Terms of Service
This document sets out the terms and conditions (the “Terms”) between HeartGenetics, Genetics & Biotechnology, S.A., a Company incorporated and existing in Portugal with Company’s Identification number 510575994 its successors and permitted assigns (“HeartGenetics”, “WE”, “US”, “OUR”) applicable when You engage from US one of Our available services as described herein (hereinafter “the Service”) as available and updated from time to time. Where the Service is associated with OUR Webapp, the Terms and conditions of the Webapp – available here – also apply to YOU in addition to these Terms.
Should You have any reservations, doubts, objections You should refrain from engaging and/or using the Service.
WE reserve the right to change these Terms at any time. Any amended Terms will be integrated herein from time to time effective as of the date of its posting provided however that the version applying to You will be that that was in force as at the date when You engaged the Service from US.
Your continued access and use of the Services imply reinstatement of Your acceptance to the Terms as amended and in force from time to time.
Applicable from February 1st 2019.
1. Acceptance of Terms
Your use of the Service (excluding any services provided to You under separate terms or a specific agreement) is subject to the herein Terms. Except as specified herein, these Terms apply to any use by YOU of the Service as described herein.
You should print a copy of these Terms applying to the Services or save them to your computer for future reference.
We may provide other Services to You and/or provide You with products from OUR portfolio pursuant to different terms provided, however, that certain products and services from OUR portfolio are for professional use only and not available to individuals.
The Services are not intended for under aged or legally unable users (“Minors”). Minors shall not be admitted to engage, access and use any of OUR Services except where such is made on their behalf by their parents, custodians and/or tutors or other legal guardians (the “Guardians”) by lawful means.
Without prejudice from the aforesaid, Guardians should remain vigilant at all times of Minors and shall be fully liable for their unsupervised activity where Minors may fraudulently impersonate a person of age and purchase and/or access the Service from US.
You, as a Guardian (if applicable), shall defend and hold US indemnified and harmless from any consequences arising from the engaging and/or access and/or use of OUR Services by a Minor that may be under Your parental control, guard and/or custody.
In addition to the conditions above, if You contribute or otherwise provide Your own Genetic Information for the purposes of hiring the Adding Knowledge© Service, You must be of age (i.e. at least eighteen (18) years of age or older) to agree to the Terms on behalf of Yourself or whom You may be representing.
In order for US to perform the Services and as a mandatory pre-condition in respect thereof We will require that You grant Your Informed Consent to US. Please download Your copy of the Informed Consent Form for the Adding Knowledge© Service here. Read the Informed Consent Form carefully, and if You agree, print it down, sign-it off and submit it to US with Your Order.
Our Adding Knowledge© and DNA Coach© Services are not B2B intended although in certain circumstances they may be available to companies or other corporate bodies (for instance, fitness academies), subject however to separate agreements with US.
WE do not verify or validate the legal existence and good standing of legal entities nor do WE check representation rights of anyone using the Service as a legal representative of any institution, corporation, company, association or any other form of collective person.
Companies, corporations and any other collective persons should adopt organizational measures and adopt adequate controls to supervise internet activity in their own name (if any).
3. Description of Our Services
3.1. The Adding Knowledge© Service
Adding Knowledge© is not a genetic test and WE will not be considered as a genetics laboratory performing a genetic test for YOU in connection with this Service.
Adding Knowledge© is engaged from US when YOU upload a digital version of your Genetic Information and interact with US directly or through OUR Website at https://www.heartgenetics.com (the “Website”) to the effects of the Service being provided to You.
Adding Knowledge© is an actionable report that takes on the genetic information that You already have from a previous genetic test that You might have performed with a genetics laboratory (“Genetic Information”).
In the picture bellow You will find marked in red the flow between You and Us in connection with the Adding Knowledge© Service:
Adding Knowledge© can look at a different number of genes, associated with different types of reports You can choose. Please check the genetic test descriptions available at Our Website here where You can find detailed information on the genetic information that will be used to deliver the Service to You. We look at Your Genetic Information to determine genetic predispositions to a number of body characteristics that are relevant to define healthy lifestyle plans.
The Adding Knowledge© Service relies on the genotype sequence contained in the Genetic Information that You provide to US in the format and media available to You without further association to Your name or other personal identification.
