1.1 Scope and structure of the Terms and Conditions
The Provider Group operates various product groups and services that are all governed by these Terms and Conditions. For this reason, depending on the service or product, only certain parts of these Terms and Conditions apply.
1.2 DefinitionThe Provider: Gene Express whose principal place of business is in , 5th Floor, Sona Towers, No.71 Millers Road, Bangalore - 560 052
• ‘Service’ or ‘Services’ means the Provider’s products, software, services, and website (including butnot limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not.
•‘Personal Information’ is information that can be used to identify you, either alone or in combinationwith other information. The Provider collects and stores the following types of Personal Information:
o‘Registration Information’ is the information you provide about yourself when registering forand / or purchasing our Services (e.g., name, email, address, user ID and password, andpayment information).
o‘Genetic Information’ is information regarding your genotype (e.g., the As, Ts, Cs, and Gs atparticular locations in your genome), generated through processing of your saliva by the Provider or by its contractors, successors, and assignees; or otherwise processed by and/orcontributed to the Provider.
o‘Self-Reported Information’ is all the information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and otherinformation that you enter into surveys, forms, or features while signed into your account.
•GENE EXPRESS is your personal environment in the website.
•GENE EXPRESS Package means the package containing monthly programs and supplements, menu suggestions, weight management, training schedules.
1.3 Acceptance of Terms
Your use of the Provider’s Services (excluding any services provided by the Provider under a separate agreement) is subject to the terms of the legal agreement between you and the Provider set forth in these Terms and Conditions (‘Terms and Conditions’). Except as specified herein, these Terms and Conditions apply to any use of the Services, including but not limited to: (a) submitting a saliva or blood sample for DNA extraction and processing; (b) uploading a digital version of your Genetic Information and interacting with it on the Provider’s website. In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions. You can accept the Terms and Conditions by: (1) clicking to accept or agree to the Terms and Conditions,
where this option is made available to you by the Provider for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that the Provider will treat your use of the Services as acceptance of the Terms and Conditions from that point onwards. In addition, when using in particular the Provider’s Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. The Provider also may offer other services from time to time that are governed by different terms of service.
Before the Agreement is entered into remotely, the text of these General Terms and Conditions shall be made available to the Customer. The text of these General Terms and Conditions shall be made available to the Customer electronically in such a way that the Customer can easily save it on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the Agreement is entered into remotely, where the Customer can take note of the General Terms and Conditions in an electronic form and that the text can, at the request of the Customer, be sent electronically or in some other way to the Customer free of charge.
Any references by the Customer to its own general sales- and delivery conditions are expressly rejected.
1.4 Description of the Services
The Services include access to the Provider’s public website and personal genotyping services, including the collection and analysis of your saliva and blood sampl. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms and Conditions. You acknowledge and agree that the Services are provided ‘AS-IS’ and are based on the current state of the art of genetic research and technology in use by the Provider at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, the Provider is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Provider supplies may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that the Provider may stop (permanently or temporarily) with providing some Services (or any features within the Services) to you or to other users generally at the Provider’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the Provider when you stop using the Services unless you are requesting closure of your account. The Provider assumes no responsibility for the use of Services outside the terms of this Terms and Conditions or other applicable terms.
In order to use the Services, you must obtain internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must give access to the Provider to all equipment necessary to make such an internet connection, including a computer and modem or other access device.
1.Whether you submit your own saliva or blood sample, or a saliva sample for anyone who has given you legal authority to do so, or otherwise supply your own Genetic Information, you may not use the Services and may not accept the Terms and Conditions in the following cases: (1) you are not of legal age to form a binding contract with the Provider; or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
2.In addition to the conditions above, if you contribute or otherwise supply the Provider with your own Genetic Information, you must be eighteen (18) years of age or older to agree to these Terms and Conditions on behalf of yourself or those who have given you legal authority to do so.
1.6. Risks and Considerations Regarding the Provider’s Service
1.Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume thatany information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. You should also understand that as research advances, in order for you toassess the meaning of your DNA in the context of such advances, you may need to obtain furtherservices from your physician or other health care providers.
