- These terms
1.1 What these terms cover.
These are the terms and conditions on which we supply Services to you, including a bar-coded testing kit for the return of your stool samples, which we may supply, in some cases, through one of our resellers.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. You cannot use our Services without accepting these terms and conditions.
- Information about us and how to contact us
2.1 Who we are.
We are GUTXY, a company registered in Denmark, with CVR 38241192.
2.2 How to contact us.
You can contact us by email at [email protected] Please note that any interaction between us via social media will not be recorded as part of our quality systems and that any questions or complaints about these terms or the Services should be submitted to us by telephone, email or post.
2.3 How we may contact you.
If we have to contact you, we will do so by email at the email address you provided to us when you registered your user account (or when you have not registered a user account, the email address in your order).
2.4 ‘Writing’ includes emails.
When we use the words ‘writing’ or ‘written’ in these terms, this includes emails. Email is the preferred method of communication between you and GUTXY.
- Acceptance of Terms
3.1 You agree to use GUTXY’s Services (excluding any Services provided by GUTXY under a separate agreement) in accordance with these terms and conditions.
3.2 These terms and conditions apply to Users resident in the United Kingdom, Ireland, Belgium, Germany, Luxembourg, Denmark, Norway, Finland, Austria, Poland, The Netherlands, Sweden and Canada. GUTXY also may offer other Services from time to time that are governed by different terms and conditions. We reserve the right to restrict access to the Services to any User at any time due to changes in applicable law or regulation.
3.3 Except as specified herein, these terms and conditions apply to any use of the Services, including but not limited to:
* submitting a stool sample for DNA extraction and processing; and/or
3.4 By using the Services, you agree to these terms and conditions. You may not use the Services if you do not accept these terms and conditions.
3.5 The terms and conditions can be accepted by: (a) by clicking accept or agree to the terms and conditions where this option is made available to you by GUTXY for any Service, and/ or (b) acknowledgment of any consent document; and/or © continuous use of the Services. In this case, you accept and agree that GUTXY will treat your continued use of the Services as implied acceptance of the terms and conditions from that point onward.
3.7 Some of the Services (both existing and new) may be subject to additional terms and/or conditions. When you first use these Services, we will bring this to your attention. The terms for such Services are subject to revision or change, like the rest of the terms and conditions. When any such changes are made, we will provide notice as described in the terms and conditions.
3.8 When using particular elements of GUTXY’s Services, you may be subject to additional guidelines or rules applicable to such Services and such guidelines or rules will be made available to you through such Service from time to time. These guidelines or rules form part of these terms and conditions.
4.1 You may not use the Services and may not accept the terms and conditions, either on behalf of yourself or those for whom you have the legal authority to accept, if:
* you cannot enter a legally enforceable contract with GUTXY (whether due to age, capacity or otherwise);
* you are not eighteen (18) years of age or other age of majority in your country of residence; or
* it is not lawful to access the Services in your current jurisdiction.
4.2 If you find purchased our testing kit (s) through a reseller, and find out when you register and accept our terms and conditions, that you are not eligible for our Testing Services, please contact the reseller to find out about their returns policy.
4.3 You may not use the Services if you are using the Services for a business or commercial purpose, or any purpose other than personal use, unless authorised in writing by GUTXY.
- Our Services
5.1 The Services include access to our Website and its personal Services, which include the collection, extraction, and analysis of your Genetic Information, based on a stool sample. Unless stated, each new feature that is added to the current Services will be subject to the terms and conditions. You accept and agree that the Services are provided ‘as is’ and without any warranty, express, implied or otherwise.
5.2 You acknowledge and agree that while we use our best endeavours to provide the Services in accordance with the latest scientific research and technology, as such research and technology evolves or the legal, regulatory and business environment changes, the nature of Services that we make available to you may change. Therefore, we may at our sole discretion, suspend or terminate access to any aspect of the Services.
5.3 You may stop using the Services at any time, however, if you will need to inform us.
5.4 GUTXY assumes no responsibility for the use of Services outside these terms and conditions or other applicable terms.
