These Terms and Conditions apply to the subscription to the DnaNudge genetic service (the “Service”).
The Service is provided by DnaNudge Limited, a company registered in England & Wales, with company number 09705888 whose registered address is at Level 11, The Translation And Innovation Hub, Imperial College White City Campus, London, England, W12 0BZ (collectively referred to as the “Company”, “we”, “us” or “our” in these Terms and Conditions).
These Terms and Conditions form a legally binding agreement between the Company and the individual subscribing to the Service (the “Subscriber”, also referred to in these Terms and Conditions as “you”) (“Agreement”).
From time to time during the Subscription period, we may update these Terms and Conditions to ensure that they are relevant and up-to-date reflecting changes that we may introduce to the Service and the changing requirements of the law and regulatory requirements that may be applicable to the Service. Any changes in these Terms and Conditions will be communicated to you through the Mobile App, by email and/or through other means of communication that you may provide to us.
The Service is a product recommendation service based on genetic testing of users. We provide genetic tests that enable us to analyse the user’s genetic makeup (insofar as relevant for nutritional purposes) and to provide personalised food and drink product recommendations based on each user’s genetic predispositions.
The purpose of the Service is to provide recreational, life-style recommendations about food and drink products and related information. The Service does not provide medical or dietetic advice, nor does it provide diagnostic testing or recommendations for the treatment of any health conditions.
The recommendations and information provided by the Service are based purely on an analysis of a user’s genetic test. It is important to bear in mind that non-genetic factors, including a person’s health condition, environmental factors or lifestyle or personal choices are very important to that person’s diet and that these factors should be considered independently of the recommendations provided by the Service.
It is also important to understand that genetic analysis indicates an individual’s genetic predispositions or “traits”. These traits are not “deterministic”. An individual might have a trait or condition without having any genes that are known to relate to that trait or condition. Likewise, a person’s genetic analysis might indicate the presence of certain genes that suggest certain traits, but the person might not in fact have the trait itself. For example, a person may be diabetic or suffer from a heart condition despite having no genetic predispositions towards such a disease. Likewise, the fact that a person has a genetic predisposition to develop diabetes – whilst an important factor in determining a recommended diet – does not mean that the person would necessarily develop the disease.
Food allergies and some intolerances (which are often developed as a result of environmental or life-style factors) and many other important health conditions cannot be identified through genetic testing or our DNA test.
It is important to understand, therefore, that the recommendations provided through the Service are only supplemental to other, non-genetic, information about your health condition and other factors. Remember that your genetic make-up may be a secondary consideration to other factors.
Please consult a health professional before making any changes to your diet. All information provided through the Service, including genetic test results and product recommendations are meant for information purposes only. The Service offers lifestyle suggestions – not medical advice.
The Service does not test every gene present in the genome. We test for the presence or absence of certain locations within genes, known as Single Nucleotide Polymorphisms (SNPs), which have been associated with specific metabolic or digestive traits in genetic research. The information and recommendations provided through the Service are based on current scientific research which is believed to be up-to-date and of the highest standard of quality. However, please keep in mind that there can be errors in research or its interpretation. Genetic knowledge is constantly under development. Therefore, the research on which our analysis is based, the SNPs, the genes we select to test and the information and recommendations provided through the Service may from time to time be subject to review and updating.
The genetic test is performed by extracting and analysing DNA from a sample. Each Subscriber must provide their own sample and consent for testing which will be linked to their subscription. Subscribers can use the NudgeShare feature to share the product recommendations they receive through the Service with other Subscribers (the feature does not enable sharing of genetic data).
Children under the age of 18 require the consent of their parent or legal guardian to carry out the genetic test.
It is a strict condition for the use of the Service that each Subscriber (or their parent or legal guardian) must provide express consent for the sample collection and testing. We may terminate your Subscription with immediate effect and may deny access to the Service (and to all product recommendations and other information provided through the Service) and we may irretrievably delete all records of testing results associated with your Subscription if we are notified or have reason to believe that the sample was obtained without your consent. If this occurs, you may need to re-perform the test if you wish to use the Service.
Genetic testing is carried out using a sample provided by a Subscriber. When the sample is inserted into the provided cartridge, DNA from the sample is collected and analysed using bio-chemical processes. Genetic information in coded form is obtained from the sample and sent for processing on the Company’s computer systems (residing in the cloud). A report based on the results of the test will be generated and will be available to view through the Subscriber’s account using the mobile app provided as part of the Service (“Mobile App”).
Swabs used to collect samples for the test will be destroyed once the testing is carried out in order to protect your and each Subscriber’s genetic identity and to avoid the risk of any misuse of the sample by a person not expressly authorised by you or the Subscriber.
