1. General Terms for Our Services
By visiting our website and/or purchasing our product, you engage in our Services and agree to be bound by these terms and conditions (“Terms”). Except as specified herein, these TOS apply to all users of this site and any use of the Services, including but not limited to:
- a) Providing a saliva sample for DNA extraction and processing,
- b) Uploading a digital version of your Genetic Information and interacting with it on our website, and/or
- c) Creating and using a personal (free) account without providing your saliva sample or Genetic Information.
Please read these TOS carefully before accessing or using our website. You will be required to agree to our TOS to use our Services. You will not be able to use Services if you do not accept the TOS. You can accept the terms of the TOS by 1) clicking the ACCEPT or AGREE button(s) which are required to proceed, where this option is made available, or by 2) by using the Services, you are deemed to have agreed and accepted the terms of this TOS.
In addition, when using any area of the Services, you are subject to any guidelines or rules applicable to such services that may be disclosed, requested or posted. All such guidelines or rules are hereby incorporated by reference into the TOS. We also may offer other services from time to time that are governed by different terms of service.
a. “Discover DNA” means Discover DNA, which is owned by Discover DNA Pte Ltd (“we”, “us” and “our”) with principal place of business at 33 Ubi Ave 3 #02-36.
b. “Discover DNA Research” means scientific and/or medical research and development that Discover DNA performs, the result of which may be published in a peer-reviewed scientific journal. Discover DNA Research only uses Genetic and Self-Reported Information from users who have given applicable consent as stipulated in Informed Consent.
c. “Product Development” means research performed for the purpose of new product development and new product development activities performed by Discover DNA on anonymised user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis.
d. “Service” or “Services” means Discover DNA Test(s), products, mobile app, software, services, consultation and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
e. “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Discover DNA collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, phone number, email, address, user ID and password, and payment information).
- “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your DNA sample by Discover DNA or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Discover DNA.
- “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, and other information that you enter into surveys, forms, or features while signed in to your Discover DNA account. Self-Reported Information is included in Discover DNA Research only if it has been indicated for Discover DNA Research use on the website and if you have given consent according to the Informed Consent form.
- “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of Discover DNA Services and transmitted, whether publicly or privately, to or through Discover DNA.
- “Web Behavior Information” is information on how you use the Discover DNA website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
f. “Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been combined with that of other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
3. General Conditions
a. Whether you submit your own DNA sample, or otherwise provide your own Genetic Information, or a DNA sample or Genetic Information of whom you have the legal authority to do so, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Discover DNA, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
b. In addition to the conditions above, if you contribute or otherwise provide Genetic Information of your own, or of whom you have the legal authority to act on his or her behalf, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have the legal authority to agree to these TOS.
4. Our Services
The Services will allow access to our website and personal genotyping services, such as the collection and analysis of your saliva sample. You should understand that the Services are provided “AS-IS” and the current state of the art of genetic research and technology, at the time when you purchase, is used for our Service. Moreover, you should understand that the nature of the Services may change from time to time without prior notice.
As part of Discover DNA‘s technological innovation in providing better Services to the Customer, including but not limited to system, security, content upgrades and maintenance, you acknowledge and agree that Services may stop (temporarily or permanently) at our sole discretion and without prior notice. You may also choose to stop using the Services at any time. In such case, you are not required to inform us in advance unless you request closure and termination of your account. Under no circumstances will Discover DNA or its affiliates assume responsibility for the use of Services outside the terms of these TOS or other applicable terms.
In order to use the Services, the Customer understands that the Services are offered only through the internet, and it will be your responsibility to obtain internet access, either directly or through devices that can access to the internet. Any fees arising from the internet access will be your sole responsibility. Moreover, you must provide all equipment necessary to make an internet connection, such as a computer and modem or other access device. You are solely responsible for providing such equipment and Discover DNA will not be responsible for any costs that arise from the need to obtain such equipment.
You acknowledge and agree that it is the discretion of Discover DNA to set a fixed upper limit on the storage volume or number of transmissions you may send or receive through the Services, and these upper limits may be changed by us at any time, at our discretion. In instances when there is a surge of traffic to our web site occurs or when we must shut down any or all access (es), you shall be forewarned that you may not be able to access your genetic information or receive Services for a given time.