5.5 Service Language. Our Service is available in English and partly (Website) in Danish.
- How we may use your personal data
6.1 How we will use your Personal Data.
* the types of Personal Data and samples we collect from you;
* what we do with your Personal Data and samples (consumer confidentiality);
* where we store your Personal Data and samples (tissue sample location) and for how long (duration of storage); we will store your samples for one-year, we may extend this period if appropriate in accordance with our legitimate interests. You have the right at any time to withdraw your samples (see clauses 15 and 16)
* the measures we take to protect the security and confidentiality of your Personal Data, our policy on data protection, security, access, location and samples;
* how you may access the data we hold about you and the samples stored (access by law); and
* how to notify us if you no longer want us to store your Personal Data and samples.
- Important Issues Regarding Our Services
7.1 The knowledge of your Microbiome Information provided by your GUTXY results cannot be unlearned. It is important not to assume that these results will be positive, nor that advances in genetic research may subsequently yield a positive outcome regarding your Microbiome Information. Should there be advances in microbiome research, you may require further Services from GUTXY, your GP, or an alternative health care provider.
7.2 Situations may arise in which the laboratory is not able to process your sample, or the analysis of said sample may result in errors. It may not be possible to analyse your Microbiome Information due to insufficient volume of stool, or should the processing your genetic material fail to pass our standards for accuracy. Should your sample fail the initial processing for any of these reasons, GUTXY will process your sample a second time for no additional fee. In the case that the second processing of your genetic material fails, you will receive another kit for sample collection from GUTXY at no additional fee. If the processing fails again upon reception of the second sample, you (or the person who is the recipient of the kit) will not receive another sample collection kit from GUTXY. A full refund of the total amount paid to GUTXY will be offered upon request from you (or the person who is the recipient of the kit).
7.3 In the event that a refund has already been provided for the purchase of a kit, you are not permitted to submit a sample in the future. No refund will be provided to users that breach these terms and conditions by submitting a future sample for processing if the processing of this future sample is unsuccessful.
7.4 Due to the nature of sequencing technology used, it is not possible to interpret the Microbiome Information provided without errors, although these will comprise a small percentage of the results. As such errors cannot be predicted in advance, GUTXY does not offer a refund or other compensation with respect to them.
7.5 The above clauses delineate the conditions of GUTXY’s sole responsibility for situations when the processing of your Genetic Information is not possible.
7.6 The results of your Microbiome test should not be used as a basis for changing lifestyle and health behaviours. Upon receiving the results of your Microbiome test, you should consult with a GP or healthcare provider regarding the modification of lifestyle or health behaviours. Known genes constitute a small fraction of risk in the development common diseases. Such diseases are associated with more important risk indicators like lifestyle choices and environmental factors.
7.7 The lack of elevated genetic risk for a disease or condition does not confer the user protection from that disease or condition. Concomitantly, elevated risk for a disease or condition does not mean that the user will necessarily develop it. If you have questions or concerns regarding the results of your test provided by GUTXY, please contact your GP or healthcare provider.
7.8 Research into health and disease risk is ongoing. GUTXY technology is designed to analyse hundreds of thousands of data points in your Genetic Information. However, only a small fraction of these is known to influence health conditions and physical traits. Research into the genetic basis of health is progressing rapidly and GUTXY is dedicated to supporting the investigation into the human genome.
7.9 Only a portion of ethnic groups around the world have been sufficiently studied from a genetic perspective. For this reason, GUTXY can only provide information regarding genetic ethnicity arising from published studies on the topic. Therefore, it is possible that some interpretations may not be applicable to a user who is genetically descended from genetic ethnic groups that have not been sufficiently studied as of the present time.
7.10 Advances in scientific research may influence the interpretation of your Genetic Information, including the possibility that previous published studies upon which the interpretation based are discovered to be incomplete or inaccurate.
7.11 Your Microbiome Information is a matter of personal privacy. Should you choose to share it with others, it may have consequences that go against your interests. For this reason, it is important to think before sharing your Microbiome Information. Even though it is not common for businesses or insurance companies to ask for your genetic data, this may happen in the future.
7.12 Before sharing your Microbiome Information, consult a legal specialist regarding the legal protection of this information in your country.
7.13 Microbiome Information shared with a GP may be included in your medical record, which may indirectly make it available to other healthcare providers or insurance companies in the future.
7.14 Should you choose to make your Microbiome Information available to relatives, friends or employers, you accept sole responsibility in the case that this information is used against your interests. Microbiome Information will likely gain greater value as technology and the body of research on genetics grow.
