Terms & Conditions
By using www.originalgene.com (the “Website”) you agree to be bound to these Terms and Conditions (the “TAC”), which shall take effect upon your first access of the Website. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website. The TAC constitutes a legal agreement for the acquisition and use of our Products and Services between you and ORG SERVICES LIMITED, a company registered under the laws of England, having its registered office at 15 Hanover Square, 6th Floor, London, W1S 1HS, United Kingdom .
THE WEBSITE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND ITS CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY ORIGINALGENE OR THIRD PARTIES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF ORIGINALGENE, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
“Agreement” means these TAC.
"Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to ensure the highest possible degree of certainty that no individual can be identified based on that data, while still providing scientific evidence.
“Customer” or “you” means the person, company, or other entity that orders a Product at the Website.
“DNA Sample” means saliva sample for the purposes of DNA testing.
“Force Majeure Event” means any act, event or occurrence outside of OriginalGene’s control, including, without limitation, any strike, riot or civil commotion, terrorism, war, act of God, accident, fire, flood, storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions, lock-outs which prevents OriginalGene from performing its obligations hereunder.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“Genetic Information” is information regarding the genotype (e.g. the As, Ts, Cs, and Gs at particular locations in the genome), generated through the processing of the Sample Provider’s saliva by OriginalGene or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to OriginalGene.
“OriginalGene” or “we”, “us” or “our” refers to ORG SERVICES LIMITED, a company incorporated in England with registered number is 10911838, whose principal place of business is at 1st floor Romer House, 132 Lewisham High Street, London, SE13 6EE, United Kingdom, with the address of registration at 15 Hanover Square, 6th Floor, London, W1S 1HS, United Kingdom.
“Personal Information” or “Personal Data” means “personal data” as defined in Article 4 of GDPR.
“Product” or “Products” means any and all OriginalGene's products, testing kits, analysis, software, accounts, Services and Website (including but not limited to text, images, graphics, and other material and information) accessed by the user.
“Registration Information” means the Personal Data you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
“Results” means that results of your DNA Sample analysis.
“Sample Provider“ means the person providing the DNA Sample. This person may be the Customer or a third party. If different to the Customer, the Sample Provider is also required to comply with these Terms and Conditions.
“Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your OriginalGene account.
“Service” shall mean human DNA testing and without limitation related services including the results thereof, and any other services that OriginalGene may provide to you from time to time.
"Website" means www.originalgene.com.
2. Acceptance of Terms
Access and use of OriginalGene Products and Services is subject to the terms of the legal agreement between you and OriginalGene set forth in these Terms and Conditions. These Terms and Conditions apply to any use of the Products, including but not limited to:
(a) creating and using a OriginalGene account;
(b) submitting a DNA Sample for DNA extraction and processing;
(c) receipt of testing Results of your Genetic Information;
(d) downloading a digital version of your Results.
In order to access and use the Products you must first agree to these Terms and Conditions. OriginalGene reserves the right to revise or supplement these TAC. The continued use of this Website following the posting of any revision or changes to these TAC constitutes acceptance of those changes.
You must be at least 18 years old to purchase or activate any of our Products. To protect your privacy when you share your DNA with us, each adult who submits a DNA Sample for a DNA test must complete a DNA data submission form at our Website to enable us and the laboratories we cooperate with to process the DNA Sample and produce the Results. In addition, depending on the country where the person providing the DNA Sample is located, such person may also be required to explicitly consent to the processing of sensitive personal information when they activate their DNA kit. A parent or legal guardian may activate a DNA test, provide us Personal Information, and send us the saliva sample of their minor child for processing using an account for that child that is directly managed by the parent or legal guardian. By activating a DNA test for, or submitting any Personal Information about a minor you represent that you are the minor's parent or legal guardian. You also agree that you have discussed the DNA test with the minor and the minor has agreed to the collection and processing of their saliva.
While our Products and Services are intended for adults, if you are between the ages of 13 and 18, you may use our Products and Services with your parent's or guardian's express written permission. Such permission, properly notarized, must be delivered to us by email to the email address specified in the information bundle that we enclose to the DNA sampling kits we ship ([email protected]
). Children under the age of 13 are not permitted to use any Products and Services.
We do not knowingly seek or collect any Personal Information directly from children under the age of 13. If OriginalGene becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take all efforts to delete such data from our system.
