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Terms and Conditions

AthGene ApS Terms & Conditions
THESE USER TERMS AND CONDITIONS (“THE TERMS AND CONDITIONS”) SET FORTH THE OBLIGATIONS AND CONDITIONS BETWEEN YOU (”THE USER”) AND XPLORE YOU IVS (”XPLORE YOU”) RELATING TO THE SERVICE, ATHGENE, AS DEFINED HEREIN. THE USER’S USE OF ATHGENE IS EXPRESSLY CONDITIONED UPON THE USER’S COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS. BY ORDERING ATHGENE FROM XPLORE YOU, THE USER AGREES TO THESE TERMS AND CONDITIONS. THEREFORE, PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ATHGENE. IF THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS, THE USER SHALL NOT ACCEPT THESE TERMS AND CONDITIONS AND THE USER MUST NOT ORDER OR MAKE USE OF ATHGENE.  

WHEREAS  

Xplore You is a provider of fitness and nutrition information based on genetic profiles;  

Xplore You is the owner and developer of the service AthGene used to inform the User  of his/her unique genetic setup in terms of diet, fitness and sleep, which is based on the  User’s genetics collected by a test kit provided to the User and subsequently sequenced  
in a laboratory and interpreted by Xplore You (collectively “AthGene”);  

Xplore You offers AthGene to interested parties from the websitewww.athgene.com , as well as other websites associated with AthGene (such as www.athgene.eu etc);  

The user wants  to  make  use  of  AthGene  for  the  User’s  personal  purposes  and  Xplore  
You is willing to offer AthGene to the User pursuant to these Terms and Conditions; and  

The User  and  Xplore  You  agree  that  these  Terms  and  Conditions  shall  be  effective  and  
in  force  immediately  upon  the  date  the  User  orders  AthGene  by  clicking  the  “Order button” and receiving an order confirmation from Xplore You (“the Effective Date”).
NOW THEREFORE, the User and Xplore You agree as follows:  

 

1.  Definitions  

“Anonymized and Aggregated User Data” is Genetic Information and Ongoing Fitness and Nutrional Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to diminish the possibility of exposing individual level information while still providing evidence for scientific, statistical and commercial purposes.   

“AthGene Subscription Platform” is an optional, subscription based part of AthGene under which the User will gain access to AthGene’s platform with special features. The features of the AthGene Subscription Platform may change from time to time. Any reference to AthGene in these Terms and Conditions shall, for Users subscribing to the AthGene Subscription Platform, be construed  as a reference to the AthGene Subscription Platform as well. Users subscribing to the AthGene subscription platform are bound to such a subscription for a minimum of 6 months after which time they may choose to opt out of the AthGene subscription service. For the avoidance of doubt, any users who opt in to the AthGene subscription platform are bound to such payment terms as described during the checkout process for a minimum binding period of 6 months, even if the user is extended a special offer such as having their 1 st month’s payment free.  

“AthGene Trainer Platform” is an optional, subscription based part of AthGene under which the User will gain access to AthGene’s platform for trainers with special features such as – but not limited to – to view and develop training and nutritional programs for users based on users genetic results. The features of the AthGene Trainer Platform may change from time to time. Any reference to AthGene in these Terms and Conditions shall, for Users subscribing to the AthGene Trainer Platform, be construed as a reference to the AthGene Trainer Platform as well. The trainer platform is scheduled to be released by March 2017 and may or may not be released at all. 

“Personal Information” is information that can be used to identify the User, either alone or in combination with other information. Xplore You collects and stores the following types of Personal Information:   

o ” Registration Information” is the information the User provides about yourself when ordering and purchasing Xplore You’s services (e.g. name, email, address, user ID and password, and payment information).  

o ” Genetic Information” is information regarding the User’s genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through the processing of the User’s  saliva (collected from the test kit provided to Xplore You by the User himself/herself) by  Xplore You or Xplore You’s contractors or otherwise processed by and/or contributed to  Xplore You.   

o “ Ongoing Fitness and Nutritional Information” is information that the User on an ongoing basis register on the Website at the User’s account in relation fitness routines and nutritional intake.  

o ” Web User Information” is information on how the User uses the Website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.    