Your Name, contacts, VAT number, home address or other data may be collected only in connection with the processing of the Service to invoice You and receive a payment from YOU and/or to communicate with You in terms of the performance of the contract hereunder between You and US. This information will be processed separately in our ERP system, which is dissociated and not communicating with OUR reporting/analytics system that will look at Your Genetic Information to generate Your Adding Knowledge© reporting.
When You submit Your Genetic Information to US, WE will tag it with an anonymous tag and will redirect it in an encrypted data flow into our reporting/analytics system. The reporting associated to Your Genetic Information will be made available to YOU only in a digital format at Your client’s account.
We do not store the original Genetic Information that You provide to US and will not be able to retrieve Your Genetic Information from our database, as the same is completely anonymized as from the first moment that You remit it to US for the Service.
If You decide to repeat the Service in the future or if You decide to purchase other services from US based on the same Genetic Information, You will have to resend the Genetic Information to US.
The Adding Knowledge© Service is not intended to be interpreted as Medical, Healthcare, Fitness or Nutritional Advice
You acknowledge and agree that the Adding Knowledge© Service is provided to You “AS-IS” and based on the current state of the art of genetic research and technology as available to US at the time of Service delivery to You.
3.2. The DNACoach© Service
The DNACoach© Service includes 2 (two) healthcare examinations with an Accredited Healthcare Professional.
The first consultation shall occur prior to You performing the test and the second one upon delivery of an explanation of the test results to You by the Accredited Healthcare Professional. By signing the DNACoach©’s Informed Consent at the first consultation, You will agree that Our Geneticist that prescribed Your genetic test will provide the results to the Accredited Healthcare Professional.
An Accredited Healthcare Professional means an healthcare professional admitted to practice specializing in the areas concerning the genetic test that You performed (for instance, (a) if You performed Our MyNutriGenes® test an Accredited Healthcare Professional adequate to You will be an accredited nutritionist; (b) if You performed Our MyFitnessGenes® test an Accredited Healthcare Professional adequate to You may be a physiotherapist or a nutritionist.
The DNACoach© Service is associated to the performance of at least one of Our genetic tests:
MyNutriGenes® is an actionable genetic test that informs about how Your unique genetic makeup impacts the definition of a personalised diet and a healthy weight management. MyNutriGenes® report delivers actionable and personalised recommendations with impact on potential weight loss and improvements for a higher balanced diet.
MyFitnessGenes® is an actionable genetic test that informs about how each individual’s unique genetic profile impacts the definition of a more personalised training program in order to improve and eventually achieve an optimal athletic performance.
When You engage with the DNACoach© Service You are prescribed the genetic tests that are suitable for You, upon Your Informed Consent.
You submit Your biological sample through Our Genetic tests kit and deliver it to the Accredited Healthcare Professional assisting You in the first consultation.
WE will receive Your sample at Our laboratory and tag it with a unique number for a double check confirmation. Your sample and the new unique tag will be registered in Our laboratory system in order to start its processing. Your sample will not be made anonymous because the final report MUST include Your name or the reference You have provided in the requisition Form as Your name. After the report being delivered to You, You have at any time the right to access, modify, correct and remove Your data registered in our database. For this You should contact us by email: firstname.lastname@example.org
The reporting associated to Your Genetic Information will be made available to YOU at the second consultation with Our healthcare professional, which You have accepted in Your Informed Consent (art. 9 nº4 of Decree Law 131/2014 dated August 29).
At the second consultation with an Accredited Healthcare Professional the report generated by the Service of Your choice will be explained to You.
Your Data (including Name, contacts, VAT number, home address or other data may be collected only in connection with the processing of the Service to invoice You and receive a payment from YOU and/or to communicate with You in terms of the performance of the contract hereunder between You and US.
This information will be processed separately in our ERP system, which is dissociated and not communicating with OUR reporting/analytics system that will look at Your Genetic Information so as to deliver You the Service.
THE SERVICE IS NOT ASSOCIATED TO THE DETECTION OR ASSESSMENT OF A PROXIMATE OR REMOTE MEDICAL CONDITION OF YOURS WHATSOEVER BEING. THE DNACoach© SERVICE DOES NOT ANALYSE PROBABILITIES TO CONTRACT AN ILLNESS OR TO SUFFER FROM ANY HEALTH CONDITION WHATSOEVER.
