For data protection purposes we need to know that the DNA sample you provide is tied to your data.
We will also open up an account for you on our secure server using the data you supply in this form. So please be accurate with your information.
Privacy Policy
Nutrigenius Ltd is committed to safeguarding your privacy. Contact us at NutriGeni if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.
By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.
Table of Contents
- Definitions used in this Policy
- Data protection principles we follow
- What rights do you have regarding your Personal Data
- What Personal Data we gather about you
- How we use your Personal Data
- Who else has access to your Personal Data
- How we secure your data
- Information about cookies
- Contact information
Definitions
Personal Data – any information relating to an identified or identifiable natural person. Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data. Data subject - a natural person whose Personal Data is being Processed. Child - a natural person under 16 years of age. We/us (either capitalized or not) – Nutrigenius Ltd.
Data Protection Principles
We promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with a time period. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
Data Subject's rights
The Data Subject has the following rights:
- Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
- Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
- Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
- Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
- Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
- Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
- Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
- Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
- Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
- Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
- Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
Data we gather
Information you have provided us with
This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.
Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your shopping history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.
Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds.
Publicly available information
We might gather information about you that is publicly available.
How we use your Personal Data
We use your Personal Data in order to:
- provide our service to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
- enhance your customer experience;
- fulfil an obligation under law or contract;
We use your Personal Data on legitimate grounds and/or with your Consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
- to identify you;
- to provide you a service or to send/offer you a product;
- to communicate either for sales or invoicing;
On the ground of legitimate interest, we Process your Personal Data for the following purposes:
- to send you personalised offers* (from us and/or our carefully selected partners);
- to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
- to conduct questionnaires in relation to the product you may be purchasing from us;
- to conduct questionnaires concerning client satisfaction;
As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behaviour to be our legitimate interest.
With your consent we Process your Personal Data for the following purposes:
- to process the order you may have placed with us;
- to send you newsletters and campaign offers from us;
- for other purposes we have asked your consent for;
We Process your Personal Data in order to fulfil obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We do not save your billing information. We save information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than 2 years.
We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
- the link between purposes, context and nature of Personal Data is suitable for further Processing;
- the further Processing would not harm your interests and
- there would be appropriate safeguard for Processing.
We will inform you of any further Processing and purposes.
Who else can access your Personal Data
We do not share your Personal Data with third party companies. We will only share your data with our selected service providers:
Our processing partners:
- Our DNA processing lab. The only identifier is the numebr of the swab you sent, in barcode format.
- Our Mealplans processor. Data is shared through encrypted links only.
We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.
How we secure your data
We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.
Even though we try our best, we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
If you have an account with us, note that you have to keep your username and password secret.
Children
We do not intend to collect or knowingly collect information from children. We do not target children with our services.
Cookies and other technologies we use
We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users' movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
We use cookies for the following purposes:
- Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don't collect any personal information.
- Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don't have to re-enter this information next time when commenting.
- Analytics cookies - these cookies are used to track the use and performance of our website and services
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you'd like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.
Contact Information
Supervisory Authority
Changes to this Privacy Policy
We reserve the right to make change to this Privacy Policy. Last modification was made .