You should seek advice of a healthcare provider if you have questions or concerns arising from the results of your DNA test.
The genetic data obtained from the sample you provide will be used solely for the purpose of delivering the Service to you. We will not disclose the information to any person for any purpose, except to the extent necessary to deliver the Service. The NudgeShare feature allows Subscribers to share product recommendations. Neither NudgeShare or NudgeMatch allow sharing of genetic data.
Whilst we will deal with your genetic data solely for the purpose of delivering the Service to you, we may aggregate data or collect data on an anonymous basis from the genetic test results of our Subscribers and use such anonymised data for research and for commercial purposes (see further below under the heading ‘Intellectual Property Rights’).
Subject to your consent, we may disclose to third parties (such as retailers) information relating to your product preferences (but not information relating to your or any Subscriber’s genetic data). This will allow those third parties to offer you enhanced services based on that information (if you choose to receive such services).
The Service enables you to scan barcodes of food and drink products using your mobile phone or capsule. Each Subscriber’s genetic data is analysed on our computer systems (in the cloud) against information in our database of ingredients used in different packaged food and drink products. A recommendation is made available to you through the Mobile App or capsule in relation to each product that you scan. The recommendation may suggest that the product is either recommended or not recommended according to the Subscriber’s genetic make-up. The Mobile App may suggest an alternative product if the data indicates that it is more suitable for the Subscriber.
Please remember that these recommendations are based purely on the Subscriber’s genetic predispositions as analysed from your DNA sample. Other non-genetic factors such as a Subscriber’s health condition and health history, personal choices and environmental factors can be at least as important as genetic factors for making informed choices regarding the consumption of food and drink. When considering product recommendations and suggested alternatives, Subscribers must ensure that the recommendations suit them in all respects. It is always your choice which products to purchase and to consume. The Service is only intended to nudge you in a certain direction, that is, to suggest which products may suit a Subscriber best insofar as his or her genetic predispositions are concerned.
Product recommendations generated by the Service are intended for use as a guide only and do not replace medical or professional dietary advice. You should consult a healthcare professional before making any changes to your diet.
We obtain information on the ingredients contained in each food or drink product from data published by manufacturers or from independent packaged food and drink product databases. We may collect this data directly from the manufacturers, from retailers or from product labels or from third parties that compile such databases and license them commercially. We take reasonable steps to ensure that the data we collect regarding product ingredients is reliable and accurate. However, errors can occur in the way such information is generated and published by manufacturers and in the way it is collated and distributed by third parties. We cannot guarantee, therefore, that the product data we use to generate recommendations based on Subscribers’ genetic predispositions will always be fully accurate and error free. You must always use your own judgment in making the ultimate decision on purchasing and consuming food and drink products.
Our product database is updated from time to time to reflect the continued developments in genetic knowledge and the scientific understanding of human genetics and to take account of changes that manufacturers occasionally make in the ingredients used in their products. Each time a product is scanned, a new recommendation will be generated based on the latest scientific knowledge and product information available to us.
Where product barcodes are not recognised by our database, the Mobile App may request that you submit an image of the product to an email address which will appear on the screen. This will help us to improve the Service.
It is important to remember that the analysis of genetic data can only identify a genetic predisposition for a particular health condition such as food intolerance. It does not serve as a diagnosis of health conditions such as food allergies, intolerances or sensitivities that a Subscriber may actually have nor does it take into account special dietary needs which may be recommended for health or other reasons and which may not be genetically driven.
As part of the Service, we may ask you if there are any ingredients that you wish to be alerted of. Where this information is collected from you, it will be taken into account when product recommendations are generated and provided to you and an alert may be issued that a scanned product contains an ingredient which was noted as being undesirable. However, it is important to understand that the information about ingredients contained in packaged products is not always fully accurate and the Service we provide may not always be able to identify that a particular ingredient to which you wish to be alerted is present in a particular product.
Some ingredients that cause allergies, intolerances or sensitivities may be present in food and drink products but not indicated by the manufacturer in the list of ingredients. For example, some products display warnings that they may contain traces of certain ingredients (such as nuts). This kind of information may not be reflected in our product database (which is based on the official list of ingredients generated by manufacturers). Further, the significance of such ingredients to the Subscriber may not be evident from the genetic data we analyse.
Prior to consumption, Subscribers must carefully check all nutritional information and warnings provided by product manufacturers and displayed on labelling and packaging of food and drink products. This is particularly critical if a Subscriber has a food allergy, intolerance or sensitivity to any particular food or ingredient or special dietary requirements.
You must be 18 years of age or older to Subscribe for the Service.