IF YOU ARE SUBMITTING THIS ON BEHALF OF A MINOR YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL GUARDIAN FOR THAT MINOR CHILD AND AUTHORIZED TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF. You agree to indemnify, defend, and hold harmless OriginalGene against all costs, claims, expenses and any loss or damage that we may suffer as a result of you providing us with DNA Samples of third parties which have not been legally obtained.
You can place orders for the Products of OriginalGene by following the process outlined on our Website. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order. The OriginalGene order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. All orders are subject to acceptance by OriginalGene. The Agreement between you and us will only deemed to have been confirmed and accepted by us when we send you an email to confirm acceptance of your payment for our Products and Services. OriginalGene will charge your chosen payment method after we accept and confirm your order. If you reassess your order, you can cancel your order in accordance with our Refunds Policy. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order.
5. Payment and Refunds
The price of the Products will be as quoted on our Website. The price of the Products may change from time to time, but changes will not affect any accepted orders. OriginalGene accepts payments only with the payment methods listed on our Website. You must pay for the Products in advance. By submitting an order through our Website, you are confirming that the payment details provided on your order are correct and valid.
You can cancel purchased Services and/or Products and request a refund in the following instances:
(i) You may request a refund for any Products or Services within 3 days after completing the order for the same, and provided that, as applicable: (i) the Service has not yet provided to you as at the date of receipt by us of your refund request; (ii) the Product you have purchased (such as DNA sampling kit) has not yet been shipped to you. In this case, the full amount you have paid will be refunded back within 20 days after the submission of the request.
(ii) If a Product you have purchased has been shipped to you, you can request a refund if you have not yet opened or tampered with the Product (except in cases specified in paragraph (c) below). In such a case, you must ship the Product back to us at your own cost, in a pre-paid envelope and submit a refund request to us via our Website by filling a refund request form or by post to the following address: 1st floor Romer House, 132 Lewisham High Street, London, SE13 6EE, United Kingdom. The Product must be shipped to us to our address details of which are enclosed to any Product package that we sell. The purchase price of the Product (but not any shipping costs that you may have incurred) shall be refunded to you within 20 days after receipt by us of the Product from you.
(iii) Faulty or damaged Products received. Any Products supplied by us and found to be faulty or damaged will, at our sole discretion, either be replaced free of charge or refunded in full. Any Product damaged when delivered must be notified to us within 3 days of delivery. It is your obligation to send to us high resolution photographs of any faulty Product, showing the identified faults and/or damages. All such photos must be sent to the following email address: [email protected] A replacement Product shall be shipped to or, if so elect, a refund shall be made to you, within 20 days of us receiving the photographs of the faulty Product. For the avoidance of doubt, we reserve the right to request such additional photographs of the faulty Product as may reasonably require to establish the fault, and you shall supply us with such photographs promptly upon our request.
If a delivery of the Product you have purchased is delayed for more than 30 days after the projected delivery date given to you by OriginalGene, except where such a delay is caused by a major disruption in transport and delivery networks caused by force majeure events outside of our control, you have right to terminate the Agreement by written notice to us and request a full refund of the purchase price paid for the Product.
6. Timeframe and Delivery
OriginalGene shall use its best efforts to render the Services and to deliver Products within the estimated time frames. When you order a product from our Website, your DNA Sample collection kit would normally arrive within 5 working days, subject to any limitations that may be imposed by third party carriers.
You will have 10 (ten) days from the date of receipt of your product to use your kit. If you didn’t use your kit within 10 days of receipt, you will not be able to ship the Product to the laboratory due to the expiration of the pre-paid Product labels. In that case, you must contact us before you use it for us to re-issue the relevant Product labels. Once your DNA Sample was sent to the laboratory, the processing time can take up to 7 weeks. You will receive an email when your report is ready.
OriginalGene shall, as soon as reasonably possible, notify its customers if any circumstances arise, which hinder or delay the performance of the delivery of the Products. The execution time shall be extended accordingly upon the occurrence of any such circumstances. While OriginalGene will use all reasonable endeavors to meet any time estimation, it reserves the right to amend such estimation if it is absolutely necessary due to unforeseeable situations. If the delivery is prolonged for more than thirty days beyond the original delivery date provided by OriginalGene then the Customer has the right to terminate the Agreement and receive a full refund. Details of relevant export regulations apply to the export of goods.
