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Prenetics EMEA Limited, (formerly trading as DNAfit Life Sciences Limited) with company registration No. 08834823 and registered office at Unit 2 Orpington Business Park, Faraday Way, Orpington, Kent, England, BR5 3AA together with Prenetics Group Companies. Prenetics is a UK subsidiary of the Prenetics Group, Hong Kong https://prenetics.com/
Prenetics is a Digital Preventative Health Technology Company, combining lab diagnostics and digital technology platforms to make cutting edge scientific information available.
To use any Prenetics Service, you must agree to these Terms of Service ("TOS"). This is a legal contract that affects your rights and obligations. You should read this because any use of the Service signifies your acceptance of these Terms of Service.
“Biological Sample” – Saliva or Blood Sample returned to our laboratory for analysis to provide your Service to you.
“Biomarker Information” - a naturally occurring molecule, gene, or characteristic by which a particular physiological process can be identified.
“Blood Sample” – blood taken from our User and returned to the laboratory for analysis of Biomarker Information.
"Consent Document" - means a specific document dedicated to obtaining the express, written and voluntary consent from a User to Process their Information.
“Prenetics Research” – IRB (Institutional Review Board) approved scientific research that Prenetics is involved with. The intent of this research is to understand the common associations between genetics and environment for research purposes. Prenetics Research only uses genetic data and information reported by the Users who have been issued with a separate Research Consent Document to share their information. Prenetics will only use this research on a de-identified basis.
"Genetic Information" – means Personal Information relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question.
"Information" - means any data received by Prenetics from Users for Purposes of providing the Services or making Our Site available, and includes Personal Information, Genetic Information, Biomarker Information and Sensitive Personal Information.
"Our Site" - means the website that Prenetics owns, located at https://www.dnafit.com/.
"Personal Information" - means any data about a Data Subject that can be used to identify the Data Subject, whether directly or indirectly, and includes data such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and as further defined in Applicable Law.
"R&D" - scientific research and development based on the data obtained from our Users. These activities include, among others, the improvement of services, offering new services and products, and performing data analysis activities that can lead to include enhanced commercialisation with a third party.
"Registration Information" – details captured when registering for our services and/or purchasing a product for an account to be set up with personal login credentials and will be used to provide you with your chosen services. You will be asked to provide details such as name, contact details and DOB to facilitate service delivery, communicate with you and perform identity verification during inbound and outbound contact.
"Self-Reported Information" – any details shared with us by the User. It may include Personal Information, medical conditions, sports-related information, ethnicity, family history, and other information that you enter in surveys, forms or features while entering Our Site. Self-Reported Information is used in Prenetics Research where consent has been given.
"Services" - Products, services and website (including graphics, text, images and other information displayed on Our Site), DNA testing, reporting and follow up consultations with our expert teams.
"User" - means you, the person making use of Our Site and/or the Services and whose Information we Process as a result;
"User Content" - all other information provided by Users not including Genetic or Biomarker Information and Self-Reported Information. This information is distributed publicly or privately, to or through Prenetics.
Your use of Prenetics Services is subject to the terms defined in these TOS. These TOS apply to any use of Prenetics Services, including:
To use Prenetics’s Services, you must first agree to the TOS. You cannot use the Services if you do not accept the TOS. The TOS can be accepted by:
Direct-to-consumer Users who provide a Biological Sample, Genetic Information or Biomarker Information must be (a) at least 18 years of age regardless of permission from parents or guardians, and (b) lawfully able to use the Service under the laws where you reside.
The Services include access to Our Site and its personal DNA and blood testing services, which include the collection, extraction, and analysis of your Genetic or Biomarker Information, based on a Biological Sample or the electronic transmission of your Genetic or Biomarker Information from other sources at your direction. Unless stated, each new feature that is added to the current Services will be subject to the TOS. You accept and agree that the Services are provided “as is” at that point in time and are based on the current state of genetic research and technology used by Prenetics when using the Services.
Scientific research is always changing, and genetic technology is always evolving; therefore, Prenetics is always innovating to provide the best information to its Users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that Prenetics might stop (permanently or temporarily) providing some Services (or features within the Services) to its Users without prior notice.
