TERMS OF SERVICE
BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND ABLE TO FORM LEGALLY BINDING CONTRACTS.
1. Medical Disclaimers
The Content available through this Platform is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Smart EpiGenetX through the Platform does not give medical advice, nor does it provide medical or diagnostic services. Additionally, the use of the Content obtained through this Platform does not establish a physician-patient relationship. Your reliance upon Content obtained by you at or through this Platform is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Platform. Your reliance upon information and Content obtained by you at or through this Platform is solely at your own risk. Neither we nor our Content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or Services provided to you.
The company does not assume any liability for inaccuracies or misstatements about food recipes, supplements or other content on the service. you should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. for additional information about a food product, please contact the manufacturer directly.
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. the testimonials and examples that may be provided on the service are results based on a personal approach, which do not apply to an average person and are not intended to represent or guarantee that anyone will achieve the same or similar results.
Each individual’s health, fitness, and nutrition success depend on his or her background, dedication, desire, and motivation. as with any health-related service, your results may vary and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. the use of the service should be based on your own due diligence and you agree that the company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of the service.
In addition to all other limitations and disclaimers in these terms, the company disclaims any liability or loss in connection with the content provided on the service. you are encouraged to consult with your doctor and other relevant professionals with regard to the information contained on or accessed through the service.
Portions of the Platform require a user identification and password to access and use. You are solely responsible for (1) maintaining the strict confidentiality of your user identification and passwords (collectively, “IDs”) assigned to you, (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your IDs, and (3) promptly inform us in writing firstname.lastname@example.org of any need to deactivate an ID due to security concerns. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use this Platform using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.
Smart EpiGenetX makes an integrated nutritional management platform using web and mobile applications, which combines genomic, gut microbiome, blood, urine markers, lifestyle, health goals, and nutrients assessment to recommend a healthier way to live. The recommendations come from evidence-based clinical research studies that Smart EpiGenetX has reviewed and put into its overall algorithm. The action plan may include tailored diets, supplements or other recommendations/services.
4. Payment Method, Policy and other benefits
Fees are charged for the use of the Services and sale of products on the platform. The prices include Value-Added Taxes (VAT) and do not include delivery services.
Payment will be done online via credit card through an accreditated online payment processor (Visa/Maestro/Mastercard). If you have chosen the "Online via credit card" payment method, it will be necessary to fill in a form with your card details on the secured page of the online payments processor.
- The payments made using credit cards issued under the Visa and Mastercard badge (Visa/Visa Electron and Mastercard/Maestro) are made through the "3-D Secure" system developed by the entities that assure online transactions the same security level as for ones made at the ATMs or at POS, to the merchant.
- "3-D Secure" assures the credit card owner that no information about the credit card is transferred or stored on the shop servers or on the payments processor servers, these data being directly introduced in the Visa and Mastercard systems.
In the situation that the user achieves the challenge selected in the onboarding process, he can choose to receive another challenge for free for a similar period or a medal. The medal will be awarded only if the user paid subscriptions for a minimum of 3 months.
5. User Submissions — Image, Video, Audio Files
6. Smart EpiGenetX Community and Member-to-Member Areas (“Public Areas”)
If you use our Public Areas such as message boards, blogs, social media pages, social media groups or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Smart EpiGenetX and its licensors are not responsible for the consequences of any communications in Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Smart EpiGenetX in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Collecting information about others, including email addresses, without their identification for posting or viewing comments; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of Smart EpiGenetX, exposes Smart EpiGenetX or any of its customers or suppliers to any liability or detriment of any type. Smart EpiGenetX reserves the right but is not obligated to do any or all of the following: Record the dialogue in public chat rooms; Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; Terminate a user’s access to any or all Public Areas and/or the Smart EpiGenetX Site upon any breach of these Terms and Conditions; Monitor, edit, or disclose any communication in the Public Areas; and Edit or delete any communication posted on the Smart EpiGenetX Site, regardless of whether such communication violates these standards.