7. Use of Personal Information
If an account is registered or a Product order placed by you, OriginalGene will process Registration Data, such as name, address, email address and phone number of the Customer. This Registration Data will be used by OriginalGene for the purposes of performance of its obligations under the Agreement, maintaining contact with the Customer, performing market research, and informing the Customer of similar products and/or services by OriginalGene or of our latest products and/or services that we believe they might find of interest.
The Customer will have the option to opt out of receiving further information and have all personal details removed from OriginalGene databases. All our marketing or news communications contain an opt-out link. Your Registration Data shall not be passed to third parties without your prior consent unless there is a legal obligation or judicial order.
The Genetic Data, as contained in the DNA Sample you provide to OriginalGene, is considered sensitive Personal Information under the GDPR. By providing a DNA Sample to OriginalGene, the Sample Provider agrees to give their explicit consent to OriginalGene to process your sensitive Personal Information in accordance with these Terms and Conditions, which may include research and development activities such as performing data analysis studies in association with your Self-Reported Data. As part of this process, wherever it is possible, Genetic Data and Self-Reported Data will be processed in an anonymized and encrypted fashion with related Registration Data removed and results combined.
Your DNA Sample kit will contain instructions for electronically accessing a consent form at our Website which we require the Sample Providers to complete and submit to us under GDPR in order to complete the DNA testing. Should you wish us to proceed with the DNA testing, you (or the relevant Sample Provider) should complete and submit the aforesaid form online at our Website. If we receive your DNA Sample without the submitted consent form, we will not be able to provide DNA testing Services to you (or the relevant Sample Provider, as the case may be) and will be required to erase the Sample Provider’s sensitive data from our databases. We shall not be liable for any losses caused to you as a result of our inability to provide the Services for lack of processing consent.
You may withdraw you processing consent granted to us under this Clause 7 at any time by contacting us via our contact details provided at our Website.
8. Customer Account
Some services on our Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the service. You shall not impersonate any other person or entity or misrepresent your identity or affiliation with any person or entity. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if OriginalGene has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OriginalGene has the right to suspend or terminate your account and refuse any and all current or future use of our Products. As part of your Website account setup with OriginalGene, you will create a username and password. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your username and password. If you allow third parties to access OriginalGene Website through your username and password, you will defend and indemnify OriginalGene and its affiliates against any liability, costs, or damages arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify OriginalGene of any unauthorized use of your username or password or any other breach of security and ensure that you properly log off from your account at the end of each session. OriginalGene cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
9. Data Protection
10. Customer Warranties
By accessing OriginalGene Products and services, you agree to, acknowledge, represent and warrant the each and every of the following:
(i) You give permission to OriginalGene to perform genotyping Services on the DNA extracted from your DNA Sample and to disclose the results of analyses performed on your DNA to you and to others you specifically authorize in writing.
(ii) You confirm that you are eighteen (18) years of age or older if you are providing a sample.
(iii) You are guaranteeing that any sample you provide is your own. If the DNA sample is provided by a Sample Provider who is not the Customer, the Customer warrants that the Sample Provider has acknowledged and agreed to the Terms and Conditions. You shall indemnify and hold us harmless for any damages, losses, costs or claims (including reasonable legal fees) that we may incur as a result of any third party Sample Provider bringing any claims against us related to our Services except where such claims are the result of our fraud, gross negligence or willful default.
(iv) If you are a Customer outside of the USA providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside. You take full responsibility for any possible consequences resulting from your sharing access to your Results with others.
(vi) You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations.
In case of breach by you of any one of these representations or where we believe that any of the above representations is untrue or misleading, OriginalGene has the right to terminate the Agreement with immediate effect and refuse any and all current or future use of the Products and Services (or any part thereof) and you will defend and indemnify OriginalGene and its affiliates against any liability, costs or damages arising out of breach of the representation.
11. OriginalGene Intellectual Property Rights
We assert all our intellectual property rights, including but not limited to copyright, databases and know-how, in our Website and Products, logos, services names, OriginalGene trademarks and brand names, service marks, logos, domain names and other distinctive brand features (collectively, “OriginalGene Marks”).