7.15 The results of your GUTXY Test may include information that can affect your relatives, who may or may not want to know it. Sharing this information with them has the potential to affect the relationships you have with these people. Please consult your GP or a counsellor regarding your results and how to manage sensitive situations that may arise from discovering your Microbiome Information.
7.16 Should an insurance company require you to disclose Microbiome Information regarding health conditions and hereditary diseases, and you do not, you may be held in breach or fraud of the policy purchased.
7.17 The Services provided by GUTXY are destined for informational, research and educational purposes only. The results of any GUTXY Test do not constitute a diagnosis, nor medical advice. Please consult your GP or a genetic counsellor with any questions you may have about your Genetic Information and diagnosis, cure, treatment, mitigation or prevention of any health conditions that may be associated with your Microbiome Information.
7.18 GUTXY is not responsible for action, resources, diagnosis, treatment, mitigation or other avenues associated with your Microbiome Information. You are solely responsible for situations arising from the consultation of or use of drugs, biologics, medical devices, procedures, medical opinions and other information following the reception of your Genetic Information through the use of GUTXY Tests, online platform and other Services.
7.19 Should the use of GUTXY Services, including genetic tests, Self-Reported Information and referring scientific literature, indicate areas of concern for your health; it is for informational purposes only. Consult a GP or genetic counsellor regarding your concerns.
8.1 When accessing our Services or sending in your stool saliva sample you acknowledge that by doing so you are giving us consent to perform Testing Services for you.
8.2 By giving us consent to perform the Testing Services, you are indicating that you understand the following:
* the main characteristics of the Testing Services; The Testing Services require a sample of your stool, which is put into the sample collection kit. The sample is sent to us for analysis, and we return a report to you that contains information including microbiome diversity, microbiome data and lifestyle recommendations (which should only be followed after consultation with your GP or other healthcare professional).
* how your results will be presented; Your results will be presented in a report that will be available via a PDF, which only you can access using your password.
* that the results of the test should not be used to replace or supersede any information or interaction that you have with your GP or other healthcare practitioner;
* that you should not make any lifestyle changes or changes to your regular medication on the basis of your results without first consulting your GP or other healthcare practitioner;
* what will happen to your Personal Data and samples if the ownership of our company or our business is transferred to a third party;If ownership of our business is transferred to a third party, your Personal Data and samples are likely to be among the assets transferred to that third party. If ownership of our company is transferred to a third party, the new owner may require such Personal Data and samples to be moved to a different location. We will notify you in advance of any intended change of ownership and you will have the right to withdraw your consent to the transfer and/or continued storage of your information and samples; and
* that you will be asked for your further consent to use your anonymised results/data in further research activities after we have presented your results to you.
8.3 By giving us consent to perform the Testing Services, you will be confirming that:
* you are of the age of majority in your jurisdiction or older;
* the samples you are providing are your own and have not been obtained from any other person whether surreptitiously (in other words, without that person’s knowledge) or with that person’s knowledge or mixed with any other sample, substances or materials;
* you consent to your Personal Data and samples being collected, stored, and processed to enable us to provide you with the Services;
* if samples are damaged or compromised during storage, you consent to our reanalysing them; and
8.4 By giving us your consent to perform the test, you will not be giving us your consent to use your Personal Data and samples for any other purposes than delivering the Testing Services to you, improving our Services, and R&D. You will not be giving us consent for the use of your personal data for other purposes, or to disclose or transfer your Personal Data and samples to third parties unless permitted by applicable law. You will need to give us informed consent to indicate your consent to further use your data and samples on an anonymised basis.
8.5 You acknowledge that, the provision of a sample, the processing and accessing of your Microbiome Information, the provision of Self-Reported Information, does not give you any rights in the use of this information for research or commercial products that GUTXY or its partners may develop. You do not have the right to receive compensation for the use of the information you have provided, should it be used for research or developing commercial products.
9.6 You acknowledge that you have willingly provided these consents and accepted these terms and conditions under the laws applicable to your country of residence. GUTXY has the right to suspend or terminate your account and decline current and future Services to you, should you be held in breach of these terms and conditions. In such event, you will reimburse and indemnify GUTXY or its partners against any liability, costs, or damages incurred by GUTXY and partners for the breach of any one of these terms and conditions.
8.7 If there is anything you do not understand, you should not tick the box to indicate that you are giving us your consent and you should contact us for clarification.