4.2. Possible Risks and Considerations
a. Once your Genetic Information (through your saliva sample) is provided through our Services, the disclosed genetic data, the Genetic Information and new knowledge is irrevocable: the Customer shall not assume any information provided to you as part of the Services, whether now or as genetic research advances, will all be of a positive nature, either psychologically, physically, or in health terms. You are cautioned that genetic research and testing is still in its early stage of scientific discovery, and there are limitations in the Genetic Information currently offered by Discover DNA’s DiscoverMe products. Limitations will include the fact that not all information provided by the Services is validated or replicated. Thus, the Customer is strongly advised to obtain further Services from us or consult a health care provider on an ongoing basis in order to accommodate any discovery or changes in Information as scientific discovery advances.
b. The Genetic Information that you will gain access to may include that is not expected or previously unknown: some Genetic Information can evoke psychological distress or negative emotions. There may be discoveries that can trouble you psychologically, emotionally and physically which you may not be able to control or change. These outcomes can lead to social, legal, or economic implications for you or for your relations that share similar Genetic Information. The customer should be aware of the personal merits and demerits of genetic testing BEFORE purchasing or using our Services. Discover DNA will not be responsible for any claims or damages incurred from the outcome of our Services or Genetic Information provided.
c. Technological advancements in Genetic Testing are constantly ongoing. Discover DNA, as your genetic testing partner, has incorporated best practices in selecting the most advanced equipment and utilizing highly trained Genetic Testing Technicians to provide you with the most accurate genetic testing results. However, the Customer should be aware that your saliva sample may not pass our internal testing protocol or may result in errors when the following conditions occur: if your saliva does not contain enough volume of DNA, if you do not provide enough saliva, or bacterial or viral infections and chemical residue that might be present in the saliva sample could significantly lowering testing accuracy. If our testing process and protocol detects any likely failure PRIOR to genotyping process, we will send a second saliva collection kit at no extra charge to the Customer. However, the Customer will bear the shipping costs to send the new saliva sample back to us. If the attempt to process the second sample results in failure, we will offer to send a new (the third) saliva collection kit to the user for a fee, and the Customer will bear the shipping costs to send the third saliva sample back to us.
If the samples arrive in good condition and pass our internal testing process and protocol and genotyping is conducting, a 97% call rate (the % accuracy at which the results are produced) is expected. If the genotyping results in a call rate under 70%, Discover DNA will resend a collection kit at no charge and offer you a retest at no additional charge. If the genotyping results are over 70% call rate and if the Customer wishes to retest in order to obtain a higher call rate, then we will offer a single retest at a cost which includes a free saliva collection kit. Despite any relevant technological advancements in Genetic Testing, Discover DNA reserves the right to refuse retest a Customer if it believes that the saliva samples provided by the Customer are not of sufficient quality for whatever reasons known or unknown. Discover DNA will not be obligated to disclose the refusal reason(s) for retesting the Customer’s saliva sample.
d. The Customer should be aware that Genetic Information obtained is limited in nature and the Customer should not judge their lifestyle choices or health behavior solely based on the Genetic Information. We strongly advise you to discuss your Genetic Information with a physician or other healthcare providers before you act upon the Genetic Information resulting from our Services. There may be unknown genes that are currently not offered in the Services, various influential environmental factors, or lifestyle choices that are far more important predictors to make healthcare decisions. If your Genetic Information indicates that you are (or not) at elevated genetic risk for a particular disease or condition, it does not imply, wholly or in any partial way, that you will (or not) definitively develop the disease or condition. In either case, if you have concerns or questions about the new information, it will be your responsibility to consult your physician or other healthcare provider.
e. Genetic Research and Genetic Testing offered by Discover DNA is currently neither comprehensive nor conclusive. The data provided in our Service rely mainly on published studies, and not all data or its advice will apply to you. Future scientific research may change the results of your DNA. In the future, a new scientific discovery may prove previous or currently available research findings to be incomplete or inaccurate. Discover DNA does not provide any Representation in regard to the public data used to provide Services. Furthermore, Discover DNA does not guarantees or provide any Warranties regarding the Services or data provided through our Services, and will not be responsible for any claims made against the quality of the data provided.
f. The Customer agrees that it will be the Customer’s responsibility to acknowledge that Genetic Information in which you choose to voluntarily share with a third person can be used against your personal interests and can result in psychological, social or economic damages. We strongly recommend that you review thoroughly the merits and demerits of disclosing or sharing your Genetic Information with others.