You can stop using the Services at any time. You do not need to inform Prenetics when you stop using the Services unless you request us to delete your Personal Information. By asking us to delete your data, we will close your account and terminate access to your online account. If account closure is initiated by us for any reason, then we will provide 30 (thirty) calendar days’ notice to you and may suspend access to your online account. During this time, we will continue to accept Information access requests until the closure date as notified to you. Prenetics does not have any responsibility for the use of the Services outside the TOS terms or any other terms that apply.
To make use of the Services, you must have Internet access, directly or through devices that have access to web content, and you must pay any outside service fees associated with this access. You must also provide all the equipment necessary to connect to the Internet, which includes a computer and a modem or another access device. You agree that while Prenetics does not have a set upper limit on the number of transmissions you send or receive through the Services, or the amount of storage space used for providing any Service, this fixed upper limit may be set by Prenetics at any time at its sole discretion.
For users outside the UK, when entering Our Site you may be directed to our international Prenetics or partner website. If you are not automatically redirected, you may click on the country at the top of the website and you will find a list of countries where the Prenetics service is available. The relevant services within that country will be offered and by using those services, you will agree to any alternative or additional terms and policies that may apply.
Samples must be returned to us within 6 months from the original order date. Samples received after this time will not be processed.
Blood Samples must be returned within 5 days of the test being performed otherwise the results may not be accurate due to the deterioration of the sample quality. Important note: please follow the instructions within the kit carefully as samples may not be analysed if (a) the test has clearly not been performed as per the instructions, (b) the sample has not been packaged for return as directed, (c) they are not sent directly to the nominated lab using the freepost envelope provided. Any samples received anywhere other than the lab will be securely disposed of. Under any of these circumstances you will be charged for a replacement kit.
For kits that require online activation, samples received at the returns centre without activation will be held for a maximum of 3 months before being securely destroyed. It is therefore important that instructions within the kit are followed carefully to avoid results being delayed. Under these circumstances, refunds will not be issued for destroyed samples after the 3-month retention period but will offer a free retest.
By accessing Prenetics Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOS in any manner, Prenetics has the right to terminate your account and refuse the future use of Prenetics Services and you will indemnify and hold harmless Prenetics and its affiliates against any liability or damages that may arise in case these contracts are broken.
In return for your use of Prenetics’s Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current. If you provide information that is inaccurate or not current, or if Prenetics suspects that your Registration Information is inaccurate and not current, Prenetics has the right to terminate or suspend your account and refuse any current or future use of the Service.
You are responsible for maintaining the confidentiality of your login credentials for your account, and you are responsible for all the activities that happen under your password and account. If you allow others to access Our Site through your account and password, you will indemnify Prenetics and its affiliates against any liability or costs arising from claims by other people based on the access and use of your account.
You can access personal details through your account profile, set your browser settings to determine how we track your web behaviour, opt out of direct marketing and R&D and choose when to share information on public forums, discussion boards and social media.
You agree to: (a) immediately notify Prenetics of any use of your password or account that has not been authorized; and (b) exit from your account after each session. Prenetics EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
Prenetics personnel can and may monitor the use of its systems and can keep copies of such monitoring.
You acknowledge that all the User Content, publicly shown or privately communicated, is the responsibility of the author or poster of the particular User Content. This means that Prenetics is not responsible for any of the User Content posted, emailed, or uploaded through Our Site or Service.
You acknowledge that the content from the Services available to you, whether it is original content from Prenetics’s Services or sponsored Services content, is protected by copyright and intellectual property rights owned by Prenetics and/or the sponsors who provide the content (or other people or companies on their behalf). Prenetics does not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the Services content unless you have been told you can do so by Prenetics or by the content owners in a separate written contract or agreement.
You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Service.
Additionally, you specifically agree to not use the Services to:
You acknowledge and accept that you are responsible for (and that Prenetics has no responsibility to you or someone else for) any violation of your obligations under the TOS and for the consequences that the violations might have, including any damage that Prenetics might suffer. In case of any agreement violation, Prenetics has the right to suspend or terminate your account and refuse any future Service use and you will indemnify Prenetics and its affiliates against any costs or damages that might arise from the violations.