8.8 If you decide that you do not wish to proceed with the testing you may end the contract (please see clause 15, 16, 17 for more details on how to end the contract and your entitlement to a refund).
- About the purchase of our Service
9.1 We only sell to certain countries.
Our Website and Apps are solely for the promotion and sale of our Services in Denmark and other EU countries.
9.2 How to purchase our Services.
You can purchase our testing kits on our Website.
9.3 How we will accept your order.
All orders are subject to acceptance by GUTXY and your acceptance of these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract of delivery will come into existence between you and us. This contract of delivery ends when we deliver the product (s) to the address you supply.
9.4 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in Writing and will not charge you for the Services.
9.5 Your order number.
Where we supply the testing kit(s), we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
9.6 Where we supply the testing kit (s), we will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
- Price and payment
10.1 This section 12 only applies in the case where you intend to purchase or have purchased a testing kit directly from GUTXY, e, g. from the Website or via the App.
10.2 Where to find the price for the Testing Services.
The price of the Testing Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Testing Services advised to you is correct. However please see clause 10.4 for what happens if we discover an error in the price of the Testing Services you order. All amounts due under these terms and conditions shall be payable in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.3 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the Testing Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Testing Services in full before the change in the rate of VAT takes effect.
10.4 What happens if we get the price wrong.
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Services provided to you.
- Delivering your order
11.1 Clauses 11.3, 11.4 and 11.5 only apply in the case where GUTXY directly handles the delivery of your order. If one of our resellers handles the delivery of your order, please refer to their terms and conditions for further detail.
11.2 Delivery costs.
The costs of delivering the testing kit to you, and those of you sending your samples to us for analysis, are included in the price of the Testing Services which will be as displayed to you on our Website. If you decide to return your kit then you are entitled to a refund of the price of the kit less the charges incurred through delivery and return of the product.
11.3 If you are not at home when the testing kit is delivered.
If no one is available at your address to take delivery and the testing kit cannot be posted through your letterbox, you will receive a notification informing you of how to re-arrange delivery or collect the testing kit from a local depot.
11.4 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract for delivery (see clause 19.2).
11.5 When you become responsible for the testing kit.
Where we supply the testing kit, it will be your responsibility from the time we deliver it to the address you gave us until we receive it back from you. This is also the moment, when our contract for delivery ends.
- Providing the Services
12.1 When we will start providing the Testing Services.
We will inform you once we have received your sample when we will begin to provide the Testing Services to you.
12.2 When the contract for Service ends.
Once we have sent the results of the Testing Services to you, the contract for Service between us ends.
12.3 We are not responsible for delays outside our control.
If our supply of the Testing Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we give notice of said delays, we are not be liable for such events. Should substantial delays arise (in excess of six weeks after receipt of the sample), you may contact us to cancel the contract and receive a refund for any Testing Services you have paid for but not received.
12.4 Reasons we may suspend the supply of the Services to you.
We may have to suspend the supply of the Services to:
* deal with technical problems or make minor technical changes to the Services;
* update the Services to reflect changes in relevant laws and regulatory requirements; or
* make changes to the Services as notified by us to you (see section 18).
12.5 Your rights if we suspend the supply of the Services.
We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract of service if we suspend, or tell you we are going to suspend, the supply of the Testing Services, for a period of more than six (6) weeks and we will refund any sums you have paid in advance for the Testing Services.
12.6 We may also suspend supply of the Services if you do not pay.
If you do not pay us for the Services when you are supposed to and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.
- Your rights to end the contract of delivery or contract of service
13.1 You can always end your contract of delivery or contract of service with us.
Your rights when you end the contract will depend on whether there is anything wrong with the Services, how we are performing and when you decide to end the contract:
* If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the testing kit replaced and/or the Testing Services re-performed or to get some or all of your money back.)
* If you want to end the contract because of something we have done or have told you we are going to do, see clause 13.2;
* In all other cases (if we are not at fault and there is no right to change your mind), see clause 13.4.
13.2 Ending the contract of delivery or contract of service because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
* we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 18.2);
* where we directly supply this testing kit, we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
* there is a risk that supply of the Services may be significantly delayed because of events outside our control;
* we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than six (6) weeks; or
* you have a legal right to end the contract because of something we have done wrong.