Genetic Information and its disclosure may result in beneficial or discriminatory actions or reactions in general. For example, disclosing your Genetic Information may result in partial disclosure of your family and relatives who may share similar genetic traits. Although very few businesses, employers or insurance companies request genetic information, information that is made public by you could influence you in ways that are not predictable. In consideration of the legal implications that may arise based on public disclosure, we advise you to consult with a legal representative in your country in advance. In addition, depending on your resident country, Genetic Information which you choose to share with your physician or other healthcare provider may become a part of your medical record and may be accessible by other healthcare providers and/or insurance companies in the future. Genetic Information shared with your family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, the information could have greater meaning in the future as new discoveries are released. The Customer agrees to indemnify Discover DNA against all claims, disputes, or damages incurred by the Customer’s voluntary sharing of Genetic Information.
g. The Services and Genetic Information provided to the Customer are solely for Research, Informational, and Educational purposes. We do not provide any medical advice or health interpretations based on the results nor do we claim in any way that the Services or Information provided can and should be used for medical advice or health interpretation. The Services are not intended to be used or interpreted by the Customer as diagnostic purposes and are not to be used a substitute for professional medical advice. You should always seek the advice of your physician or other healthcare provider for any questions you may have regarding diagnosis, cure, treatment, mitigation or prevention of any disease or other medical condition or impairment or the status of your health.
We do not endorse warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other healthcare provider, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations for you based on the Genetic and Self-Reported Information and scientific literature or research, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Only a trained physician or other healthcare provider can assess your current state of health or disease, taking into account many factors, such as in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by us, our employees, other individuals or information appearing on our website at the invitation of us or other visitors to our website is solely at your own risk.
5. Users Representations
When you access our Services, it means that you, the Customer, agree to, acknowledge and represent as follows;
- a. You allow us, our contractors, successors and assignees to perform sequencing and genotyping on your DNA extracted from your saliva sample and you specifically request us to disclose the results of analyses.
- b. You understand that information provided by our Services are not intended to diagnose, prevent or treat any disease, condition or symptoms, or to find the state of your health without having any medical and clinical information. Our Services are only intended for research, educational, and informational purposes, and any information should not be used as a point of diagnosis or a possible treatment. If you wish to utilize your Genetic Information data for healthcare decisions, it should always be confirmed and supplemented by additional medical and clinical testing. You acknowledge that we urge you to seek the advice of your physician or other healthcare provider if you have questions or concerns arising from your Genetic information.
- c. You are aware that some of the information we provide may provoke strong emotion, and/or psychological and physical distress.
- d. You represent that you are eighteen (18) years of age or older if you are using our Services, including providing a saliva sample or accessing your Genetic Information.
- d. You understand that you provide your own sample.
- e. You understand that any action you take through our Services is not subject to any export ban or restriction in the country in which you reside.
- f. You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside, subject to local regulation in your jurisdiction of residence.
- g. You warrant to us that you do not belong to an insurance company attempting to gain information about employees or insured people.
- h. You are responsible for all possible consequences resulting from sharing your Genetic Information and/or your Self-Reported Information allowing others to access your information.
- j. You give permission that we store all your Personal Information in our databases.
- k. Waiver of Property Rights: You confirm that you cannot claim any rights regarding any research or commercial products that Discover DNA or our collaborating partners may develop, based on your Genetic Information or provided Self-Reported Information.
You agree that you have the right to provide this representation under the laws of the locality, state or country jurisdiction in which you reside. If you violate any one of these representations, we have the right to suspend or close your account. We may reject your current or future use of our Services (or any portion thereof).
6. Account Information
When you consider the use of our Services, you agree to 1) provide accurate, correct, complete and current Registration Information in using our Service, and 2) ensure the Registration information will be updated in order to provide accurate, correct, complete and current information. If any Registration information that is found to be not accurate, correct or complete, we have the right to suspend or close your account and we may reject current or future use of the Service (or any portion thereof).
You are fully responsible for maintaining your password and account security. Any liability, costs or damages that are incurred due to the sharing of your account with a third person will be your sole responsibility. You agree to 1) immediately inform Discover DNA about any unauthorized use of your password or account or any other breach of security, and 2) ensure that you log off from your account at the end of each browsing session. Discover DNA will not take any responsibility regarding any damage or loss caused by failure to comply with this Section.
