TERMS OF SERVICE
Last updated: 26/10/2022
ATTENTION: Please carefully review these Terms of Service before using our Website and purchasing any services or products and if you do not agree with any aspect of any of the terms mentioned, you should immediately discontinue engaging with Genelle.
Genelle Genomics Ltd and/or its related companies (“Genelle”, “Company”, “we”, “us”, “our’) provide services through www.genelle.com (“Website”) or through related websites, applications and softwares, which includes genetic testing services and any related digital products, services, content and support such as processing payments, shipping DNA tests to customers, creating customer accounts and authenticating logins, analyzing DNA samples, reviewing your genetic results, preparing and delivering the genetic trait reports, genetic roadmaps, amongst others (collectively “Services”). These Terms of Service (“TOS”) apply to your access and use of the Website and the Services subject to the terms and conditions listed therein.
Genelle also sells physical products on its Website such as skin care products and supplements (“Physical products”). Your purchase of Physical products from Genelle are governed by the Additional Terms of Goods, which are incorporated into and made a part of these TOS. Read the Additional Terms of Goods to get familiar with the conditions for purchasing Physical products. All other terms in TOS that do not specifically relate to the Services, apply also for the purchase of Physical products.
When these TOS refer to “services and products” this includes all different types of services and products that Genelle sells to its customers through its Website, including Services and Physical products.
These TOS (and all the terms incorporated therein), Privacy Policy and Cookie Policy are automatically incorporated as part of your Agreement with Genelle.
These TOS are Agreement between you and
Genelle Genomics Ltd
6 Temasek Boulevard #09-05 Suntec Tower Four, Singapore (038986)
Company registration number: 201715693D
Email: support@genelle.com
When we refer to “you” we mean you as a user/customer of our Website, Services and/or Physical products.
1. Definitions
"Aggregate information" is Genetic and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information while still providing scientific evidence.
“De-identified information” is information that has been stripped of any identifying data (for example your name, surname, email) such that you cannot reasonably be identified as an individual.
“DNA Kit” or “DNA Discovery Kit” is a sample collection kit that contains a DNA test to take your inner cheek buccal sample for DNA extraction and processing. The DNA Kit is sent to you in order for us to obtain your genetic information and to be able to provide you with the services and products contracted.
“Genetic Roadmap” is a digital personalized reports of your DNA results prepared based on the Genetic Information and Self-Reported Information, that can include, depending on the contracted Service, nutrition, fitness, skincare, personality and/or health.
"Genelle", means Genelle Genomics Ltd, having its principal place of business at: 6 Temasek Boulevard #09-05 Suntec Tower Four, Singapore (038986), and/or its related companies that operate under the trademark or brand name “Genelle”.
"Genetic Information" is information regarding your individual’s genotypes and genetic characteristics, generated through the processing of your DNA samples from inner cheek cells by Genelle or by its contractors (laboratories).
"Personal Data" is information that can be used to identify you, either alone or in combination with other information, including information such as Genetic Information, Self-Reported information and others.
“Personalised Plans” means customized plans for each user based on the particular genetic analysis, including health, cuisine and/or fitness plans.
“Physical products” means any physical product offered on the Website which can be purchased separately from the Services, such as skin care products or supplements.
"Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, last name, email, password, date of birth, sex, address and payment information).
"Self-Reported Information" is all information about yourself as required from Genelle in surveys, forms or questionnaires while signed into your Genelle account in order to provide you with our Services.
“Sensitive Data” means information about your genetic data, biometric data, data concerning health, other health-related information, ethnicity, family history and background information, which may be part of Genetic Information and Self-Reported Information.
"Services” means genetic testing services and any related digital products, services, content and support such as processing payments, shipping DNA Kits to customers, creating customer accounts and authenticating logins, analyzing DNA results, reviewing your genetic results, preparing and delivering the genetic trait reports and plans, amongst others. The scope of the Services depends on the Service you purchase. Our Services may be one-time purchases (such as Starter package) or automatically renewing subscription services, like our cuisine meal and fitness plans.
“Starter package” Genelle offers two enrolment Starter packages: (i) Wellness that includes the DNA Kit, Genetic Roadmaps (nutrition, fitness, skincare, personality and health) and 90 days access to cuisine meal and fitness plans; or (ii) Premium that includes the DNA Kit, Genetic Roadmaps (nutrition, fitness, skincare, personality and health) and 365 days access to cuisine meal and fitness plans.