7. Minors Prohibited
Smart EpiGenetX is for use by adults only. If you are not over 18 years of age, do not use this Platform. Smart EpiGenetX is committed to protecting the privacy of children. You should be aware that this Platform is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.
8. Copyright, Ownership and Use
All of the Content on this Platform, including all text, photographs, graphics, images, videos, format, and other expressions is the property of Smart EpiGenetX or the suppliers of Content. A user of this Platform may only use the Content for accessing and understanding such information for individual and personal use. No one may copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgement of ownership of same in Smart EpiGenetX or its third party suppliers or licensors.
Regarding any test kit purchased on or after January 2021, you must submit such test kit for processing within one month from the date on which the test kit was purchased from Smart EpiGenetX. You acknowledge and agree that Smart EpiGenetX has no obligation to process any test kits or return their results if test kits are submitted for processing more than one month after the date of purchase of such test kits.
We respect the copyrights and intellectual property of third parties, and we expect the users of this Platform to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Platform, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating the same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate, or you have a good faith belief in same. You may send such notices to email@example.com. The Content contained on this Platform is provided by Smart EpiGenetX or under license by third parties as a service to the users of this Platform. This Platform and the information, Services and materials contained on this Platform are provided on an “as is” basis. You agree that the use of this Platform is at your sole risk. Neither Smart EpiGenetX nor any of its affiliates warrant that the information on this Platform is accurate, reliable or current. Additionally, there are no warranties as to results that may be obtained from the use of this Platform. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from Health Care Providers or medical professionals.
10. Intellectual Property
11. Advertisements and Links to Other Websites
This Platform may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. Smart EpiGenetX may occasionally provide links on its Platform to third-party websites. These links connect you with other websites which are maintained by other parties over whom Smart EpiGenetX has no control. These links are provided only as a convenience to you, and Smart EpiGenetX does not assume any responsibility nor endorse such other websites. Unless expressly stated by us, Smart EpiGenetX does not, services or websites of any third parties or make any determination whether any such product, service, or website may be either necessary or appropriate for you or for the use in rendering care to patients.
12. Customer Satisfaction and communication
Smart EpiGenetX is committed to customer satisfaction. We attempt to provide access to educational information about wellness and nutritional supplementation with minimum interruption. Notwithstanding any provision in these Terms and Conditions to the contrary, you agree as follows:
Disclaimer of Warranty. This Platform and the information, services and materials contained on this Platform are provided on an “as is” basis and your use of this Platform is at your own risk. Smart EpiGenetX and its affiliates make no warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness or dieting for a particular purpose, title, or non-infringement, or warranties arising by the course of dealing or custom of trade. Neither Smart EpiGenetX nor its affiliates warrant that the information on this site is accurate, reliable or current. Neither Smart EpiGenetX nor any other content providers make any warranty or representation, express or implied, as to the accuracy of the data from which the information is compiled or the accuracy of the information itself, nor the compatibility of the information with any hardware and systems.