7. Discover DNA Privacy Statement and Disclosure Policy
When you use our Services, you MUST agree to our Privacy Statement. If you do not agree to our Privacy Statement, you may not purchase or use our Services. You can acknowledge and agree to the Privacy Statement by 1) clicking the ACCEPT or AGREE button to our Privacy Statement, where this option is presented to you before using any Service, or 2) by actually using the Services.
You should understand and agree that your use of our systems can be monitored by us at any time. Our Privacy Statement describes what types of information we collect and how to use them through our Services, website or other systems. Discover DNA reserves the right to anonymise information with a third party for Research Purposes without asking for and receiving your explicit to do so.
Furthermore, you agree that we can preserve and disclose your Personal Information to agencies that enforces laws or otherwise if required to do so by law, in order to 1) enforce our TOS, 2) comply with legal process, (including a judicial proceeding, government inquiry, or court order ) or other obligations related to ethical and other professional rules, regulations and laws, 3) respond to claims that any content violates the rights of third persons, or 4) protect the rights, property, or personal safety of us, our employees, our users, our clients, and the public. If any of these events occurs we will inform you through the current contact information that is part of your account, unless doing so would violate the law or a court order. You agree that there can be technical processing and transmission of the Services, such as your Personal Information, through transmissions over various networks, or technical changes or adaption. Finally we may, in our sole discretion, restrict access to the website for any reason. Please refer to our Privacy Statement in the Link below about further data protection related to your information.
8. Limited License
You acknowledge that all User Content that you post or transmit, whether publicly or privately, is the sole responsibility of the person who provided such User Content. In other words, you and not Discover DNA, are entirely responsible for all User Content that you post, email, or otherwise transmit via the Service.
You understand that our Services and our content are protected by Discover DNA copyright and/or other intellectual property rights and/or licensors and sponsors who provide the content to us which we provide to you as part of our Services.
We allow our contents to be copied and distributed freely by you for non-commercial purposes only when our content in the Services and any other content on the website that is not included in this Section 1) you provide the Services content shown on our website and 2) you offer it free of charge. In using our contents, the Customer cannot edit or alter any of the contents in a way that may result in misinterpretation or misrepresentation of the original information and must include the following contribution on the materials you distribute: “© DISCOVER DNA. 2021. All rights reserved; distributed pursuant to a limited use license.” You specifically agree that you have no right to offer anyone else any further right with respect to this Services content. Aside from the limited license provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content, either in whole or in part, unless you have been specifically told that you may do so by us in a separate agreement.
9. Prohibited Activities
You warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions or notices, as part of the conditions for you use of our Services. We will consider it to be a violation of our TOS if you use the Services to impair, disable, damage, or overburden our Services or interfere when other Customers enjoy or use our Services. We will consider it to be unlawful use when other materials and information are obtained or are attempted to be used which are not made available or provided through the Services.
Furthermore we will consider it to be unlawful and prohibited activities when our Services are used to,
1) email, upload, post, or otherwise transmit any materials that are considered to be derogatory, offensive, or obscene, including anything that can be thought to be harassment based on color, race, nationality, gender, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
2) give any misleading impression or information regarding any person or entity, including but not limited to, our affiliates, or otherwise misrepresent your affiliation with a person or entity;
3) harass another person;
4) manipulate identifiers so that we cannot track the origin of any content transmitted through the Service;
5) email, upload, post or otherwise transmit Discover DNA content that you are not allowed to transmit under any law or contractual or fiduciary relationships, such as confidential and proprietary information, inside information, obtained or disclosed as part of employment relationships or under nondisclosure agreements;
6) use any information received through the Services to attempt to identify other customers, to contact other customers or for any forensic use;
7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
8) email, upload, post or otherwise transmit any content that limits our or other persons’ Rights including trademark, trade secret, patent, copyright, or other proprietary rights;
9) hurt minors in anyway;
10) promote or advertise goods or services possibly bought or sold for commercial purposes, except when we allow you to do so;
11) email, upload, post, or otherwise transmit any content that can be categorized into spam mail, except as permitted by law;
12) email, upload, post, or otherwise transmit anything which may be made for the purpose of damaging functions of computer software or hardware or telecommunications equipment, such as software viruses, computer files, programs or code;
13) any attempt at web scraping or crawling unless explicitly permitted by us;
14) stimulate the function or appearance of our website such as mirroring or framing;
15) override or damage security of our Services;
16) intervene our Services or interrupt servers or networks connected to the Service;
17) violate these TOS or other guidelines that can be applied to any part of our Services;
18) violate any applicable law, whether intended or not.
