or death.
15.14.11) VERELST Genetics 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 VERELST Genetics. Nothing in this clause shall affect your statutory rights as a consumer.
16. VERELST Genetics Intellectual Property Rights
16.1) We assert all our intellectual property rights, including but not limited to copyright, databases and know-how, in our Website and Products. VERELST Genetics logos and product and service names are trademarks of VERELST Genetics and these marks together with the VERELST Genetics name and any other VERELST Genetics trade names, service marks, logos, domain names and other distinctive brand features are the “VERELST Genetics Marks”.
16.2) Unless agreed otherwise in writing by VERELST Genetics, other than through the Use of Materials in Section 17, nothing in these Terms and Conditions gives you a right to use any VERELST Genetics Marks and you agree not to display or use in any manner, VERELST Genetics 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.
16.3) 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 VERELST Genetics and/or third parties.
17. Use of Content
17.1) All domains and copyright in the Website and associated Products is owned by VERELST Genetics and all trade marks are the property of VERELST Genetics.
17.2) 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.
17.3) 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.
17.4) You may not modify, reproduce, republish, post, transmit, distribute or use any of the Website or Product content for any other purpose without VERELST Genetics express written consent. Where consent is granted, you agree to:
(i) provide the content as it appears on the VERELST Genetics 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: VERELST Genetics. 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.
17.5) 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.
18. Rules of Conduct
18.1) 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.
18.2) 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.
19. Unsolicited Submissions
19.1) Any non-personal material, information or other communication (“Information”) you post, email or transmit to VERELST Genetics will be considered non-confidential and non-proprietary. By sending this Information to VERELST Genetics 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.
19.2) If you submit Information to VERELST Genetics that we subsequently use, you will hereby indemnify VERELST Genetics against all damages and costs that VERELST Genetics 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.
20. Transfer of Rights
20.1) VERELST Genetics 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.
20.2) 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 VERELST Genetics. The consent of VERELST Genetics is given entirely at its own discretion.
21. Third Party Rights
We confirm that it is not your intent or the intent of VERELST Genetics 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.
22. Force Majeure
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.