THE SERVICE DOES NOT MAP YOUR GENETIC INFORMATION ASSOCIATED TO AN HEALTH CONDITION, PATOLOGY OR DISEASE.
The DNACoach© Service only provides You with information from Your own characteristics and maps HOW YOU ARE based on Your genetic information. Service may provide You information on how You are genetically predisposed to process certain protein, fat, Carbs, etc or on how You are predisposed to gain muscle, to respond to certain types of training.
The DNACoach© Service is not intended to be interpreted as Medical, Healthcare, Fitness or Nutritional Advice.
You acknowledge and agree that the Service is provided to You “AS-IS” and based on the current state of the art of genetic research and technology as available to US at the time of Service delivery to You.
4. GENERAL TERMS APPLYING TO OUR SERVICES
4.1. Your Acknowledgements
As research progresses and scientific knowledge and technology evolve, WE are constantly innovating in order to provide the best possible experience for OUR clients.
You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to You.
As part of this continuing innovation, You acknowledge and agree that WE may stop (permanently or temporarily) providing some services, including the Services at OUR sole discretion, without prior notice to You. You may stop using the Services at any time. You do not need to specifically inform US when You stop using the Services unless You want some deletion of Your account credentials or the like. WE take no liability for the use of Service other than pursuant to the Terms.
In order to use the Service, You need to have Internet access, either directly or through a device that accesses web-based content, and You need to pay for the Service and any providing of connectivity with connectivity suppliers. You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.
You acknowledge and agree that while WE may not currently have set a fixed upper limit on the number of transmissions You may send or receive to/from US or on the amount of storage space used for the provision of any Service, such limits may be set by US at any time at OUR discretion.
4.2. The Webapp Use in connection with the Services
The WEBAPP is personal to You and assumes as a mandatory pre-condition that You became OUR customer for the Service or other services for which the WebApp is operational.
When You receive the pdf or hard copy of Your reporting directly You will find at the appendix section (if/as applicable to the Service) Your own URL personal address and/or Your own personal QR Code (“Your Codes”), which will enable You to personally access Your computational analysis at the WEBAPP. The Terms and Conditions of the WebApp – available here – supplement the herein terms and are regarded as integrated herein for reference.
THE AFOREMENTIONED IS THE SOLE AUTHENTIC PROCEDURE TO ACCESS AND USE THE WEBAPP.
IF ACCESS TO THE WEBAPP WAS GRANTED TO YOU BY AN INDIVIDUAL OR ENTITY OTHER THAN OUR PARTNERS OR THEIR ACCREDITED STAFF OR BY MEANS OTHER THAN THOSE SPECIFIED ABOVE PLEASE URGENTLY REPORT SUCH TO HEARTGENETICS AT DPO@HEARTGENETICS.COM AND REFRAIN FROM ACCESSING OR USING THE WEBAPP WITH THE CODES OR MEANS THAT MIGHT HAVE BEEN GRANTED TO YOU.
You shall defend and hold US harmless from any consequences arising from the breach by You of the herein Terms.
4.3. Your Codes
You will keep Your Codes in strict secrecy and You will not show, entrust, deposit or share them with any third parties. You are fully accountable and responsible for restricting access to any devices or media in which Your Codes may be easily accessible, where Your Codes may be kept in memory thereby automatically displaying the WEBAPP, where Your Codes may be recorded, stored, deposited and/or maintained.
You shall maintain adequate levels of security and protection of Your Codes and You agree to inform Your Provider immediately upon becoming aware of any actual or threatened breach of security possibly or actually affecting Your Codes.
Whenever You become aware that Your Codes were stolen, copied or are being abusively used by anyone without Your knowledge or consent You will report such in writing to US. You will on such cases refrain from continued access and use of the WEBAPP until WE instruct You otherwise in writing. WE may – though WE are not obliged to – support You in reinstating Your Codes. We may opt to provide You with different codes or remove You from the WEBAPP at no further remedy to You.