“Subscriptions” means automatically renewing subscription services, like our cuisine meal and fitness plans that are either included for a limited period of time in the Starter package or can be purchased separately without providing your inner cheek sample for genetic analysis.
"User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials (excluding Genetic Information and Self-Reported Information) generated by users and transmitted, whether publicly or privately, to or through Genelle.
"Website" means www.genelle.com.
2. Acceptance of TOS
2.1. You must accept these Terms to use the services and products (including any part of them) and create and access your Genelle account. The use of the services and products and creation of account are subject to your acknowledgement, understanding and acceptance of the TOS, and in any case, we will treat your use of the services and products and any part of them thereof, as acceptance of the TOS. TOS form a legal Agreement between you and Genelle.
2.2. Except as specified otherwise, these TOS apply to any use of the Services, including but not limited to a) creating and using a Genelle account (without providing your DNA inner cheek sample or Sensitive Information); b) performing a DNA test and submitting your inner cheek buccal sample for DNA extraction and processing; c) submitting information through surveys or questionnaire on your Genelle account; d) accessing a digital version of your Genetic Roadmaps, cuisine and/or fitness plans and interacting with them on the Genelle website; e) accessing to and using the Website and any subdomains including any content, functionality and Services offered on or through the Website; amongst other interactions with the Website.
2.3. For the purpose of providing our Services to you, Genelle will collect your Personal Information, including Sensitive Information, in accordance with the Privacy Policy. Provision of your Sensitive Data is voluntary, and processing of Sensitive Data is subject to your explicit consent, however, Genelle may not be able to provide the Service to you if you do not submit that information. Please read more information about our data practices in the Privacy Policy, including our Cookie Policy. By accessing or using our Services, you agree that we can collect and use your personal data in accordance with the Privacy Policy.
2.4. Apart from these TOS, you may be subject to additional guidelines or rules specific to individual parts of the services or products that Genelle provides. Such guidelines or rules will be made available to you through such Service from time to time, which will form part of these TOS and your Agreement with Genelle. Genelle also may offer other services from time to time that are governed by different terms.
3. Eligibility to our Services
3.1. By using the Services, you represent and warrant to us that:
3.1.1. you are eighteen (18) years of age or older and you can form a legally binding agreement with Genelle and agree to these TOS, and
3.1.2. you are not barred under any applicable laws from receiving Services under the laws of the jurisdiction in which you are resident / your entity is established or from which you use the Services.
3.1.3. you will provide you own inner cheek sample;
3.1.4. when using our Services you are acting on your behalf and interest and you are not attempting to obtain information about a third person (such as an insured person or an employee);
3.1.5. you are purchasing Genelle Services and Physical products for your own use and will not resell them.
4. Creating an account
4.1. Full use of the Services requires that you create an account by providing us with information such as your full name, surname, a valid email address, date of birth, sex, as well as a strong password.
4.2. Through your account you will be able to access your Services, including your Genetic Roadmaps, fill in the Lifestyle Questionnaire, track your order status, access cuisine meal and fitness plans. We will combine your account information (Registration Information) with Genetic and Self-Reported Information in order to provide you with our Services.
4.3. You will be asked to create an account before you can make an order and purchase our Services. When you create an account you will be asked to accept these TOS by clicking on a box. You will not be able to make an order for the Services if you do not create an account. If you create an account but do not make the purchase immediately, you can submit your order information at the time of ordering.
4.4. You are entirely responsible for all activities that occur in association with your Genelle account and for preserving the confidentiality of your login and password. If you allow third parties to access Genelle’s website through your username and password, you will defend and indemnify Genelle and its Genelle, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Genelle of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. Genelle cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
5. Ordering the Services
5.1. You can place orders for the Services by following the process outlined on our Website. When you purchase our Services you will be asked to accept these TOS by clicking on a box.
5.2. Our Services may be one-time purchases (such as Starter package) or automatically renewing subscription services, like our cuisine and fitness plans. Please see the product page for more information on prices and payment.
5.2.1. Starter packages are one-time purchases. At present, Genelle offers two enrolment Starter packages:
- Wellness - Includes the DNA Kit, Genetic Roadmaps (nutrition, fitness, skincare) and 90 days access to cuisine meal and fitness plans.