2.You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and world view. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., yourgenotype may have a higher than average chance of developing a specific condition or disease).These outcomes could have social, legal, or economic implications.
3.The laboratory might not be able to process your sample, and the laboratory process may result inerrors. The laboratory might not be able to process your sample if your saliva does not contain a sufficient volume of DNA, or you do not provide enough saliva, or the results from processing do
not meet our standards for accuracy. If the initial processing fails for any of these reasons, the Provider will reprocess the same sample at no charge to you. If the second attempt to process thesame sample fails, the Provider will offer to send another kit to you to collect a second sample at nocharge.
4.You should not change your behaviours with respect to health, solely on the basis of information from the Provider. Make sure you discuss your Genetic Information with a physician or other healthcare provider before you act upon the Genetic Information resulting from the Provider’s Services. For most common diseases, the genes which we know about are only responsible for a small fraction of healthrisks. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated genetic risk for a particulardisease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitely develop the disease or condition. In either case, if you have concerns or questions about what you learn through the Provider, you should contact your physician or other health care provider.
5.Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Curr ently, very few businesses or insurance companies request genetic information, but this could change in the future.
6.Furthermore, Genetic Information that you choose to share with your physician or other healthcare provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the
future as new discoveries are made. If you are asked by an insurance company whether you have acquired Genetic Information about your health conditions and you do not disclose this to them, this may be considered to be fraudulent.
7.The Provider’s Services are for informational and educational use only. We do not provide medical advice. The Genetic Information supplied by the Provider is for informational and educational use only. The Provider does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care provider, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website.The Provider believes that: (a) genetics is only part of the picture of any individual’s state of being;(b) the state of understanding Genetic Information is rapidly evolving and at any given time we can only comprehend part of the picture that the role of genetics may play; and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any Reliance on any information provided by the Provider, the Provider’s employees, others appearing on our website at the invitation of the Provider, or other visitors to our website is solely at your own risk.
1.7. User Representations
By accessing the Provider’s Services, you agree to, acknowledge, and declare as follows:
1.You understand that information you learn from the Provider is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in theabsence of medical and clinical information. You understand that the Provider’s Services are intendfor informational and educational purposes only, and that while the Provider’s information mightpoint to an elevated risk it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that the Provider urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
2.You give permission to the Provider, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request the Providerto disclose the results of analyses performed on your DNA to you and to others you specificallyauthorise.
3.You declare that you are eighteen (18) years of age or older if you are providing a saliva sample or you are accessing your Genetic Information.
4.You guarantee that any sample you provide is your saliva or blood; if you are agreeing to these Terms and Conditions on behalf of a person from whom you have legal authorisation, you confirm that the sample provided will be the sample of that person.
5.You confirm that this act is not subject to any export ban or restriction in the country in which you reside.
6.You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
7.You warrant that you are neither an insurance company nor an employer attempting to obtain information about an insured person or an employee.
8.You are aware that some of the information you receive may provoke strong emotion.
9.You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
10. You understand that all your Personal Information will be stored in the Provider’s databases, and will be processed in accordance with the Provider’s Privacy Statement.
1.8. Limited Licence
All rights reserved; distributed pursuant to a Limited Licence from the Provider; you agree you have no right to offer anyone else any further right with respect to this Services content. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by the Provider or by the owners of that content, in a separate agreement.
1.9. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to the Provider that you will not use the Services for any purpose that is unlawful or prohibited. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Services. Furthermore, you agree not to use the Services to violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with the Provider; or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for – and that the Provider has no responsibility to you or to any third party for – any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Provider may suffer) of any such breach. In the event of a breach of any of these agreements, the Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof), and you will defend and indemnify the Provider and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or the Provider has reasonable grounds to suspect that you have violated the terms of this Section, the Provider has the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any part thereof).