THE SOFTWARE AND/OR HARDWARE THAT YOU USE TO DECIPHER YOUR CODES AND ACCESS TO THE WEBAPP ARE AT YOUR SOLE DISCRETION, RISK AND LIABILITY.
You are fully responsible for all activities that occur under Your WEBAPP including any and all use of the WEBAPP made with Your Codes.
You shall defend and hold US harmless from any consequences arising from the breach by You of the herein Terms.
4.4. Pricing Information
Whilst We try to ensure that all details (including prices) displayed on Our Website are correct and up to date, sometimes products or services (including the Service) may be incorrectly priced. Prices are checked regularly. However, if we find the price has changed, or that there has been a pricing error when we receive an order for the Service with Us (an “Order”), we will contact You and ask if You wish to proceed at the correct price.
When You place an Order, You are offering to buy the Service at the price set out in the Order.
Service may be subject to a promotional discount or offer available at Our discretion from time to time and subject to availability. Certain discounts may be processed only upon payment, meaning that if You do not close the Order and do not effectuate payment, the discount may be no longer available when You effectuate payment.
Please note that if a pricing error is obvious and could have been reasonably acknowledged by You as a price in error We do not have to provide You the Service at such obviously incorrect price.
Prices do not include applicable sales taxes, delivery charges or other international taxes or duties, which shall be added to Your total prior to you placing your Order.
We directly or through our Payment Business Partners may provide You with certain payment methods such as:
- Credit card
- ATM references for You to pay at an ATM
- MB WAY
You may pay by payment method of Your choice as part of the Order process.
Payment Business Partners may change the payment methods at any time but this will not affect any existing Order. Please Note that certain payment methods may not be available in Your territory or may be limited to certain cards.
If You choose to pay with credit card You will be directed to a secure payment area of the responsibility of Payment Business Partner. You acknowledge and agree that: (i) Payment Business Partners may charge You for the amount of Your Order and any expenses as shown in the balance of Your Checkout box according to the payment method You have selected; (ii) You will provide valid and current information in respect of Your payment/ credit/debit information for (a) yourself and (b) if applicable, another person, provided that You are lawfully effectuating a purchase in the name and on behalf of such person and under his/her express consent; (iii) Payment Business Partners may use tools, software or services of payment processors to process transactions on their behalf; (iv) if Your payment is not received for any reason, You agree to promptly pay all amounts due upon request and using the other available payment method as determined by Payment Business Partners; and (v) You may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer for which You shall be solely liable.
You acknowledge and agree that whenever You purchase the Service using a payment method other than ATM reference You are transmitting certain personal data information to Payment Business Partners and the terms of Payment Business Partners’ privacy shall apply to their use of such information. We shall have no responsibility for their use of Your personal data.
The prices are based in Euro, by default. If the local currency at the destination country of Your Order is other than Euro, the amount shall be converted at then in force exchange rates. Such currency conversion may affect pricing and final balance payable by You at no liability to Us or Our Payment Business Partner.
All prices shall be added of taxes in force as of date of payment of the Order and corresponding invoicing.
You acknowledge that the actual taxes payable by You (a) may vary; and (b) You will be fully responsible for paying all applicable taxes directly to the relevant authority (and for reclaiming them in the event of a cancellation of Your order or the return of products, to the extent permitted in the these Terms) as determined by the authorities of the shipping destination country, and neither We nor Payment Business Partners shall have responsibility or liability in connection with the foregoing.
If you elect not to pay taxes and/or duties (v.g. custom duties) – when/if applicable – or fail to pay taxes and duties, or refuse to accept products not in accordance with a due cancellation procedure under these Terms, in each case resulting in the products being returned or needing to be returned to Us, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by You. We may also charge You with additional direct or indirect charges resulting from said failure or refusal. We may, if it is in accordance with these Terms, reimburse and refund You for the cost of the products, but not the import charges which may or may not be reimbursable by the relevant authority.
The Adding Knowledge© Service will be digitally delivered to You no other delivery media being available.
The DNACoach© Service will be delivered to You by Our healthcare professional accepted by You in Your Informed Consent. No other delivery media are available.
4.8. Cancellation Rights (when YOU buy Online)
Right to change Your mind if you are located in the EU
Given the particulars of the Services and the fact that the same are consubstantiated in a report that is marked and specifically addressed to You, You may only cancel the Contract up until the moment when Service is delivered to You.