13.3 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
* Testing Services, once these have been completed, even if the cancellation period is still running; and
* products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
13.4 Ending the contract of service where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 13.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Testing Services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
- How to end the contract of Services with us
14.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
* Email. Email us at [email protected], including the word ‘Cancellation’ in the e-mail title. Please provide your name, home address, details of the order and, where available, your phone number and email address;
14.2 For details on returns and refunds, see section 17.
14.3 Right to be forgotten.
If you want to have your samples and data removed from our records you must contact us by e-mail at [email protected], include the words ‘Forget me’ in the e-mail title. We will then commence the process that will result in removing your samples and data from our records. You will be informed by e-mail that this process has been undertaken on your behalf.
- Our refund policy
15.1 How long do I have to change my mind?
Your right to cancel an order for your begins the day we email you to confirm we accept your order and ends fourteen (14) days after the day on which you receive your testing kit. You can also cancel your order for Services not including testing kits or other product (s) within fourteen (14) days of your order.
15.2 Am I entitled to a refund?
In some cases, we will be unable to offer you a refund for your products. These include, but are not limited to;
* More than fourteen (14) days having passed since your testing kit was delivered to you.
* We have begun analysing the samples provided in your testing kit; or
* You have broken a seal put in place for hygiene purposes, e.g. a sample tube from a testing kit.
15.3 Returning products after ending the contract where we have supplied the testing kit.
Where we have supplied the testing kit, if you end the contract for any reason after we have accepted your order, you must return these to us, even if it has been unsealed. You must post the testing kit back to us. Please email us at [email protected], include the word ‘Return’ in the e-mail title for a return label. If you are exercising your right to change your mind you must send off the testing kit within fourteen (14) days of telling us you wish to end the contract.
15.4 You must pay the costs of returning a kit to us.
Unless one of the exceptions below occurs, the testing kit delivered to the address you provided us with is your responsibility from the time that it arrives until the time we receive it back from you. If you intend to send one or more products back to us, in order to receive a refund for the price paid for those products, then you are responsible for the payment of any postal charge incurred in returning them.
15.5 When we will pay the costs of return.
We will pay the costs of return:
* if the testing kit is faulty or misdescribed; or
* if you are ending the contract because we have told you of an upcoming change to the Services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We may require you to provide evidence of your costs of return by providing copies of receipts.
15.6 How we will refund you.
We will refund you the price you paid for the Testing Services excluding your costs of return, unless one of the stipulations in clauses 15.5 (a) and (b) applies. We will make such refund using the same method you used for payment.
15.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
* Where we have supplied the testing kit, if the testing kit has been dispatched or received by you, the refund will be made within fourteen (14) days from the day on which we receive the testing kit back from you or, if earlier, the day on which you provide us with evidence that you have sent the testing kit back to us. For information about how to return the testing kit to us, see clause 15.3; or
* In all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind.
15.8 Tell us you have changed your mind.
If you have changed your mind, please let us know by doing one of the following:
* Email.Email us at [email protected], including the word ‘Refund’ in the e-mail title. Please provide your name, home address, details of the order and, where available, your phone number and email address;
15.9 In addition to your rights set out in this clause 17, you may have additional rights under applicable law
- Our rights to make changes
16.1 Minor changes to the Services.
We may change the Services:
* to reflect changes in relevant laws and regulatory requirements and
* to implement minor technical adjustments and improvements, which will not affect your use of the Services.
16.2 More significant changes to the Services.
If we make more significant changes to the Services, we will make reasonable efforts to notify you. By using GUTXY Services, you understand that changes to our terms and conditions may arise. You understand that by accepting these terms and conditions, the Service may change over time. By continuing to use this Service, you accept changes made to this Service.
16.3 Changes to these terms.
GUTXY may make changes to these terms and conditions from time to time to reflect changes in our Services, technology, commercial practice, behaviours, our business and the way Users use our Services and applicable law and regulations. When these changes are made, GUTXY will make a new copy of these terms and conditions available on its Website and Apps with reference to the affected Services. GUTXY will use reasonable efforts to notify you of any significant changes to these terms and conditions. You acknowledge and agree that if you use the Services after the date on which these terms and conditions have changed, GUTXY will treat your use as acceptance of the updated terms and conditions.
- Our rights to end the contract
We may end the contract if you break it.