1.10. Export Control and Applicable Laws and Regulations
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree that: (1) the provision of your sample is not subject to any export ban or restriction in the country in which you reside; (2) your sample and data may be transferred and/or processed outside the country in which you reside; and (3) you will comply with all applicable laws regarding the transmission of technical data exported from the country from which you access the Provider’s Services online.
1.11. Genetic and/or Self-Reported Information.
Your saliva sample or Blood sample, once submitted to and analysed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your saliva remains your information, subject to those rights we retain as set forth in these Terms and Conditions. You understand that you should not expect any financial benefit from the Provider as a result of having your Genetic Information processed or made available to you, as provided for in our Privacy Statement and Terms and Conditions.
You agree to defend and indemnify the Provider, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees against any claim, or demand, including reasonable attorneys’ fees, made by any third party either; due to or arising out of User Content you submit, post to, or transmit through the Service; or your use of the Service; or your connection to the Service; or your violation of the Terms and Conditions; or your violation of any rights of another.
If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and indemnify the Provider, its employees, contractors, successors, and assignees against any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analysing your Genetic Information that is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and indemnify the Provider, its employees, contractors, successors, and assignees against any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
1.13. No Resale of Service
Other than pursuant to the terms of the Limited Licence in Section 9 of these Terms and Conditions or unless otherwise agreed in a separate agreement between you and the Provider, you agree not to display, distribute, licence, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any part of the Service, use of the Service, or access to the Service.
1.14. Modifications to Service
The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Provider’s features or Services, and (ii) the Provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from the Provider. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit the Provider to deliver these to you) as part of your use of the Services.
You acknowledge that the Provider may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
1.The Terms and Conditions will continue to apply until terminated by either you or the Provider as set out in this section.
If you want to terminate your legal agreement with the Provider, you may do so by notifying theProvider at any time online by email via Customer Services. If you provide notice online, the Providerwill send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
The Provider may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms and Conditions (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms and Conditions); (2) the Provider is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom the Provider offered the Services to you has terminated its relationship with the Provider or ceased to offer the Services to you; (4) the Provider is transitioning to no longer provide the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by the Provider is, in the Provider’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to the appropriate law enforcement authorities. You acknowledge and agree that the Provider shall not be liable to you or any third party for any termination of your access to the Services.
2.You can terminate this membership of Gene Express Package with an appropriate explanation tothe Provider subject to a notice period of 3 months. The Provider is entitled to terminate the user’s membership at the month’s end, with a notice period of 3 months. In the event that there is a good reason, the Provider is entitled to block access to your Gene Express Package immediately and to cancel your membership without prior notice. Upon termination of your membership, the Provider is entitled to block your access. In the event of termination of your membership, the Provider is entitled, but not obliged to delete content created by you. Any claim on your part to transfer the content created is excluded.
1.16 Provider’s Proprietary Rights
1.You acknowledge and agree that the Provider (or the Provider’s licensors, as applicable) own all legal rights, title, and interest in and to the Services, including any intellectual property rights (including butnot limited to patents) which subsist in the Services (whether those rights happen to be registeredor not, and wherever in the world those rights may exist). You further acknowledge that the Servicesmay contain information which is designated confidential by the Provider and that you shall notdisclose such information without the Provider’s prior written consent.
2.You further acknowledge and agree that the Services and any necessary software used in connection with the Services (‘Software’) contain proprietary and confidential information that is protected byapplicable intellectual property and other laws. You further acknowledge and agree that informationpresented to you through the Services is protected by copyrights, trademarks, service marks,patents, or other proprietary rights and laws. Except as expressly authorised by the Provider, youagree not to – and not to permit anyone else to – modify, rent, lease, loan, sell, distribute, or createderivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end users through the Services, is the copyrighted work of the Provider and/or its suppliers. Your use of the Software is governed by the terms of the end-user licence agreement, if any, which accompanies or is included with the Software (‘Licence Agreement’). You may not install or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.