” Website” means www.athgene.com as well as other websites affiliated to AthGene.

” Xplore You” means Xplore You IVS with Danish business registration number 36685077 and  registered address at Porcelænshaven 26, 2., 2000 Frederiksberg, Denmark.  

                                    

                                                                        

2. Description of AthGene 

2.1  AthGene provides the User with access to information on the User’s unique genetic  setup in terms of diet, fitness and sleep, which includes and presupposes the collection and analysis of a saliva sample from the User. 


2.2  In order to make use of AthGene, the User must obtain Internet access, either directly  or through devices that access webbased content, and pay any service fees associated with such access. The User is responsible for paying such fees and providing the equipment necessary to make the Internet connection required. 


2.3  To order AthGene and gain access to the information on the User’s unique genetic  setup, the User shall create a user account on the Website. 


2.4  The User may choose to sign up for the AthGene Subscription Platform or the AthGene Trainer Platform, under which the User will gain access to special features made  accessible by AthGene from time to time.  

2.5  The User acknowledges and agrees that AthGene is provided by using current genetic  research and technology available at the time of providing AthGene. 


2.6 As part of continuing development of AthGene, the User acknowledges and agrees that Xplore You may stop – permanently or temporarily – providing AthGene as a  whole or parts thereof at Xplore You’s sole discretion.  

3. Eligibility 

3.1 The User must not order and make use of AthGene, if: 

3.1.1  The User is not of legal age (18 years old) or 


3.1.2  The User is barred from using AthGene under the laws of the country in which the  User is residing or from which the User makes use of AthGene. 


4. Ordering AthGene  

4.1  Orders for AthGene can be placed by following the process outlined on the Website.  


4.2  By placing an order with Xplore You on the Website, the User accepts to be under  obligation to pay Xplore You for AthGene.  


4.3  All orders are subject to acceptance by Xplore You. The User will receive an order confirmation by email as acceptance, subsequent to which Xplore You will charge the  purchase amount.  


4.4  The User shall keep his/her contact details to Xplore You updated at all times.  


5. Account Creation 

5.1  The User acknowledges and agrees to provide true, accurate and updated Registration  Information about the User as prompted on the Website. Such information must be maintained updated by the User as long as the User has an account on the Website. 


5.2  If the User provides untrue, inaccurate or noncurrent information or Xplore You has  reasonable grounds for suspecting this, Xplore You may suspend or terminate the User’s account and refuse any and all current or future use of AthGene. 


5.3  As part of the purchase of AthGene, the User shall create an account on the Website  with username and password to use AthGene and access the information provided to  the User through AthGene. 


5.4  The User is responsible for maintaining the confidentiality of the account and password. The User is further solely responsible for all activities that occur under the User’s account and password. If the User allows 3rd parties to access AthGene through the User’s username and password, the User shall reimburse Xplore You and its affiliates against any liability, costs or damages, including reasonable attorney fees, arising  out of claims by such 3rd parties based upon or relating to such access and use. 
 

5.5  The User shall notify Xplore You of any unauthorized use of the User’s account or any  other breach of security. The User shall also ensure to exit from the User’s account at the end of each session of use. 


5.6  Xplore You shall not be liable for any loss or damage arising from the User’s failure to  comply with this Section 5. 


6. Payment 

6.1  The purchase price of the AthGene service as well as the subscription fee for the AthGene Subscription Platform and the AthGene Trainer Platform is as quoted from time  to time on the Website. 


6.2  The purchase price includes delivery costs for standard deliveries only within Denmark. If the User wishes express delivery or delivery outside of Denmark, the costs for such delivery will be added to the purchase price. The express delivery charge from time to time shall be as quoted on the Website. 


6.3  Xplore You accepts payment with the payment methods listed on the Website. 


6.4  The User shall pay the purchase price for the AthGene service and any applicable delivery charges in advance. The subscription fees for the AthGene Subscription Platform and the AthGene Trainer Platform will become due on the 1st of each month and automatically be charged on the credit card provided by the User or via via bank transfer if the user purchased AthGene using an invoicing service. 