Furthermore, you agree NOT to sell, resell, create derivative works from, reproduce, publish, distribute, display, license, perform, publish, reproduce, duplicate, copy, modify, exploit, transmit, or transfer our Services for any commercial purposes. You agree that any violation of your obligations under the TOS and the consequences of any such breach are your responsibility. If there are any violations, we can suspend or close your account and reject the use of our Services.
10. Laws and Regulations Regarding Export
We recognize the global nature of the Internet, and you acknowledge and agree to comply with all local rules regarding online conduct and acceptable content. Especially, you should understand that:
1) our Services including providing your sample, are not a violation of any export ban or restriction in the country in which you reside;
2) your sample and data may be analyzed and processed outside the country in which you reside;
3) you will comply with all applicable laws regarding the transmission of technical data exported from the countries in which we operate or the country from which you access our Services online.
11. Intellectual Property and Your Rights
11.1. User Content
We claim no rights of ownership over your User Content, such as comments, feedback and other submissions, unless explicitly specified. However, you warrant to us that we can reproduce, modify, translate, publish, distribute, edit, display or create any derivative works with your User Content. We also have the right to offer the User Content to other companies, affiliates or individuals. You understand that we may transmit your User Content publicly through various networks and media, and change it due to the technical requirements of connecting networks, devices, media or services. Furthermore you understand that you give permission to us to take these actions.
11.2. Genetic and/or Self-Reported Information
We will not disclose your Genetic and/or Self-Reported Information to third persons unless it is for Research use and when we are required by law. However we have no obligations or liabilities for Genetic and/or Self-Reported Information that you share or update publicly on our website. It is your responsibility to maintain your security and enforce those rights. The saliva sample that you provide will not be returned to you when it is processed and analyzed. We offer no financial benefits to you by having your Genetic Information to us.
11.3. Waiver of Property Rights
As stated above, we have no obligation to compensate or offer financial benefits by conducting research and developing commercial products with the data provided by you including Genetic Information and Self-Reported Information.
You agree to indemnify, defend and hold harmless Discover DNA and our subsidiaries, affiliates, partners, employees, officers, agents, contractors, partners, licensors, service providers, subcontractors, suppliers, interns and successors, from any claim or demand, including reasonable attorney’s fees, made by any third-person due to or arising out of your breach of these TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third-person.
If you choose to offer your saliva sample, you agree to defend and hold harmless Discover DNA, our employees, contractors, successors and assigns from any liability arising out of the use or disclosure of any information obtained from the use and the disclosure of information obtained from processing and analyzing your saliva sample consistent with our Privacy Statement or results from any third-person add-ones to tools we provide. Furthermore, you agree to defend and hold harmless Discover DNA, our employees, contractors, successors, and assignees if you offer your Genetic and/or Self-Reported Information to third-persons from any claim, demand or liabilities arising from such disclosures.
13. General Practices
Certain Services may be available exclusively online through the website and/or mobile application. These Services may have limited quantities and are subject to return or exchange in accordance with our Return Policy.
You understand that we have made every effort to display as accurately as possible the colors and images of our products as they appear in retail store. We cannot guarantee the accuracy of the colors displayed on your computer monitor’s display.
You agree that we reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction, or other use of the Services, such as any limitation on the maximum number of days or the maximum number of times that you can access Personal Information and the Services in a certain period. We may exercise this right on a case-by-case basis.
14.1. Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice to you. We shall not be liable to you or to any third-person for any modification, price change, suspension or discontinuance of the Service. You agree that we may require you to download or install software in your computer from time to time in order to improve, develop and enhance our Services. In case of failure to download or update, part of Services can be deleted. This may result in deletion of your Personal Information and Genetic Information from our servers and may terminate Services automatically.
14.2. Modifications to TOS
We reserve the right to make changes to this TOS from time to time without prior notice to the Customer. When changes are made, we will upload the edited version of the TOS on our website and any new additional terms will be provided to you from within, or through the affected Services. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, we will treat your use as acceptance of the updated TOS. You understand that we may change to different or provide additional technologies for collection and analysis of Genetic Information without prior notice, which may be different from your initial purchase of our Services. You agree that if you choose to be provided any different or additional technologies, you will be required to by pay extra fees for collection and interpretation of your Genetic Information to receive the new Service.