If you violate any of the terms found on this Section, or Prenetics suspects that you violated the terms on this Section, Prenetics has the right to suspend or terminate your account and refuse future use of the Services.
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 Prenetics to violate any such statute, regulation or rule.
Prenetics will not control any of the User Content that is posted through the Service and Prenetics does not guarantee the accuracy or quality of the any User Content or other outside content not provided by Prenetics. You acknowledge that using the Services may expose you to offensive and indecent content. Under no circumstance can Prenetics be held responsible for any outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the Service.
You understand that Prenetics has the right, but not the obligation, to review, modify, pre-screen or refuse any content that is available through the Services. Prenetics and its designees have the right to remove any content that is violating the TOS at Prenetics’s sole discretion. You agree to evaluate and understand all the risks associated with content use, including accuracy or usefulness of the content.
You agree to defend and hold harmless Prenetics and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any claims, including attorney’s fees, made by any third party from the User Content submitted or shared through the Service, your Service use, your Service connection, your TOS violations, or any other rights violation(s).
If you have provided Prenetics with a Biological Sample or you have provided your Genetic and/or Biomarker Information through any third-party genetic testing service, you will indemnify Prenetics, its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the analysis of your sample, the analysis of your Genetic and/or Biomarker Information or some other third-party genetic or blood testing service, or results from third party add-ons that are provided in the future.
You further agree that you will indemnify and hold harmless Prenetics and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these TOS.
Additionally, if you want to provide your Genetic and/or Self-Reported Information to third parties, you agree to indemnify Prenetics, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your Genetic and/or Self-Reported Information.
Other than pursuant to Limited License as described earlier 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.
DNA Test Products: Products must be provided and purchased via an approved source. If you sell or purchase your Service without permission from Prenetics, via an unapproved third party or have received the kit as a gift, Prenetics reserve the right to decline the processing of Saliva Samples and/or issuing of reports.
Tests purchased by an unapproved source will be ineligible for processing and Prenetics will not be responsible for any costs incurred or be liable for any disputes relating to pricing, payment, transactions or delivery and will not issue any refunds or replacements under any circumstances.
Users that attempt to sell or gift the Service may have their agreement with us terminated without notice and will not be entitled to any refund.
You understand that Prenetics may establish practices and limits concerning Service uses, such as the maximum number of days that Personal Information and Services content are retained by the Service, the maximum disk space allowed on Prenetics’s Services respecting your account, and the maximum number of times you can access the Services in each period. You understand and accept that Prenetics has no responsibility or liability for the deletion of messages or content maintained or shared by the Services; or for the loss of Genetic and/or Biomarker Information because of the malfunction of data servers or other events. You also should understand that Prenetics has the right to change these practices and limits at its own discretion.
Prenetics has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept that (a) modifications can result in a computational delay from some of Prenetics features or Services, and (b) Prenetics cannot be liable to you or any third party for any modification or discontinuation of the Services.
You understand that Prenetics may offer different or additional software or features to analyse your Genetic or Biomarker Information in the future and that your initial purchase does not necessarily allow you to obtain additional technologies or features to analyse your Genetic or Biomarker Information without an additional fee. You may have to pay additional fees to have your Genetic or Biomarker Information collected and analysed using additional technologies or features.
Prenetics in constantly conducting research for the purpose of the best outcomes relating to your Prenetics test with the current science and aligned to our code of conduct and scientific inclusion protocol. You accept that Prenetics has the right to update its genetic testing panel with latest science which might significantly change your results. We will notify you of these changes.
Prenetics reserve the right to alter or change its pricing, either temporarily or permanently, for the purpose of promotions or other business requirements.
The TOS will apply until Prenetics or you terminate your obligations as described in this Section.
If you wish to terminate your legal agreement with Prenetics, you can do so by providing a written notice to Prenetics, as well as closing your accounts from all the Services that were provided to you. Your notice should be written and sent to Prenetics’s address, which is stated at the beginning of the TOS, or online through Customer Care. If you send the notice online, Prenetics will send you an email to confirm this notice and it will be effective after receiving a second email confirmation from you.