Terms and Conditions
BACKGROUND:
This agreement applies as between you, the User of this Website and Nutrigenius Ltd., the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13 – 15 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:| "Account" | means collectively the personal information, Payment Information and credentials used by Users to access Paid Content, Platforms, Applications and / or any communications System on the Website; |
| "Carrier" | means any third party responsible for transporting purchased Goods from our Premises or remotely to customers; |
| "Content" | means any text, education content and materials, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; |
| "Goods" | means any products that Nutrigenius Ltd. advertises and / or makes available for sale through this Website; |
| "Service" | means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future; |
| "Payment Information" | means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
| "Premises" | means Our place of business located at Shottenden Manor, Westwell, Ashford, England, TN25 4JR; |
| "System" | means any online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
| "User" / "Users" | means any third party that accesses the Website and is not employed by us and acting in the course of their employment; |
| "Website" | means all the websites under the mydnahealth.co.uk domain |
| "We/Us/Our" | means Nutrigenius Ltd., a company registered in the UK whose registered office is at 18 School Road, Reepham, Norwich, Norfolk, NR10 4JP., United Kingdom. |
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information and personal information must be provided by or with the permission of an Adult.3. DNA Test Informed Consent
| 3.1 | By purchasing the Optimal Health and Optimal Health Pro DNA test you confirm that you have read and agreed to the terms and conditions. Also, you understand that the Optimal Health and Optimal Health Pro DNA test requires you to submit a DNA sample and to complete questionnaires which you agree to. Your DNA sample will not be used for any genetic testing besides that ordered by you. |
| 3.2 | By purchasing the Optimal Health and Optimal Health Pro DNA test you understand you will be required to register and provide certain information about yourself and where you do this you agree to provide true, accurate, current and complete information about yourself as prompted by the relevant registration form and questionnaire form. |
| 3.3 | It is not the intention of My DNA Health to provide specific medical advice but rather to provide you with information to better understand the health risks and benefits associated with your genetic results. Specific medical advice will not be provided and My DNA Health urges you to consult with a qualified healthcare professional for diagnosis and for answers to your personal health concerns. |
| 3.4 | The information supplied to you does not confirm or replace any medical diagnosis or status conferred by a healthcare professional. The information provided to you is not a genetic diagnosis of disease, nor does it identify an existing medical condition. Individuals with specific concerns about their health status or genetic testing should consult with a doctor or a genetic counsellor. |
| 3.5 | The information provided by Nutrigenius Ltd. is neither exhaustive nor absolute, and may not be applicable to individual circumstances should the information be subsequently deemed inaccurate or out of date by virtue of new scientific advances. Once your report is provided to you, there will be no further information, feedback, or updates provided to you unless you conclude a separate arrangement for an update regarding new developments. |
| 3.6 | Your DNA report constitutes the full extent of information to be provided to you under this agreement. Nutrigenius Ltd. makes no warranties or representations, either expressed or implied, that this service will meet your requirements or expectations. No advice or information, whether oral or written, obtained through or from the provision of these services, will itself create any warranty or representation or any other obligation. |
| 3.7 | Nutrigenius Ltd. provides its Optimal Health Pro test only through healthcare and nutrition professionals working in private practice or as part of a health and wellness clinic (the “Healthcare professional” or “Clinic”). You should only receive this service through a consultation with a healthcare and nutrition professional, and by agreeing to use the Nutrigenius Ltd. service, you consent to having your healthcare or nutrition professional, or the Clinic on behalf of its healthcare professionals, access to your report and records in order for your healthcare professional or Clinic to interpret the report's finding and to assist you in understanding the contents thereof. |
4. International Customers
| 4.1 | If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. |
| 4.2 | If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. |
| 4.3 | As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. |
| 4.4 | Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. |
| 4.5 | Please also be aware that United Kingdom consumer protection laws may not apply. |
| 4.6 | Please also be aware that We do NOT supply postage paid return envelopes for International Customers. It is your responsibility to pay for the return postage to our Premises. |
5. Intellectual Property, Copyrights and Trademarks
| 5.1 | All Content included on the Website, in the My DNA Health partner and customer platforms, applications and DNA reports unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Nutrigenius Ltd., Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. |