From the delivery onwards, Service may not be cancelled.
4.9. Disclaimer and Service Warnings
PLEASE NOTE THAT:
WE may not be able to read and/or process your Genetic Information or the Service may contain or display errors. Our analytics system is limited to the state of the art in technology available to US and certain media or format may not be compatible with Our system. You can check compatibility of the Genetic Information media at the Adding Knowledge© service webpage before submitting Your file.
In addition, depending on the range of Your Genetic Information certain areas may end up to be inconclusive or missing in the Service. This is not an error and probably You will have to perform another genetic test with Your provider so that We may provide You with more comprehensible output in the Service.
OUR SERVICE is for research, informational, and educational use only. We do not provide medical advice. The Service is intended for research, informational, and educational purposes only. The Service is not intended to be used by You for any diagnostic purpose and not as a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with 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, warrant or guarantee the effectiveness of any programs, procedures or other information that may be mentioned on the Service. If we provide to You any recommendations based on your Genetic Information this information is intended for informational purposes only and for discussion with Your physician, genetic counsellor, nutritionist or other health care provider. Reliance on any information provided by US is solely at your own risk.
Any information We may be providing to You with is not scientifically unquestionable and must be professionally interpreted. You should understand that research is constantly evolving and in order for You to adequately understand your own context, You may need to obtain other genetic services, consult your physician, genetic counsellor or other health care provider.
You should not rely on the Service and change your social habits, health, nutritional or fitness behaviours solely based on the Service. Make sure to discuss the results of Your report with a physician, genetic counsellor, nutritionist, personal trainer or other health care provider before You act on Your own independently. The genes we study are only responsible for a part of Your complexity as an human being. There may be unknown genes, environmental factors, or lifestyle choices that are far more important to understand You entirely. If you have concerns or questions about what You learn through the Service, You should contact your physician, genetic counsellor, nutritionist, personal trainer or other health care provider.
Your Adding Knowledge© reporting may impact You and is therefore not advised to highly sensitive or impressionable individuals. You may feel disappointed, stressed, sad, anguished, angry sometimes whilst in other cases You may feel pleased, energetic, happy, enthusiastic or inspired. You may discover things about yourself that You were not anticipating and such may cause You emotions that You may not have the ability to control or change by yourself without help. You should speak to your physician, nutritionist, genetic counsellor or other healthcare professional to adequately understand Your report.
Genetic Information You share with others could be used against You. You should be careful about sharing your Genetic Information with others.
Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
PLEASE BEAR IN MIND THAT INTERNET IS UNSTABLE AND INFORMATION YOU ACCESS ONLINE MAY NOT BE SUFFICIENTLY PROTECTED AT ALL TIMES.
Warning to United States (USA) Citizens – While the Genetic Information Nondiscrimination Act (“GINA”) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, GINA does not cover life, long-term care, nor disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before You decide to share it with anybody.
4.10. Your Representations and Warranties
You represent and warrant to US that:
- You will not use the Service for any purpose that is unlawful or prohibited by the Terms.
- You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
- You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
- You understand that information You learn from US is not designed to independently diagnose, prevent, or treat any condition or to ascertain the state of your health in the absence of medical and clinical information. You understand that Service is intended for research, informational, and educational purposes only, and that information should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that WE urge You to seek the advice of a physician or other health care provider if You have questions or concerns.
- You consent to US, our contractors, successors and assignees to perform the Service based on the Genetic Information that You provide to US and to disclose the results to You or others You specifically authorize.
- You are of age (i.e. being at least eighteen (18) years of age) and You are providing your own Genetic Information or that of another individual from whom You have all necessary consents, licensing, authorizations or permits as provided for in Your personal laws.
- The act of transmitting to US Your Genetic Information does not breach any laws or the rights of third parties and is not to be regarded as an unlawful act in connection with any import/export laws in Your country.
- The Service may be performed by US in the European Union notwithstanding the fact that You may be a non-EU resident or a non-EU national.
- You are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that the Service and the results therein may cause You an impact, stress, frustration or other strong emotions that may ultimately determine a variation in Your health condition (physically and/or emotionally) to an extent that one cannot reasonably anticipate or predict.