We may end the contract at any time by writing to you if:
17.1 you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
17.2 you do not, within a reasonable time, allow us to deliver the testing kit to you;
17.3 you do not return your samples to us within the time limit stated in the instructions supplied with the testing kit;
17.4 you return your samples but do no not register the unique ID(s) from the product(s) within 30 days of us having received the samples. In this case, we will destroy the sample; or
17.5 you violate any of the terms found in section 23, or GUTXY suspects that you violated the terms section 23. In such case, GUTXY has the right to suspend or terminate your account and refuse future use of the Services.
- If there is a problem with the Services — Complaints
18.1 How to tell us about problems.
We take complaints very seriously. If you have any questions or complaints about the Services, please contact us. You can contact us by e-mail at [email protected], including the word ‘Complaint’ in the e-mail title.
18.2 Your obligation to return rejected products.
Where we have supplied a testing kit, if you wish to exercise your right to reject the testing kit you must post it back to us.
- Our responsibility for loss or damage suffered by you
19.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
19.2 We are not responsible to you for loss and damage caused by your breaking this contract.
We are not responsible for loss and damage caused by:
* your failure to keep your password or account details secure;
* your failure to follow the instructions supplied with the testing kit; or
* your making any lifestyle changes, changing your regular medication or taking any other action in reliance on your results without first consulting your GP or other healthcare practitioner.
19.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services.
19.4 We are not liable for business losses.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Other important terms
20.1 We may assign this agreement to someone else.
We may assign our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and to confirm what will happen to any of your Personal Data or samples in storage at the time of the assignment. If you are unhappy with the assignment you may contact us to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
20.2 You need our consent to assign your rights to someone else.
You may only assign your rights or your obligations under these terms to another person if we agree to this in writing.
20.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 If a court finds part of this contract illegal or unenforceable, the rest will continue in force.
Each clause of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
20.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
20.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms and conditions are governed and interpreted in accordance with EU law and the parties submit to the non-exclusive jurisdiction of the EU courts to bring legal proceedings with respect to these terms and conditions.
- Prohibited Conduct
21.1 You agree not to use the Services in an unlawful manner in any manner that could damage or interfere with the provision of the Services to any person. You also agree not to access information which you are not explicitly authorised to access via the Services.
21.2 In addition, you explicitly agree not to use the Services as follows:
* in an manner not permitted by these terms and conditions, any guidelines provided by GUTXY or applicable law;
* violate the Intellectual Property Rights of GUTXY or others;
* transmit, upload, download, share or post any information or content in an unlawful manner;
* send, post or share any unsolicited or unauthorized advertising, ‘spam,’ ‘junk mail,’ ‘pyramid schemes,’ ‘chain letters,’ or any other form of solicitation that is unauthorised;
* use the Services for commercial or business purposes unless explicitly authorised by GUTXY;.
* send, post or share any inaccurate, defamatory, discriminatory, obscene, shocking, hateful, threatening or otherwise inappropriate User Content or airing personal grievances or disputes;
* rent, sell, lease, loan, or trade access to the Service or related data;
* harass, abuse, harm, or interfere with the privacy of another person;
* use information gained from the Services to identify or contact other users except where using features in the Services which are designed to facilitate such contact;
* cause any harm to minors;
* transmit, upload, download, share or post anything that contains software viruses, worms, or any other harmful code or interferes with the Services;
* engage in ‘framing,’ ‘mirroring,’ or otherwise simulating the appearance or function of the Website;
* disguise the origin of content shared via the Services through manipulation of headers or identifiers or otherwise;
* engage in identity theft, impersonate any person or misrepresent your affiliation with GUTXY or any other person;
* override, or attempt to override, and security features of the Services; or
* Interfere with the operation of, or place an unreasonable load on, the Services either directly or through our suppliers or violate any applicable terms, policies or regulations applying to our suppliers;
21.3 In the event you breach this section, GUTXY has the right to suspend or terminate your account or access to the Services at its sole discretion with no further obligation to provide access to the Services to you in the future.
- Export control and applicable laws and regulations
22.1 You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules.
In addition, you agree that you will not do anything that would cause GUTXY to violate any such statute, regulation or rule.
- Waiver of proprietary and moral rights
23.1 You hereby acknowledge that as a result of providing any stool sample, having your Microbiome Information analysed, accessing your Microbiome Information, or sharing Self-Reported Information, you will not receive any compensation for research or commercial products that may be developed. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY WAIVE AND DISCLAIM ALL RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY GUTXY OR ANY THIRD PARTY USING YOUR GENETIC INFORMATION OR SELF-REPORTED INFORMATION.