Prenetics can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
Any suspected illegal activity can be grounds for terminating your Service use and can be referred to the appropriate law enforcement authorities. You understand that Prenetics will not be liable to you or any third party for terminating Service use.
A termination of the TOS or a User account will not affect any existing obligations of the User to Prenetics, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
Your correspondence or business dealings through promotions, vendors, resellers and other resources found on the Prenetics Service – including payment and shipping of goods and services and any other terms and conditions associated with such dealings – are exclusively between you and the such providers. You agree that Prenetics cannot be held responsible or liable for any loss or damage resulted from these dealings or as a result of this information provided on the Services.
The Prenetics Service provides, and other third parties can also provide, links to other websites and scientific resources on the Internet. Prenetics has no control over these websites and resources. Therefore, you understand and accept Prenetics 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 hyperlinks.
You understand and agree that Prenetics owns all the legal rights and interests to the Services, including intellectual property rights (including patents) that subsist in the Services. You also understand that the Services can contain information deemed as confidential by Prenetics and you cannot disclose this information without Prenetics’s permission and written consent.
Additionally, you agree that the Services, and any other software used for the Services, contain information that is both confidential and proprietary and is protected by intellectual property laws. You also acknowledge that the information provided to you through our Services is protected by copyrights, trademarks, patents and other proprietary laws.
Except as authorized by Prenetics, you accept to not modify, sell, distribute, or create derivative works of any information found on the Services. All the Software that can be downloaded through the Services is copyrighted. Your Software use is governed by the terms of the license agreement, which is included with the Software ("License Agreement"). You shall not try to install or use any Software that has a License Agreement without first agreeing to the License Agreement terms.
Prenetics Technologies Inc., Prenetics, and other Prenetics logos, products and service names are Prenetics trademarks and these trademarks along with any other Prenetics trade names, logos and brand features are “Prenetics Marks.” Unless you have agreed otherwise by written consent with Prenetics, other than through the Limited License as described earlier nothing in the TOS gives you the right to use Prenetics Marks and you should agree not to display or use in any way the Prenetics Marks.
You accept that you cannot and will not remove, obscure or alter any proprietary rights notices including copyright and trademark notices that might be contained within the Services.
Unless you have been authorized through writing by Prenetics, you agree not to use any trademarks, trade names or logos of any company or organization through the Services in a way that is intended to cause confusion about such marks, names and logos.
For any Software that does not have a License Agreement, Prenetics grants you a personal, non-transferable right and license to use the code of its Software on one computer. You cannot allow a third party to copy, modify, or create a derivative work through reverse engineering, or attempt to discover any code or transfer any right in the Software unless it is permitted by law or unless you have been given written permission by Prenetics.
This license is allowed solely for allowing you to use and enjoy the Services provided by Prenetics as allowed by the TOS. Unless Prenetics has given you specific written permission, you cannot assign your rights to use the Software, grant a security interest over the Software or transfer any part of your rights to use the Software. You agree not to modify the Software in any way or form or use modified versions of the Software, including for obtaining prohibited access to the Service. You agree not to access the Service through other means except through the interface provided by Prenetics. Any rights that are not granted here are reserved.
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT Prenetics SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF Prenetics HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:
Notices can be provided to you through email or regular mail. Prenetics might also give notices of changes to its TOS or other matters by sending notices or links to notices to you or through the Services. Official notices relating to this TOS must be sent to:
Unit 2 Orpington Business Park,
Faraday Way, Orpington,
In addition, Prenetics accepts service of process at this address. Any notices that you provide without compliance with what is seen in this section will have no legal effect.
Prenetics can make changes to the TOS from time to time. When these changes are made, Prenetics will make a new TOS copy that will be available on Our Site. Any updated terms will be available from or through the Services.
You understand and accept that if you use the Service after the date the TOS was changed, Prenetics will treat your use as an agreement of the updated TOS.
If you violate any of the TOS terms and/or Prenetics has suspicions that you violated the terms of these TOS, Prenetics has the right to suspend or terminate your account and refuse future or current use of the Services.