- Premium - Includes the DNA Kit, Genetic Roadmaps (nutrition, fitness, skincare, personality, health) and 365 days access to cuisine meal and fitness plans.
5.2.2. Cuisine meal and fitness plans are based on subscriptions (“Subscriptions”). Your Subscription term may vary, for example, with monthly or annual automatic renewal terms, as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our TOS. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. You may cancel your Subscription at any time and your cancellation will take effect at the end of the current Subscription term. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription term you paid for, but you will continue to have full access to that Subscription until the end of that current term.
5.3. You may be referred to purchase our Services by our authorized Affiliates (third party independent businesses that refer users to Genelle Services). The Affiliate will be provided a unique sign up URL which they can provide to users at their physical location, provide a print QR code version of this URL or email the URL to the customer via an email invitation. Accessing the Affiliate URL will refer you to our Website where you can purchase our Service. Read more information about your data processing in this scenario on our Privacy Policy. If Affiliates during the referral process offer you their own services or products, please take into account that these will be governed by Affiliates own terms and conditions and privacy policies and Genelle has no responsibility or liability towards you related to those third-party services or products.
5.4. All orders are subject to our acceptance and availability. We will send you an email to confirm acceptance of your order and you will be bound by these TOS upon us sending you a confirmation email. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
5.5. The confirmation email sent to your email address that you provide when making a purchase shall be conclusive evidence of a binding Agreement between you and Genelle for the Services, subject to your rights for cancellation. Please note that the Services will only be provided to you if the payment for the Services is confirmed and funds are received to Genelle’s account.
5.6. We may, at our sole and absolute discretion, decline or reject any order for whatever reasons and not be liable to any person if we decline to fulfil an order or are unable to fulfil an order, even after acceptance, for whatever reasons by sending a notice to you and arranging a refund. Such may occur, for example, if we (i) have insufficient stock to deliver the DNA Kits; (ii) we do not deliver DNA Kits to your area or provide our Services there; (iii) default payment on your part or breach of the TOS; (iv) any unforeseen circumstances beyond our control arise, amongst others.
5.7. If we do cancel your order, we will notify you by email. We will make a refund to you as soon as possible and no later than within thirty (30) calendar days. You agree, acknowledge and confirm that we may cancel the order at our sole and absolute discretion, and you will not be entitled to seek any further amount and / or compensation from us for such cancellation.
6. Prices
6.1. The prices for our services and products are set out on our Website. The prices may change from time to time, but changes will not affect any order Genelle has accepted previous to the change.
6.2. The order price that appears at the end of the ordering procedure includes applicable taxes, shipping and delivery costs. By submitting an order through our Website, you are confirming that the payment details provided in your order are valid and correct.
6.4. Although we make every effort to ensure that the prices featured on the Website are correct, error may occur. If a price is shown at a reduction of more than 20% from the normal price, then the error is deemed to have occurred and Genelle is not obliged to sell the product at this reduced price. If Genelle is unable to contact you, your order may be canceled and the amount paid by you will be refunded in full via the original payment method you used. You will bear any bank transfer fees that may apply.
7. Canceling your order/Right of withdrawal for Services
7.1. If you change your mind about your order, you can cancel your order by contacting our Customer Care Team within fourteen (14) calendar days from the date of conclusion of the Agreement, as evidenced by the date of the confirmation email (“Withdrawal Period”). If the DNA Kit was already delivered to you and you want to cancel your order for Services contracted, you must return the DNA Kit in its original unopened condition together with the original undamaged box and/or packaging at your own risk and costs to the address that Genelle will indicate to you within the mentioned fourteen (14) calendar days period. If you have already opened the DNA Kit, you will not be able to cancel your order nor obtain a refund.
7.2. Any DNA Kit returned to Genelle must be in its original condition, with all original labels and tags attached and remain unopened and must be returned together with the original undamaged box and/or packaging protected in a carton box with your full name, address, contact number and email, as well as receipt. You will not be qualified for a refund if the product returned does not comply with the abovementioned requirements. We will notify you whether the product returned complied with the abovementioned requirements.