6.5  If the User has any dispute regarding amounts charged by and paid to Xplore You, the  User shall within 10 days inform Xplore You hereof and provide Xplore You with all information regarding the disputed payment, which is necessary for Xplore You to handle the dispute. 


6.6  By placing an order via the Website, the User is confirming that the payment details  provided on the User’s order are valid and correct. 


7. Tracking of Order 

7.1  Via the User’s account on the Website, the User can follow the ongoing status of the  User’s order from the point in time the User creates his/her account until the User receives the results. 


7.2  Xplore You will make reasonable effort to ensure that the User’s saliva sample and the  results of such analyzed sample are delivered within the estimated timescales. However, Xplore You does not guarantee that the delivery will not be affected by unforeseen issues. 


8. Cancellation 

8.1 The User can cancel the purchase of the AthGene service up to 14 days after receiving the order confirmation from Xplore You. Cancellation shall be made in accordance with Xplore You’s Refunds Policy found on the Website. 

9. Failed Processing of Saliva Sample 

9.1  Xplore You may not be able to process the User’s sample, if the saliva collected does  not contain a sufficient volume of DNA, the User does not provide enough saliva, or  the results from processing do not meet the standards applicable for accuracy. If the processing fails for any of these reasons, Xplore You will reprocess the same sample at no charge to the User. If the reprocessing fails as well, Xplore You will send another kit to the User to collect a 2nd saliva sample at no charge. If the processing of the 2nd sample is unsuccessful, the User is entitled to a complete refund of the amount paid to Xplore You.  

9.2  Notwithstanding section 8.1, the User is not entitled to receive a 2nd sample or refund,  if the reason for the failed processing of the User’s sample is the User’s incorrect use  of the saliva sample according to the saliva sample instructions provided to the User.  In such case, the failed processing is caused by the User, and the User will not receive  a 2nd sample or refund. 


10. Disclaimer 

10.1  ATHGENE IS SOLELY FOR INFORMATIONAL USE AND ATHGENE DOES NOT IN ANY WAY PROVIDE 
MEDICAL ADVICE OR SIMILAR ADVICE OR RECOMMENDATION TO THE USER. 


10.2  ATHGENE IS NOT INTENDED TO BE USED BY THE USER FOR ANY DIAGNOSTIC PURPOSE AND IS NOT  A SUBSTITUTE FOR ANY PROFESSIONAL MEDICAL OR HEALTH RELATED ADVICE. THE USER SHALL, THUS, ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER HEALTHCARE PROVIDER WITH ANY  QUESTIONS REGARDING DIAGNOSIS, CURE, TREATMENT, MITIGATION, OR PREVENTION OF ANY  DISEASE OR OTHER MEDICAL CONDITION OR IMPAIRMENT OR THE STATUS OF HEALTH. 


10.3  XPLORE YOU DOES NOT ENDORSE, PROMISE OR GUARANTEE THE EFFECTIVENESS OF ANY ADVICE  PROVIDED THROUGH THE USE OF ATHGENE, ANY SPECIFIC COURSE OF ACTION, RESOURCES,  TESTS, PHYSICIAN OR OTHER HEALTHCARE PROVIDERS, MEDICINAL PRODUCTS, MEDICAL DEVICES  OR OTHER PRODUCTS, PROCEDURES OR OPINIONS.   


10.4 THE USER ACKNOWLEDGES AND ACCEPTS THAT THE INFORMATION AND SERVICES PROVIDED TO THE USER IS NOT NECESSARILY CONSTRUED AS POSITIVE BY THE USER HIMSELF/HERSELF.   


10.5 XPLORE YOU DOES NOT TAKE RESPONSIBILITY FOR MONITORING OR CONTROLLING THE INFORMATION, WHICH THE USER REGISTER THROUGH ATHGENE ON THE WEBSITE. 


10.6  ALTHOUGH XPLORE YOU STRIVES TO PROVIDE ATHGENE USING A COMMERCIALLY REASONABLE  SKILL AND CARE, XPLORE YOU DOES NOT GUARANTEE THE FOLLOWING: 


10.6.1 THAT ATHGENE WILL MEET THE USER’S REQUIREMENTS, BE ACCURATE, RELIABLE, ERROR-FREE OR AVAILABLE, WHEN THE USER WANTS TO ACCESS ATHGENE; AND 

10.6.2 THAT ATHGENE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND, IN THIS REGARD,  XPLORE YOU WILL NOT BE RESPONSIBLE TO THE USER FOR ANY DAMAGES ARISING FROM ANY  SUCH VIRUSES OR HARMFUL COMPONENTS. 