Unless agreed otherwise in writing by OriginalGene or as expressly allowed under this Agreement, nothing in these Terms and Conditions gives you a right to use any OriginalGene Marks and you agree not to display or use in any manner, the OriginalGene Marks. The Customer agrees that they shall not remove, obscure or alter any proprietary rights notices that may be affixed to or contained within the Products. The Customer expressly guarantees that all instructions and directions pertaining to the use of the Website and/or the Products will be followed and that the Website and/or the Products will not be used in any way that could damage OriginalGene and/or third parties.
12. Use of Content
All domains and copyright in the Website and associated Products is owned by OriginalGene. The domains, logos, functions and the contents of all the sites (including but not limited to information, artwork, text, animations, video, audio, pictures and media files) are protected by copyright and trademark legislation. We may change or delete content at any time, in any way, for any or no reason. You may access and use the Product content for personal and non-commercial purposes only.
You may not modify, reproduce, republish, post, transmit, distribute or use any of the Website or Product content for any other purpose without OriginalGene express written consent. Where consent is granted, you agree to:
(i) Use the content as it appears on the OriginalGene Website or Product with no changes including but not limited to refraining from presenting selections which might tend to misrepresent the substance of the Product content;
(ii) include the following attribution on the first page of any materials you distribute: © OriginalGene Ltd 2016. All rights reserved;
(iii) not to offer anyone else any further right with respect to this Website or Product content;
(iv) refrain from using the Product content in a manner that suggests an association with any of our Products, services or brands.
Without express written consent from us, any business, high-volume or automated use of our Website or Products is prohibited.
The prices published by OriginalGene on the Website or through other channels apply to the Agreement and to the various Products offered on or through the Website, unless parties have agreed otherwise. OriginalGene is entitled to change these prices and/or offer promotional discounts from time to time. Changes will apply to any new Agreements made after any price is adjusted on the Website. All prices cited by OriginalGene are listed in US dollars (USD) inclusive of VAT except where stated otherwise. Delivery charges covering the shipment of the Product to you, and the shipment of the DNA Samples to our partner laboratories (but not, for the avoidance of doubt, the costs of return shipment of Products to us for the purposes of the refund) are included in the prices quoted. The amount the Customer owes to OriginalGene for the Products or Services purchased will be settled in advance through a safe online payments system, unless otherwise agreed in writing. The Customer is obliged to provide OriginalGene with all information necessary to process payment correct and in full. For the avoidance of doubt, any order for Product or Services shall only be considered as properly placed after all necessary information concerning the payment authorization has been received by OriginalGene.
14. Promo Codes
Occasionally, OriginalGene may, in its sole discretion, offer discount codes, offer codes or other promotional codes to customers through a variety of marketing activities and communications (collectively, “promo codes”). These promo codes are redeemable towards a purchase on the Website, subject to such product exclusions or any other restrictions as may be determined and communicated by OriginalGene at its sole discretion. Only valid promo codes provided or promoted by OriginalGene will be honored. Codes that are supplied or promoted by third parties without OriginalGene’s authorization will not be considered valid. Promo codes may not be combined and customers are limited to the use of a single promo code per order. OriginalGene is not responsible for lost, stolen or any unauthorized use of codes. Promo codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any promo code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each promo code.
For the avoidance of doubt, you agree that OriginalGene does not have a price match policy. We will not price match any Products bought on a regular price in the event of any promotional campaigns offering lower prices that we may run subsequently.
15. Limitation of Liability
OriginalGene will not be liable for any delays in delivery and/or non-delivery of the Services and Products due to any Force Majeure Event, action by any government entity, electronic malfunctions of hardware or communication systems or any other condition beyond OriginalGene’s control affecting production or delivery in any manner.
Customer is solely responsible for the accuracy and content of all Customer Self Reported Information and Registration Information and any information or material provided by Customer to OriginalGene. OriginalGene will not be liable for any errors in content or omissions, other than errors caused by OriginalGene gross negligence or willful misconduct. OriginalGene makes no guarantees, representations, or warranties, express or implied: (a) as to the level of service or Product, sales or purchases or other health benefit resulting from the Services or Products provided under these TAC or the Agreement; (b) that such Services or Products will meet any or all of Customer’s requirements or that they will be suitable for the purposes for which they acquired; or (c) that OriginalGene performance of such Services and provision of the Products will be uninterrupted or error-free.
THE PRODUCTS AND SERVICES PROVIDED UNDER THESE TAC OR AGREEMENT ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THESE TAC OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, OriginalGene HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OriginalGene LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION.