7.3. Please note that you will be responsible for all return shipping charges. We strongly recommend that you use a traceable method to mail your return as you are alone responsible to ensure that the returned product arrive correctly to the address indicated.
7.4. In the event that you have complied with the abovementioned requirements, a refund will be arranged. In the event that the products are purchased directly, the refund payment (if any) will be equivalent to the purchase price paid by you for the products.
7.5. Refund payment (if any) will be credited to you through your original payment method within thirty (30) calendar days from the date when the DNA Kit is returned or, if no DNA Kit was delivered, from the date when you canceled your order.
7.6. International orders paid for in United States dollars (USD) are refunded at the exchange rate effective at the time of the refund request. If a refund is issued after a change to the currency rate, customers may receive a refund amount greater or lesser than what they paid in their local currency. Genelle is not responsible for currency rate changes that occur after the order is placed.
7.7. Procedures for exercising the withdrawal right. Should you decide to exercise the withdrawal right you must notify Us about your decision to withdraw before the expiration of the Withdrawal Period, with a clear statement which should send by email at support@genelle.com
7.8. If you submit the request for cancellation after fourteen (14) calendar days, Genelle reserves the sole and absolute discretion to decide whether to accept the cancellation and/or process the refund and Genelle’s decision in this respect is final.
7.9. Exceptions to the cancellation / right of withdrawal:
7.9.1. Starter packages: We do not issue refunds for the Starter Packages once the order is completed and the service is already fulfilled. As a customer you are responsible for understanding this when purchasing or redeeming any Services from our Website and we do not entertain any request for refund of the Starter Packages for reasons that they do not satisfy you.
7.9.2. Personalised plans: We do not issue refunds for personalised plans offered by Genelle once the order is completed and the service is fulfilled. As a customer you are responsible for understanding this when purchasing or redeeming any Services from our Website and we do not entertain any request for refund of any Services or plans (including cuisine meal or fitness plans) for reasons they do not fit your personal taste or preferences. If the Services for personalised plans are paid on Subscription basis (cuisine meal and fitness plans), you may cancel your Subscription at any time and your cancellation will take effect at the end of the current Subscription term. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription term you paid for, but you will continue to have full access to that Subscription until the end of that current term.
8. Delivery of the DNA Kit
8.1. The DNA Kit will be delivered to the delivery address provided at the time you make your order. Delivery will be processed as soon as possible upon confirmation of payment. Delivery will be by way of courier or other similar services, which Genelle at its sole and absolute discretion deems appropriate. The costs of delivery for the DNA Kit are borne by Genelle.
8.2. Upon two (2) failed attempts to deliver to the address indicated by you, your DNA Kit will be returned to the courier and your order will be canceled. It is your sole responsibility to provide a correct shipping address and contact information.
8.3. For delivery of the DNA Kit to you, you may be required to clear customs, pay customs duties, taxes and / or levies, obtain certain license or apply for registration of the ordered products. We will inform you if such apply prior to placing your order.
8.4. We assume no responsibility and should not be liable for any damages or loss arising out of or in connection with delay in delivery for whatsoever reasons, including but not limited to incorrect address, failed delivery attempt or rejection by customs, or transmission via Internet or delay or omission in processing your order.
8.5. In case you identify any damage or that the DNA Kit is incomplete, please inform the Customer Support Team. Please inspect the package immediately after you receive it.
9. Taking your DNA sample
9.1. Although we will make every reasonable effort to ensure the Services are provided to you within reasonable timescales, unfortunately, we cannot guarantee that they will not be affected by unforeseen issues affecting the Services or our delivery partner for your DNA Kit. Also, for example, the laboratory may not be able to process your sample if your buccal sample does not contain a sufficient volume of DNA that can incur in delays of providing you with the Services since you will have to collect and send your inner cheek sample again.
9.2. When performing the DNA test and collecting your inner cheek DNA sample, you must follow the test instructions exactly as provided, following each step carefully. The DNA samples received with inadequate DNA information, empty samples, samples that lack in quality, will not be processed by our laboratory and we will not be able to provide you with the Services purchased. If the DNA processing fails, we will offer to send another DNA Kit to the user to collect a second inner cheek sample at no charge. If the user sends another sample and our attempts to process the second sample are unsuccessful, we will not send additional DNA collection kit and you will have to purchase a DNA replacement kit to collect a third sample at a fee covering the additional DNA kit costs. If you choose not to order a replacement DNA Kit, your order will be canceled with a partial refund, since we will minus from the total refund amount the fees for the two DNA Kits sent to you.