 

 

11. Xplore You’s Use of the User’s Data 

11.1  The User permits Xplore You, its contractors, successors and/or assignees to collect,  process and store the User’s Personal Information, with the purpose of providing the  User with the services ordered and complying with these Terms and Conditions. 


11.2  The User further acknowledges and accepts that Xplore You, its contractors, successors and/or assignees collect, process, store and share Aggregated and Anonymized  User Data, which may include the User’s Personal Information in an aggregated and  anonymized form. Xplore You’s collection, processing and storing of Aggregated and  Anonymized User Data is for scientific, statistical and commercial purposes. 


11.3  For the purposes above, the User acknowledges and agrees that any saliva samples of  the User and all resulting data of such sample may be transferred and/or processed by  Xplore You or Xplore You’s contractors outside the country in which the User resides. 


11.4  Adequate security measures for securing the User’s Personal Information in accordance with applicable data protection law is put in place by Xplore You. 


11.5  Xplore You’s processing of the User’s data will be in accordance with Xplore You’s  Privacy Policy on the Website and applicable laws. 


11.6  The User acknowledges and accepts that by providing any saliva sample and having  Personal Information processed the User acquire no direct or indirect rights in any research or commercial products that may be developed by Xplore You or Xplore You’s  contracting parties. In this regard, the User acknowledges and accepts that the User will not receive compensation for any research or commercial products that include or  result from the User’s Personal Information. 


12. Rights and Obligations of the User  

12.1  The User is granted a limited right to copy and use the information based on results of  the analyzed Genetic Information and Ongoing Fitness and Nutritional Information  provided to the User under AthGene. 


12.2  The following conditions apply to the limited license in section 12.1: 


12.2.1  The User acknowledges and accepts that information provided to the User is protected by copright and/or other interllectual property rights owned by Xplore You and/or  licensors that provide such information to Xplore You; 


12.2.2  The User may only copy and use the information for non-commercial purposes; 


12.2.3  The information must only be copied and used with no changes and always with a 
reference to Xplore You; and 


12.2.4  The User agrees that he/she has no right to offer anyone else any further right with respect to the information received. 


12.3  The User shall not make use of AthGene in an unlawful way or otherwise prohibited  way by these Terms and Conditions. 


12.4  The User accepts that any right, title and interest in and to AthGene and any amendments and/or improvements to AthGene, together with its object codes, interfaces,  other documentation, derivative works, data, trademarks or other related intellectual  property rights and materials, are and shall at all times remain the sole and exclusive  property of Xplore You. Hence, the User must not, directly or indirectly, attempt or allow any 3rd party to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse engineer, disassemble, download, transmit or distribute any part of AthGene in any form or media or by any means. Any violation hereof is punishable according to the relevant law. 


13. Indemnifications 

13.1 The User agrees to defend and hold Xplore You, its subsidiaries, affiliates, officers,  agents, contractors, partners, employees, successors and assignees, harmless from  any claim or demand, including reasonable attorney fees, made by any 3rd party due  to or arising out of the User’s willful or grossly negligent misconduct in relation to the  use of AthGene or violation of these Terms and Conditions or applicable law. 

14. Limitation of Liability 

14.1  To  the  maximum  extent  permitted  by  applicable  law,  Xplore  You  shall  in  no  event  be  liable  for  any  special,  incidental,  indirect,  consequential,  punitive,  exemplary  or  damages whatsoever, including – but not limited to – personal injury, damages for loss of  profits,  business  interruption,  loss  of  information  or  any  other  pecuniary  loss,  arising  out of the use or inability to use AthGene. This limitation also applies to any claim arising out of product liability. 


14.2  In  any  event,  under  no  circumstances  shall  Xplore  You  be  liable  for  any  loss,  costs,  expenses or damages to the User in an amount exceeding the amount actually paid to  Xplore You by the User for the use of AthGene. 