23.2 You hereby waive any moral rights in the to any User Content, Genetic Information or Self-Reported Information to which you now or may at any future time be entitled under Chapter IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but without limitation) the right to be identified, the right of integrity and the right against false attribution, and agree not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such works or other materials, infringes your moral rights.
24.1 You agree that you will indemnify and hold harmless GUTXY and its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees), derived from or attributable to your violation any portion of these terms and conditions.
24.2 If you have provided GUTXY with a stool sample, you will indemnify, defend and hold harmless GUTXY, its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees) from your use of the Services or disclosure of any information obtained from the genetic analysis of your saliva and/or sample, the analysis of your Microbiome Information or some other third-party services, or results from third party add-ons that are provided in the future. Further, you also agree to indemnify GUTXY, its employees, contractors, successors, and assigns from any liability resulting from your disclosure of your Microbiome and/or Self-Reported Information to third parties.
24.3 You agree to indemnify, defend and hold harmless GUTXY and its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees), made by any third party from your User Content submitted or shared through the Service, your Service use, your Service connection, your terms and conditions violations, or any other rights violation (s).
- Resale or gifting of service
25.1 Other than pursuant to GUTXY’s limited license or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all the Services, the use of the Services or access to the Services for any commercial purposes.
25.2 GUTXY Services must be provided and purchased via an approved source. If you sell or purchase your Service without permission from GUTXY, via an unapproved third party or have received the kit as a gift, GUTXY reserve the right to decline the processing of samples and/or issuing of reports.
26.1 You may terminate your agreement with GUTXY by providing notice to us in writing.
26.2 GUTXY can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
* you breach these terms and conditions or act in a way that shows you cannot comply with the terms and conditions;
* one of our suppliers of the Services terminates its relationship with GUTXY or stops offering the Services to you;
* GUTXY no longer plans to provide Services to Users in your country of residence or where you use the Services;
* in GUTXY’s opinion, the Service is no longer commercially viable;
* GUTXY suspects that you are engaged in illegal or fraudulent activity (and also reserves the right to report such activity to law enforcement);
* GUTXY is required to do so by law.
GUTXY will not be liable to you or any third party for terminating Service use.
- Links to third party websites and content
27.1 The GUTXY Service provides, and other third parties can also provide, links to other websites and scientific resources on the Internet.
GUTXY has no control over these websites and resources. Therefore, you understand and accept GUTXY cannot be held responsible or liable for any damage or loss caused by or in connection to the use of this content that might be available through the links to such third party websites and content.
- GUTXY’s intellectual property rights
28.1 You hereby understand, agree and acknowledge that GUTXY and/or its licensors are the owner of all Intellectual Property Rights in the Services. Except as authorized by GUTXY or permitted under applicable law, you shall not modify, sell, distribute, reverse-engineer or create derivative works of our Intellectual Property rights or information found on the Services. You shall not have a right to use any software downloaded via the Services without first agreeing to the applicable end-user license agreement. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
28.2 You acknowledge that to the extent that you receive or obtain access to non-public or confidential information relating to GUTXY or any other third party as a result of accessing the Services, you cannot disclose this information without our prior consent in writing or the consent of the applicable third party.
28.4 By submitting User Content to GUTXY, you hereby grant GUTXY, and its affiliated companies, sublicensees, and successors and assigns a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, adapt, translate, modify, reproduce, publish, publicly perform, display, and distribute and User Content.
28.5 You are the owner of your Microbiome Information and Self-Reported Information. You hereby grant GUTXY, and its affiliated companies, sublicensees, and successors and assigns a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, translate, analyse, and adapt your aggregated and de-identified Genetic Information and Self-Reported Information for the purpose of providing and improving the Services.
- Disclaimer of Warranties
29.1 While the GUTXY agrees to provide the Services with reasonable skill and care, the following disclaimers apply:
* DUE TO THE NATURE OF SERVICES AVAILABLE ONLINE OR VIA TELECOMMUNICATIONS NETWORKS, GUTXY CANNOT GUARANTEE THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, WILL MEET YOUR EXPECTATIONS, OR THAT ANY COMMUNICATIONS MADE VIA THE WEBSITE OR THE APP WILL BE SECURE. THEREFORE, GUTXY CANNOT ACCEPT LIABILITY FOR ANY LOSS, DAMAGE OR INCONVENIENCE ARISING AS A CONSEQUENCE OF INABILITY TO USE OUR SERVICES, USE ANY INFORMATION ON OUR WEBSITE OR APPS, OR DATA BREACH, TO THE MAXIMUM EXTENT UNDER APPLICABLE LAW.