9.3. We recommend sending your DNA sample to the laboratory as soon as you perform the DNA test. In order to ensure your DNA sample does not get spoiled, please store your sample in cool temperatures and in a properly sealed tube to avoid any contamination.
9.4. It is your sole responsibility to ensure your DNA samples are sent to the laboratory no later than within three (3) months from the moment you receive the DNA Kit. If you do not send your DNA sample within this time period, Genelle will not process your sample and no refund will be issued for the Services purchased.
9.5. You can follow the status of your order and track its progress via your Genelle account. We will also send you system emails to update you on the status of your order. If you have trouble finding out the status of your order or tracking its progress, please contact the Customer Care Team at support@genelle.com.
10. More about the Services
10.1. The Services include access to the Genelle‘s public Website, back-office and genetic testing services and any related digital products, services, content and support such as processing payments, shipping DNA Kits to customers, creating customer accounts and authenticating logins, analyzing DNA results, reviewing your genetic results, preparing and delivering the genetic trait reports and plans, amongst others.
10.2. Genelle enters into contracts with third-parties (laboratories) to perform genotyping services on the DNA extracted from your buccal swab sample.
10.3. Based on your selected Service, you may also select to receive personalized cuisine and fitness plans according to a combined assessment of your DNA results and Personal Lifestyle Questionnaire.
10.4. You acknowledge and agree that the Services are provided using the current state of the art genetic research and technology available at the time of providing the Services, and are provided on an “as is” basis.
10.5. As research progresses and scientific knowledge and technology evolve, Genelle is constantly innovating in order to provide the best possible experience for its users. You therefore acknowledge and agree that the form and nature of the Services which Genelle provides may change from time to time. As part of this continuing innovation, you acknowledge and agree that Genelle may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Genelle's sole discretion.
10.6. Services provided by Genelle are NOT diagnostic. Genelle does NOT provide medical advice or health services. If your results indicate/do not indicate a potential association with a specific trait, this does not mean that you have/do not have this trait. Any DNA-related report, information on Genelle website genetic-related, Genetic Roadmaps, cuisine meal and fitness plans content is for EDUCATIONAL AND INFORMATION PURPOSES ONLY and should NOT replace any diagnosis, advice, treatment provided by a certified health professional. In either case, if you have concerns or questions about what you learn through Genelle, you should contact your physician or other health care provider. If you make any decisions about your health or life based on the information you receive through the Service, you do so entirely at your own risk.
10.7. The Services are not intended to be used by you for any diagnostic purpose and are not 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 medical condition or impairment or the status of your health. Genelle does not give or intend to give any answers to medical related questions and the Website does not replace any medical professional or medical resource. Genelle does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. If you are in need of medical attention, call emergency services or your physician immediately.
10.8. When we refer in our Website to health reports, we do so merely on a general description basis and it should not be considered to construct a health advice.
10.9. Genelle does not endorse, promise or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions or other information that may be mentioned on our Website or available through our Service.
10.10. Our Services address the general population, not suffering from a medical condition requiring clinical surveillance. It is strongly recommended to consult your physician before starting any program.
10.11. The Services should be used strictly in accordance with their instructions, precautions and guidelines.
10.12. DNA assessments are based on selected scientific research studies. Note though the following:
10.12.1. Genelle’s tested individuals may find that their experience is not consistent with Genelle’s reports assessments. Genelle’s tested individuals may have different personal factors (health, physical conditions, and other environmental factors) that differ from those of the individuals who participated in the research studies on which Genelle’s reports assessments are based.
10.12.2. These DNA assessments are based only on a list of pre-selected DNA variants. It is subjective to our scientists’ judgment to choose the most suitable for testing, based on their importance on the trait/condition that we include in the report panels.
10.12.3. The science in the area of predictive genomics is still developing. It is possible that new DNA variants will be discovered having significant importance for the traits/conditions we analyse in our reports. Or it is possible that new studies may dictate the change in the interpretation for the effect of a DNA variant that we already include in our panel. Of course, our scientific team puts a constant effort to provide with up to date information. However, keep in mind that future scientific research may change the interpretation of your DNA and the scientific community may show previous research to be incomplete or inaccurate.