15. Termination of Our Services
The obligations and liabilities of the parties incurred prior to the termination data shall survive the termination of this agreement for all purposes. These TOS are effective unless and until terminated by either you or us. You may terminate TOS at any time by notifying us that you no longer wish to use our Services or when you cease using our site. Your notice should be sent via email, which is set out online via email@example.com. We may require you to submit proof of identification, in order to verify that you are, in fact, the owner of your account and the termination has been requested by you. Furthermore, in the event you provide us with termination notice online, we will promptly send you an email requesting you to confirm your request, and your notice will be effective following receipt of an email confirmation from you. In order to confirm the termination notice, we will not accept any termination via phone. If in our sole judgement, you fail or you are suspected to fail to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny your access to our Services (or any part thereof).
16. Survival of Terms
All indemnities towards our Services outlined in this TOS will survive after termination notice has been provided and your account has been terminated.
17. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with or participation in promotions of information providers, vendors, and/or resources found on or through the Service, such as payment and delivery of related goods, or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider and you are liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
18. Third-person Links
Certain content, products and services available via our Services may include materials from third-persons. Third person links on this site may direct you to third-person websites that are not affiliated with us. You agree that we are not responsible for examining or evaluating the accuracy of any content pm third-person websites and we do not warrant and will not have any liability or responsibility for any third-person materials or websites, or for any other materials, products, or services of third-persons.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource. If you wish to purchase health care products such as supplements or health drinks, engage in healthcare activities or services based on information received the Services, Discover DNA will not be responsible for any damages arising from direct or indirect actions taken by the Customer.
19. Discover DNA’s Rights
The Customer shall acknowledge and agree that Discover DNA has ownership of all legal right, title, and interest in and to the Services, such as any intellectual property rights.
You acknowledge and agree that intellectual proprietary and confidential information that is protected by applicable laws and regulations may be contained in the Services and any software connected to our Services. Furthermore, you acknowledge and agree that any content and information provided by our Services or sponsors is protected by patents, copyrights, service marks, trademarks, or other proprietary rights and laws. You acknowledge and agree that you do not give permission yourself or to any third person to sell, lease, distribute, modify, create derivatives, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software (or any part thereof), in whole or in part. You agree not to obscure, alter or delete any proprietary rights and notices that may be contained in our Services. Unless we allow you to do so, you agree not to use any service mark, trade name, trademark, logo of any company or organization in such manner that causes confusion, whether intentionally or unintentionally, about the ownership or authorized user of such marks, names, or logos.
20. Disclaimer of Warranties; Limitation of Liabilities
20.1. Disclaimer of Warranties
You expressly acknowledge and agree that: (1) Your use of the Services are at your sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and (e) any errors in the software will be corrected. (3) Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your smart phone or computer system or loss of data that results from the download of any such material. (4) No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOS. (5) You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. We do not control or endorse any actions resulting from your participation in the Services and, therefore, we specifically disclaim any liability with regard to any actions resulting from your participation in the services.
20.2. Limitation of Liabilities
Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in through or from the services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorised access to or alteration of your transmissions or data; (f) the improper authorisation for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
Our primary method of communication or sending notice will be done via either email or content posted on our website. Due to the communications being sent on an irregular basis, you are encouraged to regularly check our website and the email address that you have registered with us.
22. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and offers for product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
23. Violation or Suspected Violation of Terms of Service
If any violation of the terms of these TOS is made by you and/or we have reasonable ground to suspect that you have violated the terms of these TOS, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
24. Entire Agreement
These TOS and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.
25. Governing Law
These TOS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Our failure of exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
27.2. Term for cause of action.
You acknowledge that any claim or demand or cause of action arising from or related to the use of our Services or the TOS must be filed within 3 months. Only after such claim or demand is filed can any further cause of action arise.
27.3. Admissibility of printed version.
A printed version of this agreement will be effective in judicial or administrative proceedings.
You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Without prior notice to you, we may freely assign or delegate rights and obligations under the Agreement, whether fully or partially.
We have the right to modify, supplement or replace the terms of this Agreement, effective upon posting at www.genelife.asia or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 15 (Termination).
28. Our Contact Information
Questions about the TOS should be sent to us at: firstname.lastname@example.org