OriginalGene SHALL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE TO THE CUSTOMER OR SAMPLE PROVIDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, FOR ANY LOSS OF PROFIT, OR ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF OR DAMAGE TO DATA OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE) ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT.
OUR AGGREGATE TOTAL LIABILITY TO THE CUSTOMER OR SAMPLE PROVIDER IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT (INCLUDING THESE TAC), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE TOTAL SUM OF THE CONSIDERATION RECEIVED BY OriginalGene FROM THE CUSTOMER OR SAMPLE PROVIDER UNDER THESE TAC OR ANY AGREEMENT. THE TERMS IMPLIED BY SECTIONS 3 TO 5 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982 AND SECTIONS 13 TO 15 OF SALE OF GOODS ACT 1979 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THESE TAC OR ANY AGREEMENT. THIS CLAUSE 15 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
OriginalGene may terminate this Agreement or any other agreement between the parties for convenience and without any penalty at any time.
OriginalGene may at any time terminate this for cause Agreement by giving you notice to that effect, if:
Consequences of Termination:
(i) he Customer has breached any provision of these Terms and Conditions or any other agreement between the parties;
(ii) the Customer is in default of payment;
(iii) OriginalGene is required to do so by law;
(iv) a third party partner with whom OriginalGene offered the Products to you has terminated its relationship with OriginalGene or ceased to offer its services; or
(v) OriginalGene is no longer able to provide the Products to users in the country in which you reside.
In the event of termination by OriginalGene of these TAC or any other agreement in accordance with this Clause 16, OriginalGene will not be liable for any costs or damages incurred by the Customer as a result of such termination.
Payments paid in advance for services or Products not yet received by Customer or processed by OriginalGene before Termination will only be refunded to Customer in the event the termination by OriginalGene for convenience or under paragraphs (iii), (iv) or (v) above.
In the event of termination of these TAC by OriginalGene due to breach by Customer of these TAC or any other agreement between the parties or any fraudulent activity by Customer, OriginalGene will be entitled to setoff losses or liquidated damages of (calculated by OriginalGene, acting reasonably) OriginalGene as a result of Customer actions as aforementioned from such funds.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Products or Services may also be referred to appropriate law enforcement authorities without derogating from any remedy to which OriginalGene is entitled to under these TAC or any applicable laws.
This Agreement and TAC are to the benefit of the parties only, the Customer and the Sample Provider acknowledge and agree that OriginalGene will not be liable to any third party whatsoever.
Furthermore, OriginalGene will not be liable to the Customer for any termination of Customer’s access to the Products or Services, if such is due to: (i) violation by Customer of any terms of these TAC or any Agreement; or (ii) breach by Customer of any laws; or (iii) harmful use by Customer of the Products and Services; or (iv) Customer interference with other users of the Website; or (v) any fraudulent activity by the Customer.
Clauses 10.3, 11, 12, 15 and 25 shall survive termination of this Agreement.
17. Unsolicited Submissions
Any non-personal material, information or other communication (the “Information”) you post, email or transmit to OriginalGene will be considered non-confidential and non-proprietary. By sending this Information to OriginalGene you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to copy, disclose, distribute, incorporate into other material and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. If you submit Information to OriginalGene that we subsequently use, you will hereby indemnify OriginalGene against all damages, losses and costs that OriginalGene suffers or makes as a result of claims by third parties that the use and/or exploitation of the Information violates the intellectual property rights of third parties or is otherwise wrongful to a third party.
OriginalGene is entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of this Agreement or any other agreement between you and us without consent of the Customer. The Customer is not entitled to assign, novate or transfer to any third party any or all of its rights and obligations under these TAC or any other agreement between the partoes without prior written consent of OriginalGene.
19. Third Party Rights
It is not the parties’ intent to confer any rights on any third parties by virtue of these Terms and Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
20. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under any contract for purchase of the Products or Services to the extent that such failure or delay is caused by a Force Majeure Event.