10.12.4. The research studies on which our assessments are based have studied and observed the genetic associations with certain traits and conditions. Therefore, the results may or may not be relevant to tested individuals who are of mixed ethnicities or the effect may depend on the sex of the individual tested.
10.12.5. Our training and dietary plans do not address pregnant women. It is strongly recommended that pregnant women should consult your physician before starting any program.
10.12.6. We provide dietary and training recommendations and plans based on a combined assessment of your genetic results and your Personal Lifestyle information as stated in the questionnaires provided by Genelle.
10.12.7. Based on your genetic results and personal profile, personalised products that address your potential deficiencies in certain areas will be recommended. These products target specific traits containing key active ingredients. The target of the products is not single gene-based but rather aims to enhance biological processes where you may have a potential deficiency, as indicated by your genetic results. Whether you actually develop a specific trait or not depends on several other genetic and environmental factors, applying the healthcare products aims to benefit and do no harm.
10.13. We believe that: (i) genetics is only part of the picture of any individual's state of being; (ii) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend the part of the picture of the role of genetics; and (iii) only a trained physician or other health care provider can assess your current state of health, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any.
10.14. The statements made about the products have not been evaluated by the Health Sciences Authority of Singapore or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.
10.15. You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and have the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g. your genotype may have a higher than average chance of developing a specific condition). These outcomes could have social, legal or economic implications.
10.16. As already described previously, the laboratory may not be able to process your Genetic Information, and the laboratory process may result in errors. The laboratory may not be able to process your sample if it does not contain a sufficient volume of DNA, you do not provide enough inner cheek cells, or the results from processing do not meet our standards for accuracy. To avoid such from occurring, please follow the instructions to take the test carefully.
10.17. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds or entitled to make any other claims where these Errors occur.
10.19. You should NOT change your health behaviors solely on the basis of information from Genelle. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from Genelle Services. For most common traits and conditions, known genetic variants are only a part of the picture, meaning that other genetic and environmental factors are involved in the process of developing a certain biological trait. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors.
10.20. It is your responsibility to inform Genelle about any allergy or intolerance so we can remove any recipes containing ingredients from the cuisine meal plans when you fill in necessary information on your account for us to provide you with your cuisine meal plans. In case you have been diagnosed from health professional that you suffered from a specific allergy or gluten/lactose intolerance, you should follow your physician's guidelines. Also in case that in your DNA report you have been assessed with any genetic predispositions associated with intolerance, you are recommended to avoid any substances that you consider to be intolerant to.
10.21. Genelle does not guarantee weight loss results and results will vary. Fitness training plans and nutritional plans with Genelle are designed as part of a general calorie-controlled diet and will depend on your individual goals. Genelle takes a comprehensive approach to weight loss that includes biology-based nutrition recommendations, digital tools, digital cuisine meal plans, recipes and goal tracking.
10.22. Genelle research is not comprehensive. Throughout our DNA there are millions of genetic variations. Research has shown data for only a small percentage of them having an effect/association with biological traits or conditions. As the research community is continuously expanding its knowledge around genetics, an important mission of Genelle is to update if necessary its content regarding results interpretation and if clients provide consent to conduct its own research anonymously.
10.23. Many ethnic groups are not included in genetic studies. Because interpretations provided in the Services rely on these published studies, some interpretations may not apply to you.
10.24. Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others.
11. Modifications to services and products
11.1. Genelle may at any time and from time to time to modify or discontinue, temporarily or permanently, the services and products (or any part thereof) to reflect changes in technology, commercial practice, behaviours, our business, and the way users use our services and products and applicable law and rules.
12. Privacy Policy
12.1. In order to use the Services, you must first acknowledge and agree to the Privacy Policy. You can acknowledge and agree to the Privacy Policy by clicking to accept or agree to the Privacy Policy, where this option is made available to you by Genelle for any Service. Please read our Privacy Policy in full to become familiar with our data processing practices.