Smart EpiGenetX also makes no representations or warranties that your access to and use of the Platform (1) will be uninterrupted or error-free, (2) is free of viruses, unauthorized code, or other harmful components, or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Platform. Smart EpiGenetX and any third-party supplier assume no responsibility for any product, brand, method, information or services on this Platform in any way, and there is no warranty or any assurance that the products or services contained or described on this Platform will satisfy any requirements that you may have. By using this Platform, the User acknowledges that it is at the user’s sole risk and the user assumes full responsibility for all risks associated with the use of this Platform. Neither Smart EpiGenetX nor its affiliates nor any third-party supplier can be assured that the user, in using this site, has selected an appropriate service provider. Again, you should use this Platform for general informational and educational purposes only and should direct any further inquiries to a professional healthcare provider. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
Exclusion of damages, as consideration for the user’s opportunity to use the general information and processes provided on this Platform, the user agrees that under no circumstances whatsoever will Smart EpiGenetX or anyone associated with Smart EpiGenetX or this Platform be liable in any way to you or any other entity for any action or inaction taken by the user in reliance upon information or services provided through this Platform. Neither Smart EpiGenetX nor anyone associated with Smart EpiGenetX shall be liable in any event for any direct, indirect, special, consequential, incidental or punitive damages that result from or relate in any manner whatsoever to (1) your use of the platform, or reliance on the content, or (2) errors, inaccuracies, omissions, defects, untimeliness, security breaches, or any other failure to perform by Smart EpiGenetX or its content providers. The foregoing exclusion shall apply regardless of whether Smart EpiGenetX has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
If you want to make a complaint and you live in the EU, Iceland, Norway or the UK, the European Consumer Centres Network (ECC Net) in your country can explain your rights as a consumer, help you settle a dispute with a seller based in another EU country (or Iceland or Norway), tell you who to contact if they can't help. ECC Net is a network of independently-managed offices co-funded by the European Commission. You must contact ECC Net in the country where you live: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Service, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and at the Service, satisfy any legal requirement that such communication is in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
13. Foreign Access or Use
Smart EpiGenetX LLC operates in the European Union and is a corporation organized under the laws of Romania and the European Union. The servers that host this Platform are located in the European Union, and any Personal Information you provide to us will be processed by Smart EpiGenetX in the European Union. By using this service, your data will be in the European Union.
19. Governing Law
Smart EpiGenetX and the Platform are controlled under the laws of the Romania and European Union. Any claim relating to this Platform or services provided through this Platform will be governed by the laws of the Romania and European Union, without giving application to the conflicts of laws provisions thereof.
20. Entire Agreement
21. Limitation of liabilities
In no event will we or our directors, employees, contractors, affiliates or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our cumulative liability to you or any third party arising from or in connection with these terms for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or $100.
You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
22. Miscellaneous Information
23. Return and Refund Policy
All In-app purchases are subject to the return policy governed by the App Provider (e.g. Apple or Android). Please refer to their specific policies and guidelines that govern purchases made within their respective App stores.
HOW DO WE REFUND APP SUBSCRIPTIONS
We’ll issue a refund for your initial subscription or add-on charges provided that you reach out to firstname.lastname@example.org within 14 days of the charge date.
Renewal charges aren’t eligible for a refund, so please make sure you cancel your subscription or renew the add-on prior to the renewal date. Any cancellation requests received after your subscription or add-on renewal will go into effect at the end of that billing cycle.
To inquire about a refund within the 14-day grace period, please reach out to NutriCare.Life and send us a message at email@example.com or via our contact form or.
HOW DO WE REFUND SUPPLEMENT SUBSCRIPTIONS
You may cancel your supplementation order at any time by reaching out to support. The moment the representative cancels the subscription, the system will not send out or bill any more supplements. However, in the case that a supplement order has already been sent to the supplement vendor for the upcoming shipment, you will be charged for that order.
HOW DO WE REFUND NUTRITIONAL TESTING SERVICES
You can request a refund. If it is within 14 days of your original purchase and has not yet completed urine/blood/DNA testing, you may be eligible to have your order refunded in full. Please call us or submit any refund requests to our support team at firstname.lastname@example.org
Unless provided by law or in the terms of a particular service offer, all purchases beyond 14 days from the date of sale are final. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
Any refunds provided under this policy will be issued to the same credit card(s) used for the purchase and will be processed within 21 business days of confirmation by our support team once the conditions of the refund have been met. If the purchasing card cannot be automatically refunded, NutriCare Life will attempt to credit you via another means (e.g. Paypal refund, account credit, etc.)
International orders paid for in other currencies than EUR are refunded at the exchange rate for EUR 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. NutriCare Life is not responsible for currency rate changes that occur after the order is placed.
We are not able to offer refunds once a urine/blood/saliva/faecal sample has been collected. Smart EpiGenetX will not provide a refund of any purchased lab or DNA services that are more than one (1) year old regardless of whether you have completed the test or not.
All costs already incurred such as bank transfers, delivery of collection kits and other costs related to the services provided will be deducted from the refund.
24. Acceptance of Terms and Conditions
You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Smart EpiGenetX contrary to those set forth above.