* WE ARE NOT RESPONSIBLE FOR CLAIMS BROUGHT BY THIRD PARTIES ARISING FROM YOUR USE OF OUR WEBSITE OR APPS OR BREACH OF THESE TERMS AND CONDITIONS.
* WE CANNOT GUARANTEE THAT OUR SERVICES ARE FREE FROM VIRUSES OR OTHER MALICIOUS CODE AND WE DO NOT ACCEPT LIABILITY IN THE EVENT THAT YOUR COMPUTER, SOFTWARE OR DATA IS DAMAGED. YOU ARE ADVISED TO BACK UP ANY OF YOUR DATA INDEPENDENTLY AND TAKE SECURITY PRECAUTIONS INCLUDING INSTALLATION OF ANTIVIRUS SOFTWARE.
* WE DO NOT HAVE AN OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SERVICES AND THEREFORE SHALL HAVE NO LIABILITY IN THE EVENT OF DAMAGES OR MISUSE OF YOUR DATA DUE TO IDENTITY THEFT.
* WHILE WE SHALL USE REASONABLE ENDEAVOURS TO REMOVE USER CONTENT THAT BREACHES OUR TERMS AND CONDITIONS WE CANNOT CONTROL USER CONTENT UPLOADED OR TAKE RESPONSIBILITY FOR THE CONDUCT OF USERS OR ANY USER CONTENT THEY UPLOAD.
* WE DO NOT ACCEPT RESPONSIBILITY FOR ANY OF YOUR ACTIONS AS A RESULT OF USING OUR SERVICES. YOU ARE REsPONSIBLE FOR TAKING CARE WHEN PROVIDING ACCESS TO YOUR PERSONAL DATA, GENETIC INFORMATION, AND SELF-REPORTED INFORMATION TO THIRD PARTIES.
* TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY AND NONINFRINGEMENT, ALL OF WHICH ARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMED BY GUTXY.
- Limitation of Liability
30.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUTXY AND ITS AFFILIATES, DIRECTORS, CONSULTANTS, AGENTS, SUB-CONTRACTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT GUTXY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND WHETHER THE SAME ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE AGGREGATE LIABILITY OF GUTXY AND ITS AFFILIATES, DIRECTORS, CONSULTANTS, AGENTS, SUB-CONTRACTORS OR EMPLOYEES FOR OR IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU (WHETHER DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAYABLE OR PAID BY YOU IN THE 12 MONTHS PRECEDING THE DATE OF THE EVENT FOR WHICH THE LIABILITY ARISES.
30.2 UNLESS DUE TO OUR NEGLIGENCE, GUTXY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM:
* YOUR FAILURE TO KEEP YOUR USER ID OR PASSWORD DETAILS CONFIDENTIAL OR SECURE;
* YOU ACTING ON INFORMATION RECEIVED USING THE SERVICES;
* THE ACTS OR OMISSIONS OF ANY THIRD PARTIES USING THE SERVICES;
* UNAUTHORISED ACCESS, LOSS, OR ALTERATION OF YOUR GENETIC INFORMATION, SELF-REPORTED INFORMATION, OR USER CONTENT;
* THE COST OF SUBSTITUTE GOODS OR SERVICES YOU HAVE PURCHASED AS A RESULT OF INFORMATION OR GOODS RECEIVED VIA OUR SERVICES.
30.3 Nothing in these terms and conditions excludes or limits in any way whatsoever the liability of GUTXY or its directors, consultants, agents, sub-contractors and employees for:
* death or personal injury caused by the negligence of GUTXY, its directors, consultants, agents, sub-contractors or employees;
* fraud or fraudulent misrepresentation; or
* any other liability that cannot be excluded or limited by law.
31.1 Notices under these terms and conditions can be made to our email at [email protected] and the last-known email address associated with your User ID. Notices by email shall be deemed to be received at the time of transmission unless the email is notified as undelivered.