13. Your Unlawful and Prohibited Use
13.1. You must not use/access the Website and/or services and products:
13.1.1. for any purpose that is unlawful or prohibited by these TOS or any notices displayed on our Website;
13.1.2. in any manner that could damage, disable, overburden, or impair the services and products or interfere with any other party's use and enjoyment of the services and products;
13.1.3. to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the services and products;
13.1.4. to upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
13.1.5. to impersonate any person or entity, including, but not limited to, anyone affiliated with Genelle, or falsely state or otherwise misrepresent your affiliation with a person or entity;
13.1.6. to add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or services and products;
13.1.7. to "stalk" or otherwise harass another;
13.1.8. to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
13.1.9. to use any information received through the services and products to attempt to identify other customers, to contact other customers, or for any forensic use;
13.1.10. to download any file posted by another user of the services and products that you know, or reasonably should know, cannot legally be distributed in such manner;
13.1.11. to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Genelle or any other party;
13.1.12. to harm minors in any way;
13.1.13. to advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
13.1.14. to upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
13.1.15. to upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
13.1.16. to use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, unless explicitly permitted by Genelle;
13.1.17. to engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Genelle’s Website;
13.1.18. to attempt to or actually override any security component of Genelle web services;
13.1.19. to interfere with or disrupt the services and products or servers or networks connected to the services and products, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and products;
13.1.20. to violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the services and products or have been communicated to you by anyone affiliated with Genelle; or
13.1.21. intentionally or unintentionally violate any applicable local, state, national or international law or any applicable regulations having the force of law.
13.1.22. for commercial / business purposes.
13.1.23. to access or attempt to access information and data (including personal data) that are transmitted through the services and products, for which you have no authorization or authority to use.
13.1.24. to create or produce a product or service that is competes with the Service and the software/platform of the services and products.
13.1.25. for the purpose of providing services to third parties other than those permitted under the TOS.
13.1.26. for the sale, lease, disposal, transfer, assignment, concession, presentation, transmission and, in general, commercial exploitation.
13.1.27. for selling, conceding, renting, transmitting, processing to any third party and for any purpose any data that are connected with any use whatsoever of the services and products.
13.2. You acknowledge and agree that you are solely responsible for (and that Genelle has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Genelle may suffer) of any such breach. In case of breach of any one of these agreements Genelle may suspend or terminate your account and refuse any and all current or future use of the services and products (or any portion thereof) and you will defend and indemnify Genelle and its affiliates against any liability, costs, or damages arising out of your breach of the TOS.
13.3. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, services or products contained within, on or via the Website. You may not use the Website (and any services or products purchased on or via the Website), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity on your own website, auction sites, group buying sites, social media sites or otherwise.
13.4. If you breach these terms and/or Genelle has a reasonable ground to suspect that you have breached the terms, Genelle may suspend or terminate your account and refuse any and all current or future use of the services and products.
14. Indemnity
14.1. You agree to defend and hold Genelle, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services and products and/or the Website; your violation of the TOS; or your violation of any applicable laws or rights of another.
15. Third-party hyperlinks
15.1. The Website may provide links to other sites and resources on the Internet. Because Genelle has no control over such sites and resources, you acknowledge and agree that Genelle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
15.2. You further acknowledge and agree that Genelle 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.
16. Genelle’s Proprietary Rights
16.1. “Genelle Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the services and products. Genelle Content, the services and products, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Singapore and foreign countries. We reserve all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the services and products. Our logos and any other Genelle trademarks that may appear on the services and products, and the overall look and feel of the Genelle services and products, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the services and products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Nothing in these TOS constitutes a transfer of any intellectual property rights.
16.2. Except as expressly authorized by Genelle, you agree not to, and not to permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Website or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Website, excluding software that may be made available by end-users through the Website, is the copyrighted work of Genelle and/or its suppliers.
17. Genelle disclaimers
17.1. To the extent permitted by law, Genelle is providing the services and products, the Website and any content on an as-is basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Website, the information, content, materials or products, included on the Website. Genelle further does not warrant the accuracy and completeness of the materials on this Website and you should not act on any data or information posted on the Website without first independently verifying its contents.
17.2. Website is for informational purposes only and the information contained herein should NOT be construed as legal, financial, tax or medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease.
17.3. We do not guarantee that the services and products will meet your requirements, be reliable, secure, or be available when you want to access the services and products, the results that may be obtained from the use of the services will be accurate or reliable and the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
17.4. Any material downloaded or otherwise obtained through the use of the services and products is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You are advised to back-up or store securely your content and user content.
