TERMS OF SERVICE
BY USING THIS SITE, 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 Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Smart EpiGenetX through www.nutricare.life website does not give medical advice, nor does it provide medical or diagnostic services. Additionally, the use of the Content obtained through this Site does not establish a physician-patient relationship. Your reliance upon Content obtained by you at or through this Site 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 Site. Your reliance upon information and Content obtained by you at or through this Site 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 Site 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 Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.
Smart EpiGenetX makes an integrated nutritional management platform (www.nutricare.life), which combines genomic, gut microbiome, blood, urine markers, lifestyle, health goals, 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 supplements or other recommendations/services.
4. Payment Method and Policy
Fees are charged for use of the Services and sale of products on the Site. The prices include Value-Added Taxes (VAT) and do not include delivery services.
Payment will be done online via credit card through EuPlatesc.ro (Visa/Maestro/Mastercard). If you have chosen the "Online via credit card" payment method, it will be necessary to fill a form with your card details in 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 to the online transactions the same security level as for the ones made at the ATMs or at POS, to the merchant.
- "3-D Secure" assures the credit card owner that no informations about the credit card is transfered or stored on the shop servers or on the payments processor servers, these data being directly introduced in the Visa and Mastercard systems.
Good to know! - there is no additional charge for the payments made via credit cards!
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, 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 the 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 Site. Smart EpiGenetX is committed to protecting the privacy of children. You should be aware that this Site 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 Site, 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 Site 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 kit.
We respect the copyrights and intellectual property of third parties, and we expect the users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, 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 Site is provided by Smart EpiGenetX or under license by third parties as a service to the users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” basis. You agree that the use of this Site is at your sole risk. Neither Smart EpiGenetX nor any of its affiliates warrant that the information on this Site is accurate, reliable or current. Additionally, there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from Health Care Provider or medical professionals.
10. Intellectual Property
11. Advertisements and Links to Other Websites
This Site 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 Site 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
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 site and the information, services and materials contained on this site are provided on an “as is” basis and your use of this site are 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 for a particular purpose, title, or non-infringement, or warranties arising by 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 site (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 site. Smart EpiGenetX and any third-party supplier assume no responsibility for any product, brand, method, information or services on this site in any way, and there is no warranty or any assurance that the products or services contained or described on this site will satisfy any requirements that you may have. By using this site, the User acknowledges that it is at the user’s sole risk and the user assumes full responsibility for all risk associated with the use of this site. 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 site for general informational and educational purposes only and should direct any further inquiries to a professional health care 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 user’s opportunity to use the general information and processes provided on this site, the user agrees that under no circumstances whatsoever will Smart EpiGenetX or anyone associated with Smart EpiGenetX or this site 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 site. 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 site, 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
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 Website 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 Site is controlled under the laws of the Romania and European Union. Any claim relating to this Site or services provided through this Site 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 Policy
Cancellations may be made by reaching out to customer support at firstname.lastname@example.org and providing your order information and reason for cancellation.
For Kit Cancellations/Returns:
You cannot cancel Kits once purchased. If there is an issue with the Kit you are entitled to a refund if a customer service representative feels that is justified.
For Supplement Subscription Cancellations:
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.
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 be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO 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.
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.