- You take responsibility for all possible consequences resulting from the Service.
- You take all responsibility for sharing with others the results from the Service and/or Your Genetic Information.
- You acquire no rights or title in respect of the Service (other than in respect of the copy of the Report delivered to You) nor to any other products, trademarks, content or services provided or owned by US or OUR licensors.
- You have the authority, under Your personal laws, to provide these representations and warranties.
- You shall defend, indemnify and hold US, OUR affiliates and respective directors, officers, employees and agents fully indemnified and harmless against any claims, losses, damages, liabilities, costs and/or burdens including attorney’s fees, arising out of or in connection with Your use of the Service and/or the WEBAPP and/or the Content and/or any other services being provided to YOU by US as well as from any consequences arising there from.
In case of breach of any one of these representations and warranties YOU acknowledge and confer to US the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof, including the report delivered to You) and You will defend and indemnify US and OUR affiliates, staff, directors, shareholders and advisors from any liability, costs, or damages arising out of the breach by You of any of these representations and warranties.
We reserve the right (though We are not obliged to), at OUR own expense, to assume the exclusive defence and control of any claim for which You may have to indemnify US and You agree to fully cooperate with US on such defence without limitation.
4.11. Intellectual and Industrial Property
The Service may contain and display information on certain aspects of Your life, aspects of Your body and health condition, Your physical and nutritional condition and any other explanations, maps, graphics, photographs, tutorials, news or any other possible content interesting to You (“Content”). All rights vesting in, in connection with and/or in respect of Content are reserved to US and OUR Licensors.
WE grant to YOU a personal, non-assignable, not transmissible, not tradable, nonexclusive, perpetual, royalty-free license for You to use the Content or parts thereof for Your own non-commercial individual use.
The original tradename and logo as shown
The layout and design of Your possible Adding Knowledge reports – of which You may download a sample from the service website – are copyright protected and may be either owned and/or used under license by US subject to one or more copyright and intellectual property laws (the “Marks”).
Marks must not be used by You unless We authorize You in writing beforehand. Marks must not be used in connection with any product or service other than the Service by US, in any manner that is likely to cause confusion among users, or in any manner including without limitation one that may disparage or discredit US, Our reputation, OUR products or services or those of OUR Licensors and partners.
Unless as otherwise stated herein all rights in relation to Content and the Marks are reserved to US, OUR Licensors and Partners.
Except as provided for herein nothing in these Terms shall be read or interpreted so as to convey to You or any third parties any rights of ownership in respect of or related to the Content or the Marks nor any right or license is granted to You by any means to use the Content or the Marks.
All other trademarks not owned by US that may appear in our materials, the Website, the WEBAPP or in the Service may or may not be affiliated with, connected to, or sponsored by US.
We take intellectual property seriously. If You believe that the protected work of anyone known to You were copied some way, please let us know at email@example.com.
4.12. Our LIMITED WARRANTIES to YOU
Use of the Services shall be at Your sole discretion, risk and responsibility.
The Service is being provided to You on an ‘AS IS’ and ‘AS AVAILABLE’ basis.
We MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTIES EXPRESS OR IMPLIED AS TO THE QUALITY, QUANTITY, RELIABILITY, ADEQUACY, AVAILABILITY, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PURPOSE WHATSOEVER, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS, USE AND/OR OPERATION OF THE SERVICE OR ANY PARTS THEREOF.
WE DO NOT WARRANT THAT SERVICE WILL LOOK EXACTLY AS IN THE SAMPLE AVAILABLE HERE: MyNutriGenes® and MyFitnessGenes®. COLORS MAY VARY ALONG WITH THE LAYOUT, FONTS, SIZE AND CONTENT. NO MINIMUM EXTENSION, QUANTITY OR QUALITY OF INFORMATION IS WARRANTED TO YOU AND WE DO NOT WARRANT THAT CONTENT WILL BE OF ANY USE FOR YOUR INTENDED PURPOSES.
