Purpose

The purpose of this document sets outs the terms of service. To use our service, you must agree to the terms set out here. You must read this document as it affects your rights and obligations. Your use of our service signifies the acceptance of these terms. The terms of service represent the entire agreement between you and Genletics. It governs your use of our services and replaces any prior agreements made between you and Genletics on this matter. You can also be subject to additional terms and conditions that may apply when you use our services and our content, which includes our website (www.genletics.co.uk) or software.

Context

Genletics aims to be a ground-breaking fitness brand at the forefront of novel personalised fitness where an individual’s desire and quest for science-backed personalised performance training is continually influenced by an individual’s biology and the many processes that affect a person’s physiology. It is through the application of specific analytical processes that Genletics collects, analyses, interprets and reports an individual’s data and information, which provides an optimal time for workout and maximising performance gains.

Use of our Service

Your use of our service is subject to the terms as set out in this document, which applies to our service, which involves the submission of buccal (cheek) samples for nucleic acid extraction and analysis in our laboratory. Your use of our service is also subject to the terms set out in other policies and documents that we will provide links to on www.genletics.co.uk (our website), which are considered part of this Terms of Service. To use our service, you must first accept these Terms of Service. Your use of the service signifies implied consent.

Pre-requisites

Direct to consumer users who provide cheek samples for analysis are at least 18 years old regardless of permissions from parents or guardians and you are lawfully able to use the service under the laws of where you reside. To use our service, you must be resident in the UK, have internet access and it is your responsibility to pay the relevant external service fees to provide secure access to the internet. You must also provide all necessary equipment for accessing the internet. While Genletics has not set an upper limit for the number of interactions with the service or the amount of storage space used in providing the service, you agree that an upper limit may be set at the sole discretion of Genletics.

The Service

The service includes access to the website at www.genletics.co.uk and the use of our test kit in taking cheek samples for analysis in our laboratory. Currently, we can only process orders from the UK. Do not use our service if you reside outside of the UK. You agree that the services, at the point of using them are based on the current state of knowledge and technology in genetic research. Genetic research is continually evolving, and our services may change to reflect the current state of scientific knowledge. You agree and accept that the services may change without warning.

You can stop using the services at any time without notifying us, unless you wish for us to delete your personal data. In which case, you need to email enquiries@genletics.co.uk with your specific request.

Your Responsibilities

You agree to use your test kit within six months after receiving it. Once you have used the test kit and you have taken your samples, you are to return them within 24 hours at the risk of inaccurate results due to sample deterioration and poor sample quality. You must follow the instructions as set out on the website as your samples may not be processed if:

• The test has not been performed as instructed

• The samples have not been packaged for return as instructed

• They are not posted as instructed

Any samples received in a state, we deem compromised, will be securely disposed of and not processed for analysis. Under any of these circumstances listed above, you agree to pay for a replacement kit.

Risks and Considerations

Chronobiology is still an emerging field of research. It is subject to significant limitations. You rely on information from Genletics, our employees and our website at your own risk. There are knowledge gaps, which we aim to address by contributing to this field of research. Future research may change our analysis and the interpretation of our analysis and your data. You must consider our analysis as not conclusive. You must not change your workout habits solely on the basis of the advice and data provided by Genletics and/or our employees. Referral to a health practitioner and fitness coach is strongly advised before acting upon information provided to you by Genletics.  

Your Representations

By accessing and using our services you understand that:

• Our service is for research only, informational, and educational.

• The sample you provide is yours.

• The service must only be used in good faith and for the intended purpose.

• Metabolic Peak is a registered trademark, used for marketing purposes only.

• By providing your samples and personal information, you do not have proprietary or any other rights in research or products that may be generated by Genletics. You acknowledge that you will not receive any compensation for research or commercial products/intellectual property that may be developed because of your use of this service.

You agree that you have the authority to make these representations. In case you break these representations or terms as set out here, we have the right to refuse the use of our service. You will hold Genletics and our employees harmless against any liabilities or damages that may arise because of the contract being broken.

Unlawful Conduct

You guarantee that you will not use the service for any unlawful or prohibited purposes. You are prohibited in using this service in such a way that may negatively impact or damage the service and/or impinge on the rights and experience of other users. You cannot try to obtain any information in any other way other than that made available through direct use of the service. You must not in any way interfere or disrupt the service or networks in any way. You must not violate the terms of service, or another other guideline or policy mentioned here or on the website or violate any law, municipal, international or national regulation. You acknowledge and accept that you are responsible for (and that we have no responsibility to you or someone else for) any violation of your obligations under the terms of service and for the consequences that the violations might have, including any damage that Genletics might suffer. In case of any agreement violation, Genletics has the right to refuse any future service use and you will indemnify Genletics against any costs or damages that might arise from the violations. You agree that you will abide by all applicable laws and regulations in your use of the services. You will not violate any applicable export control rules. In addition, you agree that you will not do anything that would cause Genletics to violate any such statute, regulation, law or rule.