3.Provider Inc., the Provider, and other Provider logos and product and service names are trademarks of the Provider and these marks together with any other Provider trade names, service marks, logos,domain names, and other distinctive brand features are the ‘the Provider Marks’. Unless you haveagreed otherwise in writing with the Provider, other than through the Limited Licence in Section 9,nothing in the Terms and Conditions gives you a right to use any ‘the Provider’ Marks and you agreenot to display, or use in any manner, the Provider Marks.
4.You agree that you shall not remove, obscure, or alter any proprietary rights’ notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
5.Unless you have been expressly authorised to do so in writing by the Provider, you agree that by using the Services, you will not use any trade mark, service mark, trade name, logo of any companyor organisation in a way that is likely or intended to cause confusion about the owner or authoriseduser of such marks, names, or logos.
1.17 Disclaimer of Warranties
You expressly acknowledge and agree that: (1) your use of the services are at your sole risk. The services are provided on an ‘as is’ and ‘as available’ basis. The Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) the Provider makes no warranty that (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations and (e) any errors in the software will be corrected. (3) any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (4) no advice or information, whether oral or written, obtained by you from the provider or through or from the services shall create any warranty not expressly stated in the terms and conditions. (5) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. The Provider does not control or endorse any actions resulting from your participation in the services and, therefore, the Provider specifically disclaims any liability with regard to any actions resulting from your participation in the services.
1.18. Limitation of liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that the Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of the provider, goodwill, use, data or other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in, through, or from the services; (c) your failure to keep your password or account details secure and confidential; (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorised access to or alteration of your transmissions or data; (f) the improper authorisation for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
Notices to you may be made via either email or regular mail. The Provider may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on or through the Services. Any notices that you provide without compliance with this section on notices shall have no legal effect.
1.20. Changes to the Terms of Service
The Provider may make changes to the Terms and Conditions from time to time. When these changes are made, the Provider will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services. You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, the Provider will treat your use as acceptance of the updated Terms and Conditions.
2.Terms and Conditions for using GENE EXPRESS ACCOUNT
By accessing the programme via the website www.geneexpress.com including the corresponding subdomains (‘Website’) as well as via the use of the Mobile Application (‘App’), you agree that the following terms and conditions and Privacy Statement (‘Terms and Conditions’) have been accepted and recognised. If you do not agree with these Terms and Conditions, you must refrain from accessing the login .
These terms and conditions govern the contractual relationship between the Provider and you, as well as the Privacy Statement.
2.2 . Conditions of Use
2.3 . Customer’s Usage Rights
The Provider grants you the non-exclusive right, which depends upon compliance with the terms and conditions, to use the information made available on the website or through the App (‘Information’) for the Provider, to non-commercial and non-public personal use. Any use for public or commercial purposes, in particular the reproduction, transfer, modification and/or linking of the website for public or commercial purposes in any form is prohibited.
2.4 . Account Creation, Customer Account, Password, Username and Security Obligations
In consideration of your use of the Services, you agree to: (a) supply the Provider with true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you supply the Provider with any Registration Information that is untrue, inaccurate, not current, or incomplete, or if the Provider has a reasonable ground to suspect that such information is untrue, inaccurate, out of date, or incomplete, the Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
After you have purchased our Service, you will create a password and account designation.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Provider’s website through your username and password, you will defend and indemnify the Provider and its affiliates 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 the Provider of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
2.5 . Intellectual Property
All elements contained on the website or in the App, in particular information, recipes, data, images, layouts, etc., are the intellectual property of the Provider, or authorised third parties. By exercising the rights of use, you acquire no rights to the elements mentioned. An uploading of recipes and all associated data and images (collectively: ‘Recipes’) by you results in all rights to the recipes being transferred to the Provider free of charge. You hereby transfer all such rights to the Provider. The transfer is unlimited in time, place and material terms. Furthermore, you give the Provider all consents, required under data protection law, which may be necessary to use the recipes as part of the website or the App.