| 5.2 | The copyright and all other rights in the material on this website are owned by Nutrigenius Ltd. or are included with the permission of the owner of the rights. As a visitor to this website, My DNA Health partner and customer platforms, applications and DNA reports and thirdparty education platform, Qube Learning, you may download a single copy of the material on a single computer for your own private viewing/listening purposes only. Single copies of pages may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material for any commercial or business use is permitted without prior written consent from Nutrigenius Ltd..No photography, filming, broadcast, alteration or modification of the pages of this website, My DNA Health partner and customer platforms, applications and DNA reports and thirdparty education platform, Qube Learning is permitted without prior written consent from Nutrigenius Ltd.. |
| 5.3 | Subject to this paragraph, all rights in material on this website, My DNA Health Partner Platform and thirdparty education platform, Qube Learning, are reserved to Nutrigenius Ltd.. |
| 5.4 | Use of any software available for downloading from the site is governed by the terms of the license agreement accompanying the software. |
| 5.5 | All trade marks, service marks, and trade names in this site, My DNA Health partner and customer platforms, applications and DNA reports and thirdparty education platform, Qube Learning, are the marks of the respective owner(s), and any unauthorised use is prohibited. |
| 5.6 | Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so. |
6. Third Party Intellectual Property
| 6.1 | Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. |
| 6.2 | Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. |
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Nutrigenius Ltd. or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.mydnahealth.co.uk without Our prior permission.10. Use of Communications Facilities
| 10.1 | When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed: | ||||||||||||||
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| 10.2 | You acknowledge that we reserve the right to monitor any and all communications made to Us or using Our System. | ||||||||||||||
| 10.3 | You acknowledge that we may retain copies of any and all communications made to Us or using Our System. | ||||||||||||||
| 10.4 | You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in writing, in advance and We reserve the right to reject such terms and associated information. |
11. Accounts
| 11.1 | In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that: | ||||||||
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| 11.2 | It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. | ||||||||
| 11.3 | If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. | ||||||||
| 11.4 | When choosing your username you are required to adhere to the terms set out above in Clause 11. Any failure to do so could result in the suspension and/or deletion of your Account. |
12. Termination and Cancellation of Accounts
| 12.1 | Either We or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons. |
| 12.2 | If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. |
| 12.3 | We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. |
| 12.4 | If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days. |
| 12.5 | If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days. |
13. Goods, Pricing and Availability
| 13.1 | Whilst we make every reasonable effort, please be aware that graphical representations are for display purposes and may at times not correspond the actual appearance of the Goods. We make every reasonable effort to ensure the descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 21.3 for incorrect Goods. |
| 13.2 | We neither represent nor warrant that Goods will be available. Stock indications are not provided on the Website. |
| 13.3 | All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated from time to time. |
| 13.4 | In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, the latest pricing will apply as set in clause 13.3. |
| 13.5 | All prices on the Website, that are subject to VAT, are displayed exclusive of VAT. |
14. Orders and Delivery
| 14.1 | No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Us and you. | ||||||
| 14.2 | Order confirmations under sub-Clause 14.1 shall contain the following information: | ||||||
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| 14.3 | Order confirmations shall also be enclosed on paper with your Goods. | ||||||
| 14.4 | If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days. | ||||||
| 14.5 | All Goods purchased by you excluding the DNA report, will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed. | ||||||
| 14.6 | The risk in the Goods shall remain with Us until they come into your physical possession. |
15. Returns Policy
| 15.1 | As we operate a health and wellness service to produce a DNA Report and a nutrition supplementation based system, it is not possible to offer a true returns/cancellation policy. However, every effort will be made to accommodate the cancellation of your order, providing your DNA test kits have not been shipped out. In an event that a cancellation was submitted (via email or phone), and your DNA test kit was shipped out after, we will gladly refund the complete balance charged including shipping. However, if the cancellation was documented as received after the test kit was shipped, we will refund you less 15% (fifteen percentage) of the purchase price to cover the cost of the DNA kit and shipping/postage. There will be no need to return the test kit as these cannot be used again after dispatch. No refunds will be considered after the lab has received your DNA samples. However if you are unhappy with your purchase for any reason please contact [email protected] at the earliest opportunity. | ||||||||||||||