14.3  Except  where  expressly  stated  otherwise  in  these  Terms  and  Conditions,  AthGene  is  provided “as is”, and Xplore You disclaims any and all other warranties, express or implied, elsewhere to the maximum extent permitted by applicable laws. 


15. Termination  

15.1  These Terms and Conditions will continue to apply until terminated by either the User 
or Xplore You as set out in this section. 


15.2  If the User wishes to terminate the agreement with Xplore You regarding AthGene  and/or the subscription of the AthGene Subscription Platform or the AthGene Trainer  Platform, the User may do so by notifying Xplore You at any time in writing, which will  entail the closing of the User’s account and termination of all services provided by  Xplore You. The User’s notice shall be sent in writing to Xplore You’s address. 


15.3 Xplore You may at any time by notice terminate its agreement with the User, if 

15.3.1  The User has breached any provision of the Terms and Conditions (or acted in a manner showing that the User does not intend to or are unable to comply with the provisions of the Terms and Conditions) and have failed to remedy such breach within 15  days of notice from Xplore You; 


15.3.2  Xplore You is required to do so by law; 


15.3.3  Xplore You is no longer providing AthGene to users in the country or state in which the 
User resides; 


15.3.4  The provision of AthGene is, in Xplore You’s opinion, no longer commercially viable to  Xplore You, 


15.4 The User acknowledges and accepts that Xplore You shall not be liable to the User or  any 3rd party for any termination of the User’s access to AthGene. 

16. Choice of Law and Venue 

16.1  These  Terms  and  Conditions  shall  be  governed  by  and  construed  in  accordance  with 
the laws of the Kingdom of Denmark and disregarding its rules on choice of law. 


16.2  Any  action  under  or  concerning  these  Terms  and  Conditions  shall  be  brought  exclusively before the Danish courts. 


17. Notices 

17.1 Notices to the User may be made either by email or regular mail. Xplore You may also provide notices of changes to these Terms and Conditions or other matters by diplaying notices or links to notices to the User generally on or via AthGene. 


17.2  Offical  notices  related  to  these  Terms  and  Conditions  shall  be  sent  by  regular  mail  or  email  to  Xplore  You  at:  Porcelænshaven  26,  2.,  2000  Frederiksberg,  Denmark,or  in- fo@athgene.com. 


17.3  Any  notices  provided  without  compliance  with  this  Section  18  shall  have  no  legal  effect. 


18. Miscellaneous 

18.1 With respect to the User’s use of AthGene, these Terms and Conditions supersede any and  all  prior  or  current  understandings  or  agreements  whether  written  or  oral.  No amendment  or  modification  of  these  Terms  and  Conditions  will  be  binding  unless  agreed  to  in  writing  signed  by  the  User  and  duly  representatives  of  Xplore  You  and  such writing makes specific reference to these Terms and Conditions and its intention  as an amendment hereto. 

18.2  Notwithstanding  Section  18.1,  a  User,  who  has  chosen  to  sign  up  for  the  AthGene  Trainer Platform, shall simultaneously with the acceptance of these Terms and Conditions enter into a separate agreement with Xplore You, known as the Memorandum of  Understanding. The Memorandum of Understanding and these Terms and Conditions shall be equally binding upon such User. In case of disagreement between the Terms and Conditions and the Memorandum of Understanding, the Memorandum of Understanding shall prevail. 


18.3  The following  sections  shall  survive  any  termination  of  these  Terms  and  Conditions:  Section 9 Failed Processing of Saliva Sample, Section 10 Disclaimer, Seciton 11 Xplore  You’s Use of the User’s Data, Section 12 Rights and Obligations of the User, Section 13  Indemnifications,  Section  14  Limitation  of  Liability  and  Section  16  Choice  of  Law  and  Venue. 


BY TICKING THE “I AGREE”BOX BELOW, THE USER ACCEPTS TO HAVE READ THESE TERMS AND  CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF THE USER DOES  NOT AGREE TO THE TERMS AND CONDITIONS, THE USER MUST NOT USE ATHGENE, AND SHALL  EXIT NOW BY CLICKING ON “I DO NOT AGREE”.