2.6 . Disclaimer
Any liability of the Provider in connection with these Terms and Conditions, the website or the App is specifically excluded to the extent permitted by law. In particular, any liability of the Provider for damages (including collateral damages such as consequential damages or indirect damages or losses incurred by the Provider) arising from the access to the website or the App, their elements and/or from their use (recipes, advice, fitness exercises, etc.) or arising from the impossibility or restriction of access or use (such as functional interruptions, technical error, etc.) is excluded. The Provider is also not liable for abuse of the internet and associated damage incurred by viruses and similar damaging elements, nor for security lapses and failures of the telecommunications networks and the internet. In particular, the operational readiness of the internet cannot be guaranteed. Transmission errors, technical defects, malfunctions, illegal intrusion into the network, overloading of the network, wilful blocking of electronic access by third parties, interruptions or other shortcomings on the part of network operators may occur.
2.7. No Warranty
The Provider gives you no warranties in connection with the website or the App. In particular, the Provider issues no assurance of the correctness, accuracy, reliability, timeliness, adequacy or completeness of the information contained on the website or made available with the App and excludes all liability for incomplete or incorrect content. All information is provided without warranty. In particular, the Provider does not extend guarantees for the goods and services offered on the website or through the App and for any consequential agreements. The Provider owes only the effort for use of the service offered, but not its success. You can purchase products through the website.
You agree to indemnify the Provider against any complaints, damage, losses or claims that may arise from the registration and/or use of the website or the App and the information thus made available.
2.9 . Links
The Provider is not responsible for and excludes all liability for the content of websites referred to by links on the website or via the App. Access to these links is at your risk. All liability claims by you against the Provider in connection with such links are – as far as legally permissible – excluded.
2.10. Reserved Rights
The Provider has the right to delete user accounts, provided reasonable doubt regarding the correctness of the statements made exists. Also, the Provider reserves the right to supplement information or changes made accessible on the site or App at any time, or to delete them. Measures do not reduce the prices to be paid.
The prices are including VAT. All current prices are listed on the website. These prices are an integral part of the contractual relationship. The total amount of each subscription shall be due immediately upon conclusion of the Agreement.
2.12. Price adjustments
The Provider has the right to make price adjustments.
2.13. Terms of payment
1.When signing a contract or contract extension through the website the following payment methodsare available: Credit Cards, PayPal or payment by invoice (may include an additional administration fee).
2.You are obliged to pay the purchase price immediately, using one of the payment options offered on the website. You are not authorised to deduct any amount from this purchase price due to offsetting of any discounts which have not been expessly agreed to, or due to counterclaims made by them.
3.The purchase price includes the price for the items and the costs of packaging. Costs for transportand delivery to your location are for your account, unless expressly agreed otherwise.
4.Alternative payment arrangements must be specifically agreed in writing.
5.You shall be deemed to be in breach of payment obligations, without a demand letter or notice of default being required, once the term of 14 days after invoicing has expired, or longer if agreed to in writing, as long as you have not fully met your payment obligations, or if you have applied for suspension of payments in or out of court, or if bankruptcy has been filed for, or you have been declared bankrupt.
6.If you do not meet your payment obligations on time, and if you fail to comply with a notice of default for a period of one week, the Provider is entitled to consider the Contract of Sale as terminated without recourse to the courts. If this is the case, you shall be liable for any damages incurred by the Provider, comprising inter alia of loss of profits, transport costs and notice of default costs as required. If the Provider resorts to extrajudicial measures in the event of attributable breach in performance on your part, the costs with respect to this shall be for your account. These costs shall amount to 15% of the invoiced amount, with a minimum of € 150, an amount which is not subject to judicial mitigation. In addition, if the payment of an invoice is not received within 14 days of the date of invoice, you shall owe interest over the invoice amount in accordance with statutory interest, applicable during the time that you are in default, whereby the time shall be calculated in full months.
7.The Provider is entitled to issue all payments, in a sequence to be decided at the Provider’s discretion, less amounts that the Customer owes to the Provider due to deliveries, interest and/or costs, regardless of deviating provisions or payments.
8.In the event of increases inter alia in wages, salaries, social security costs, prices of materials or raw materials, turnover tax or any other increases or changes whatsoever, the Provider is entitled to pass these increases on to you.