| 15.2 | If you cancel your order for Our supplement products up to 14 days after the product has been shipped, then you must return the products to the address provided on your invoice at your own expense. We recommend you use Recorded Delivery Service. The supplement products must remain sealed and unopened. You can no longer cancel your order once you have opened the product containers or used the products. | ||||||||||||||
| 15.3 | If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please contact us within 14 calendar days to arrange collection and return. We are fully responsible for paying shipment costs. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. | ||||||||||||||
| 15.4 | If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 14 calendar days to arrange collection and return to complete a returns form. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. We are fully responsible for paying shipment costs. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued as quickly as possible and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. | ||||||||||||||
| 15.5 | If you are a consumer based within the European Union, you have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued as quickly as possible and in any event no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. | ||||||||||||||
| 15.6 | We may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances: | ||||||||||||||
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16. Privacy
| 16.1 | Use of the Website is also governed by Our Privacy Policy Link which is incorporated into these Terms and Conditions by this reference. To view the Privacy and Cookie Policy, please click on the link. | ||||||||||
| 16.2 | The Website uses the following type of cookies. These cookies are used for the purposes described herein. By accepting these Terms and Conditions, you are giving consent to Nutrigenius Ltd. to place cookies on your computer or device. Please read the information contained in the Privacy and Cookie Policy prior to acceptance. | ||||||||||
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17. How We Use Your Personal Information (Data Protection)
| 17.1 | All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. | ||||||
| 17.2 | All genetic test results and personal information are maintained under a strict policy of confidentiality. Your DNA sample will not be used for any genetic testing besides that ordered by you. After your DNA test has been completed and verified, your DNA sample will be destroyed. | ||||||
| 17.3 | Your genetic information will not be directly associated with your personal information, but will be stored in our secure database. Under no conditions will this information be released to third parties in a way that discloses personal information, except with your permission or unless required by law. | ||||||
| 17.4 | Nutrigenius Ltd. will retain an electronic profile of your DNA results, strictly limited to only the genes we test for associated weightloss, health and fitness, to allow us to generate the detailed DNA report. | ||||||
| 17.5 | We may use your personal information to: | ||||||
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| 17.6 | In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. | ||||||
| 17.7 | We will not pass on your personal information to any other third parties without first obtaining your express permission. |
18. Disclaimers
| 18.1 | We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services. |
| 18.2 | No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. |
| 18.3 | No part of this Website is intended to constitute a contractual offer capable of acceptance. |
| 18.4 | Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers. |
19. Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.20. Availability of the Website
| 20.1 | The Website and any Service provided therein is provided "as is" and on an "as available" basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. |
| 20.2 | We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. |
21. Limitation of Liability
| 21.1 | To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk. | ||||||||||||||
| 21.2 | Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of us. | ||||||||||||||
| 21.3 | Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website. | ||||||||||||||
| 21.4 | In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal. | ||||||||||||||
| 21.5 | To the extent permitted by law, My DNA Health Limited's total responsibility for any and all claims you make under these Terms and Conditioners (including implied terms) or related to the use of the services shall be limited to the amount you paid (or someone paid to us on your behalf) for access to the service or one hundred (£100) pounds sterling, where no amount is paid to us. | ||||||||||||||
| 21.6 | In every case, My DNA Health Limited will never be responsible for any loss or damage that is not reasonably foreseeable. | ||||||||||||||
| 21.7 | To the extent permitted by law, My DNA Health Limited will, unless caused by our negligence, in every and all cases never be responsible for any loss or damage resulting from: | ||||||||||||||
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22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Force Majeure
Nutrigenius Ltd. shall not be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond My DNA Health's reasonable control, which by its nature could not be foreseen, or if it could have been foreseen, was unavoidable.
24. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
25. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Nutrigenius Ltd..
26. Communications
| 25.1 | All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. |
| 25.2 | We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link on any email you receive from us. |
27. Law and Jurisdiction
These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Laws of England and Wales and both we and you agree to submit to the exclusive jurisdiction of the Courts of England in the United Kingdom.