CONTENT IS PROVIDED TO YOU ON AN “AS IS” BASIS AND IS NOT INTENDED AS MEDICAL ADVICE NOR AS EQUIVALENT, REPLACEMENT OR SUBSTITUTE OF MEDICAL ADVICE. CONSULTATION, ADVICE AND PERMANENT SURVEILLANCE OF YOUR HEALTHCARE PRACTITIONER IS OF THE UTMOST IMPORTANCE AND STRONGLY RECOMMENDED AT ALL TIMES AS PART OF A WELL BALANCED LIFESTYLE.
HEARTGENETICS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING ALLEDGEBLY FROM THE USE OF THE SERVICE AND/OR THE WEBAPP.
WE SHALL NOT BE LIABLE FOR THE CONTENTS IN THE GENETIC INFORMATION THAT YOU PROVIDE TO US. SUCH GENETIC INFORMATION ORIGINATING FROM A THIRD-PARTY GENETICS LABORATORY IS ON SUCH THIRD-PARTY’S GENETICS LABORATORY SOLE LIABILITY.
YOU SHALL NOT attempt to pass ON TO US ANY LIABILITY OR CLAIMS YOU MAY HAVE IN RESPECT OF THE GENETIC TESTS YOU MIGHT HAVE ENGAGED WITH THIRD-PARTY LABORATORIES.
WHERE ANY LAW MANDATES THAT WE CANNOT LIMIT OR EXCLUDE OUR LIABILITY THEN THE AFOREMENTIONED DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
4.13. Limitation of Liability
Nothing in these Terms aim to exclude OUR liability (if any) for any matter that would be illegal for Us to exclude or limit pursuant to the terms of the Law.
To the maximum extent permitted by law, We will only be liable to You for direct foreseeable damages that You suffer as a direct and necessary result from the breach by Us of these Terms. Damages are ‘foreseeable’ where they could have been reasonably anticipated by You and Us as a consequence from Our breach of Contract.
Without prejudice and to the maximum extent permitted by law, in no event shall Our total cumulative (not per incident) liability to YOU exceed the amount of fees we received from You in connection with the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW 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 SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE, (c) YOUR FAILURE TO KEEP YOUR CODES 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 SERVICE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICE BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
WHERE ANY LAW MANDATES THAT WE CANNOT LIMIT OUR LIABILITY THEN THE AFOREMENTIONED SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
4.14. Force Majeure
We shall not be responsible for any delay in, or failure of, performance of Our obligations under these Terms arising from any event beyond our reasonable control and where we could have not taken appropriate steps to avoid including third party telecommunication failures. This condition does not affect Your legal rights.
If any event beyond Our reasonable control affects Our ability to perform We will notify You as soon as possible and Our obligations under these Terms will be suspended for the duration of the event outside our reasonable control.
4.15. Data Privacy (Particulars supplementary to the above stated when describing the Services)
If you have given US Your Informed Consent only then We will proceed with the Service and will access to the media and files where Your Genetic Information is compiled.
For the Adding Knowledge© Service we will generate an anonymised file from the files/media containing Your Genetic Information and will discard original file/media that You transmitted to US right away. We will not be able to retrieve and recover any files that You have provided to Us, simply because We irreversibly anonymise them in the beginning of the process and do not meta-tag them for future reversibility and use.
WE will never use or release Your personal Genetic Information. We may use the information contained in the Adding Knowledge© Service – which is based on the anonymised files that WE create based on the original Genetic Information that You provide to US – and include it in our research and development database.
We may share Our databases with third parties for research and development as well as scientific research purposes.
We may study a specific group or population, identify potential areas or targets for development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care.
We have the right to monitor any use of Our systems at any time and to maintain copies documenting such monitoring.
4.16. Governing Laws and Disputes resolution
These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal.
Any claims arising from or in connection with these Terms shall be exclusively submitted and resolved by the Civil Courts (Comarca) of Lisbon (Portugal).
You and US expressly agree to the aforementioned disputes resolution clause upon waiver by You and Us of any other forae or disputes resolution form such as mediation or arbitration.
If any provision of these Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms, which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
Where any communications between US both have been translated to a language other than Portuguese, to the extent there is any conflict between the English version and the local translation, the English version shall prevail. Portuguese versions of this document shall take precedence insofar it refers to Orders shipped to and delivered in Portugal.
You agree that records in Our possession or in that of Our Business Partners shall prove the contents of the commercial transactions between You and Us in connection with the Service.
END OF TERMS