17.5. Genelle retains its right to deactivate permanently or temporarily the user’s account and also to cancel the provision of the services and products without refund in case of user’s violation of these TOS.
18. Limitation of Liability
18.1. To the extent permitted by law, Genelle will not be liable for any damages of any kind arising out of or in connection with the use of the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
18.2. In particular, you expressly acknowledge and agree that Genelle 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 Genelle has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services and products or the Website; (b) any action you take based on the information you receive in, through or from the services and products; (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) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; (g) statements or conduct of any third party on the services and products; (h) incorrect or improper use of any or any goods, products or services offered by or purchased through the Website, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable; (i) the use, inability to use, or the results of use of this site, any websites linked to this Website, or the materials or information contained at any or all such sites.
18.3. Notwithstanding anything to the contrary, Genelle liability in no event shall exceed an amount equivalent to the price of the ordered products.
19. Changes to the Terms of Service
19.1. Genelle may make changes to the TOS from time to time. When these changes are made, Genelle will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected services and products. The revised TOS will be effective on or after the posted date. If we make a material change to the TOS, we will provide you with notice fourteen (14) days prior to the effective date of the change by posting a notice on our Website or sending a message to the email address associated with your account. Unless you notify us within fourteen (14) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS.
19.2. If you do not agree with the TOS or the changes or modifications, you must immediately cease using the Website and the services and products and can always delete your account at any time. You acknowledge and agree that if you use the services and products after the date on which the TOS have changed, Genelle will treat your use as acceptance of the updated TOS. For this reason, you should frequently review the Genelle’s TOS and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
20. Governing Law and Dispute Resolution
20.1. Initial Dispute Resolution. We are available by email at support@genelle.com to address any concerns you may have about your Agreement with us. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.
20.2. These TOS, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of the Republic of Singapore, without giving effect to any principles of conflict of laws.
20.3. You agree that the courts of the Republic of Singapore shall have jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Service or its subject matter or formation.
20.4. Please be aware that as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including the choice of law clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
21. Force Majeure
21.1 Without prejudice to anything said in this TOS, we shall have no liability to you for any failure to provide the services and products you have ordered or any delay in doing so, without limitation, the following: (a) Wrong, unclear or inaccurate delivery address; (b) Failure of payment to the company by the payment gateway; (c) Stock out; (d) Strikes, lock-outs and other industrial disputes; (e) Restrictions due to epidemic, pandemic, quarantine, (f) Breakdown of communication facilities, web host, internet service provider, systems or network access; (g) Natural disaster such as flood, torrential rain, earthquake etc; (h) Fire, explosion or accident; (i) Failure or accident in maritime or river transport, postal transport or other type of transport; (j) Inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private; (k) Inability to use public or private telecommunications systems; (l) Governmental acts or omissions, changes in laws or regulations; (m) Unexpected demand of our products due to special, seasonal promotions or marketing tactics that might increase the demand unexpectedly or put the company under sudden pressure of delivery which was not accounted for due to the short notice or lack of time for preparation.
21.2. Delays caused by third party or suppliers, such as delays in the supply of raw materials or key ingredients that are used in the DNA Kits, which might delay the manufacturing of the product and cause, delay in the delivery. It shall be understood that our obligations deriving from Agreement are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.
22. Other clauses
22.1. Entire Agreement. The TOS constitute the entire agreement between you and Genelle and govern your use of the servies and products. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
22.2. Survival of Terms. When the Agreement comes to an end, all of the legal rights, obligations, and liabilities that you and Genelle have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, or that by their nature are intended to survive such termination (including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing Genelle and third party intellectual property rights) shall survive such termination.
22.3. Website Genelle’s performance. Genelle’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Genelle’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Genelle with respect to such use.
22.4. Clause titles. The Clause titles in the TOS are for convenience only and have no legal or contractual effect.
22.5. Severability Clause. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
22.6. No further legal relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Genelle as a result of this Agreement or use of the Genelle. Website Genelle’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Genelle’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Genelle with respect to such use.
22.7. Translation. This policy may be translated to other languages. In case of inconsistency or discrepancy between the English and the translated versions, the English version shall prevail.
23. Contact Information
If you have any questions or comments related to the TOS, please contact our Customer Care Team: support@genelle.com