THE OriginalGene PRODUCT RANGE IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL USE ONLY AND IS NOT INTENDED TO BE USED FOR MEDICAL ADVICE OR DIAGNOSIS OR TREATMENT. WE DO NOT PROVIDE MEDICAL ADVICE AND CANNOT GUARANTEE A PARTICULAR OUTCOME AS A RESULT OF YOU TAKING ANY ACTION BASED ON YOUR TESTING RESULTS. ALTHOUGH WE TAKE A STRONG EVIDENCE-BASED APPROACH, THE INFORMATION WE PROVIDE IS BASED ON A SMALL SUBSET OF GENETIC MARKERS AND AS A RESULT IS ONLY ONE PART OF A MUCH LARGER PICTURE. THERE MAY BE ADDITIONAL GENES, UNKNOWN GENETIC INTERACTIONS, ENVIRONMENTAL FACTORS, OR LIFESTYLE CHOICES THAT ARE MORE IMPORTANT PREDICTORS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR PHYSICAL OR MENTAL HEALTH AND WELLNESS. BEFORE MAKING ANY CHANGES TO YOUR LIFESTYLE, DIET OR EXERCISE ROUTINES YOU MUST FIRST CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. PLEASE BE ADVISED THAT YOU ARE SOLELY RESPONSIBLE FOR THE WAY INFORMATION IN YOUR OriginalGene REPORT IS INTERPRETED AND ACTED UPON AND IF YOU TAKE ANY ACTIONS BASED ON THE REPORT, YOU DO SO AT YOUR OWN RISK. IN NO WAY WILL OriginalGene OR ANY PERSONS ASSOCIATED WITH OriginalGene BE HELD RESPONSIBLE FOR ANY INJURIES OR DAMAGES THAT MAY OCCUR DUE TO THE USE BY YOU OR ANY THIRD PARTY OF THE INFORMATION PROVIDED BY OriginalGene. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR THE RELEVANT EMERGENCY SERVICES IMMEDIATELY. IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, APPLICATION OR USAGE OF DIETARY SUPPLEMENTS, MEDICATION, PREPARATION OR OTHER PRODUCT OR SERVICE BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH OUR WEBSITE. RELIANCE ON ANY INFORMATION APPEARING ON OUR WEBSITE OR OTHER CHANNELS INCLUDING BUT NOT RESTRICTED TO SOCIAL MEDIA IS STRICTLY AT YOUR OWN RISK. SITES MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS. GIVEN THE INTERACTIVE NATURE OF OUR WEBSITE AND OTHER CHANNELS, WE CANNOT ENDORSE, GUARANTEE, OR BE RESPONSIBLE FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT GENERATED BY OUR USERS. SITE CONTENT IS INTENDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. SUCH CONTENT IS NOT INTENDED TO, AND DOES NOT, CONSTITUTE LEGAL, PROFESSIONAL, MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. WE SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED ON OUR WEBSITE AS IT IS FOR GENERAL GUIDANCE ONLY. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE WEBSITE WITHOUT NOTICE. THE WEBSITE MAY CONTAIN LINKS TO EXTERNAL INTERNET PAGES. OriginalGene HAS NOT REVIEWED ALL THESE SITES AND THEY ARE NOT UNDER OUR CONTROL. OriginalGene IS NOT LIABLE FOR THE USE OR THE CONTENT OF THESE EXTERNAL SITES OR FOR THE CONTENT OF ANY THIRD PARTY SITE WHICH LINKS TO US. NEITHER OriginalGene, OR ITS SUCCESSORS, EMPLOYEES, PARTNERS, SUPPLIERS, AGENTS AND REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE OriginalGene WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF, OR INABILITY TO USE, THE OriginalGene WEBSITE AND PRODUCTS. OriginalGene EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, CONDITIONS, TERMS AND UNDERTAKINGS, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALINGS OR OTHERWISE IN RESPECT OF THE GOODS AND SERVICES PROVIDED BY OriginalGene. NOTHING IN THIS CLAUSE SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
22. Governing Law and Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Massachusetts, United States of America. The courts of Massachusetts shall have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with this Agreement.
If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. Parties will replace the invalid parts with the terms and conditions that are valid, and which, in view of the content and intent of these Terms and Conditions, conform to the legal effects of the invalid part as closely as possible.
Notices to you may be made via either email, regular mail, phone or through your OriginalGene Customer Account. Official notices related to our Terms and Conditions must be sent to us at: ORG SERVICES LIMITED, Address of operation: 1st floor Romer House, 132 Lewisham High Street, London, SE13 6EE, United Kingdom. Address of registration: 15 Hanover Square, 6th Floor, London, W1S 1HS, United Kingdom . Business address: 15 Hanover Square, 6th Floor, London, W1S 1HS, United Kingdom .