Indemnity

You agree to hold harmless Genletics, its affiliates, contractors and employees against any claims, including attorney’s fees, made by any third party from your use of the services, your service connection, your terms of service violations, or any other rights violation(s). You will indemnify Genletics, its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the analysis of your sample.

Resale

You agree that you shall not distribute, publish, duplicate, copy, create, sell or share parts or all of the services, the use of the services or access to the services for any commercial purposes. You agree that any violation of this will result in immediate termination of your agreement with us and you will not be eligible for any refund.

Alterations to our Service

As mentioned above, the state of scientific research is constantly evolving, and you agree that our service will change to reflect the current state of knowledge. You also agree that our service can be modified at any time and without notice. You understand and accept that changes may result in an operational and/or computational delay of our services. We are not liable to you for any modification or loss of service. You understand that Genletics may offer new services in the future and that your initial purchase does not permit your access or use of the new service without an additional fee. We reserve the right to change our pricing on a short term, long term, or permanent basis for promotional offers and to reflect business costs.

Termination

The terms of service will apply until Genletics or you terminate your obligations as described here. If you wish to terminate your legal agreement with Genletics, you can do so by providing a written notice via email to enquiries@genletics.co.uk.

Genletics reserve the right to terminate its legal agreement with you without notice, if:

• You violate any provision of the terms of service or act in a way that shows you cannot comply with the provisions as set out here.

• We are required to do so by law.

• Genletics currently or no longer plans to provide services to users in your geographical region.

• The service provided to you by Genletics is no longer commercially viable (under our discretion).

Any suspected illegal activity can be grounds for terminating your service use and can be referred to the appropriate law enforcement authorities. You understand that Genletics will not be liable to you or any third party for terminating your use of our service.

Shipping Service

All postage is paid, but it is your responsibility to contact Genletics with any issues regarding shipping and packaging.

Our Proprietary Rights

You understand and agree that Genletics owns all of the legal rights to the service including intellectual property rights (including patents) that form part of the services. You also understand that the services can contain confidential information as deemed so by Genletics and you cannot disclose this information without our permission and written consent. Additionally, you agree that the services, and any other hardware and software used for the services, contain information that is both confidential and proprietary, protected by intellectual property laws. You also acknowledge that the information provided to you through our services is protected by copyrights, trademarks, patents and other proprietary laws. You agree not to copy, alter, amend, sell or distribute information within and associated with our service. Our logo, brand and name are protected which you do not have the right to use unless you have obtained our prior written permission. You accept that you cannot and will not remove, obscure or alter any proprietary rights notices including copyright and trademark notices that might be contained within our services.

Warranty Disclaimer

You explicitly understand and accept that your use of the service is at your own risk. You acknowledge the risks in sharing personal information. No advice obtained from Genletics or its representatives makes a warranty not covered in the terms of service.

Genletics makes no warranties that:

• The service will deliver on your expectations.

• The service will meet your requirements.

• The service will be error free.

• The results will be accurate and reliable.

Liability Limitation

You unequivocally accept that Genletics is not liable to any damages incurred through your use of or inability to use our service, any action taken based on the information provided following your use of our service, improper representation of the service by unauthorized person(s), prohibited access to your data or modification of the data for public broadcast.

Notice

We may send notices to you via email. You may be made aware of changes to the terms of services or other matters via email. Official notice in relation to these terms of service should be sent to Freepost Genletics. Notices you may provide without compliance will have no legal baring.

 Changes to the Terms of Service

Genletics may make changes to the terms of service on occasions without warning. The updated terms of service will be made available on our website. Your use of the service at a date after the new terms of service were published on our website constitutes implied acceptance of the updated terms of service. If you do not accept the updated terms, you may terminate the agreement as mentioned above.

Violation or Suspected Violation of the Terms of Service

If you violate or we suspect you have violated any of the terms as set out here, Genletics has the right to suspend or terminate your account and refuse future or current use of our services.

Assignment

Genletics reserve the right to substitute all rights to a third party to act in place of Genletics without notice.

Limitation of Action

Regardless of any law that states the contrary, you agree that any claim or cause of action from or related to your use of our services and the terms as set out here must be filed within 12 months after the claim or the cause of action is made.

Waiver

Failure of Genletics to enforce any right or term as set out here, does not constitute a waiver of such right or provision. If a term is found by a court of England and Wales to be invalid, the parties will agree that the court should endeavour to give effect to the party’s intentions as they are reflected in the provision, and the other terms set out here shall remain in full force and effect.

Applicable Law and Arbitration

Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with Genletics arising from agreement disputes will be governed by the laws of England and Wales regardless of your country of origin or where you access Genletics. Any disputes shall be resolved by arbitration in accordance with the Arbitration Act, and shall be held in the courts of England and Wales, in English, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of England and Wales.

 Review date: February 2024.