You will be required to create an account with the Service (your “Account”) in order to access the Service and use the Mobile App and/or capsule. You represent and warrant that the information you provide when opening the Account is accurate and complete and that you will promptly update your Account if any of the information changes.
You may be asked to choose names and passwords for your Account. The user name does not need to be your real name and you may use an alias if you wish. We encourage Subscribers to use passwords which are not directly linked to their personal details and are sufficiently difficult to guess. User names and passwords will be approved at our discretion. A user name may be unavailable (if it is already in use by another Subscriber) and may be rejected for other reasons (for example if it is deemed to be inappropriate, misleading or for other reasons).
User names and passwords and other log-in credentials issued for the purpose of accessing the Service and using the Mobile App and/or capsule (“Account Credentials”) are personal and must not be shared between Subscribers or with any other person. Subscribers must keep their Account Credentials confidential and secure in order to protect the data provided through the Service from unauthorised access or use. Subscribers must use all reasonable efforts to prevent unauthorised access to the Service through the Subscriber’s Account or using the Account Credentials.
In the event any Account Credentials are lost or in the event a Subscriber has reason to suspect that any person has gained unauthorised access to the Subscriber Account or Account Credentials, the Subscriber must immediately inform us so we can revoke those Account Credentials and issue replacement ones.
You can cancel your Account at any time. If you choose to cancel your Account, all personal data we hold about you in our computer systems in the cloud will be deleted from the Service and will no longer be available to you. However, we will keep certain data about you that we have already obtained up to the date of your cancellation.
Subject to your compliance with these Terms and Conditions, including the full payment for the genetic test, testing cartridge or other relevant charges that may be applicable (“Charges”), you will be entitled to access the Service through the Mobile App and/or capsule during the term of the subscription. The term of the initial subscription and the Charges payable by the Subscriber are indicated in the information provided in connection with the registration for the Service (“Purchase and Registration Details”).
Depending on how you subscribe, your subscription may be for a limited period of time or it may be unlimited in time. For example, we may offer short-term subscriptions for demonstration or promotional purposes and we may issue long-term subscriptions for the Service. This will be indicated in the Purchase and Registration Details which will also explain how subscriptions can be renewed or extended.
The Service is anticipated to evolve and develop over time. New or improved features and functionalities that may be introduced may be subject to special conditions or requirements and the availability of such new or improved features or functionalities may be limited to certain types of subscriptions. New features and functionalities may not be available as part of existing subscriptions. We reserve the right to modify the Service from time to time.
The Charges are indicated in the Purchase and Registration Details. The Charges shall be paid in accordance with the payment terms set out in the Purchase and Registration Details. Upon initial subscription or renewal of the subscription, the relevant Charges will be charged to your debit or credit card or other method of payment provided to us.
If payment of the Charges is refused by your bank, credit card provider or other payment services provider, or if for any other reason full payment of the Charges is not received by the due date of payment, the Company may, without prejudice to any other rights and remedies it may have, suspend the subscription and block the Subscriber’s access to all or part of the features of the Service pending full payment of the Charges or (at the Company’s choice) it may terminate the subscription.
You will not be entitled to a refund or discount of any amount of Charges in relation to any period of suspension of the subscription due to default or delay in the payment of the Charges.
We shall be entitled to terminate the subscription by written notice to you if you are in breach of these Terms and Conditions including in any event that you provide us with false or misleading information in connection with the Service. We may also terminate or suspend the subscription if for any legal reasons we are prevented from delivering the Service. If we do so, with no fault of yours, you may be entitled to a refund of all or some of the Charges.
The Service is provided to Subscribers for the purpose of providing information about personal genetic predispositions (for recreational or life-style personal, non-medical use) and helping Subscribers make personal choices in relation to their purchasing of food and drink products. Subscribers are permitted to access and use the Service solely for these personal, recreational purposes. The use of the Service for purposes which are inconsistent with the foregoing is not permitted.
Unless arranged and agreed in advance with us, the use of the Service for any commercial or research purposes (including in order to conduct any surveys or to scape or collect any data) is strictly prohibited.
Without limiting the generality of the foregoing, any of the following is strictly prohibited and may result in the immediate termination of the subscription without liability or refund of the Charges to the Subscriber and may be reported to relevant authorities:
In these Terms and Conditions, references to “Licensed Content” includes your DNA test report and all recommendations, data and other input provided to you through the Service including screen layouts and other artwork contained or displayed in the Service.
We will not knowingly include anything misleading or anything we believe to be untrue or misleading in the Licensed Content. However, we do not make any representation nor give any guarantee that the information contained in the Licensed Content will always be error-free, accurate or reliable.
You acknowledge and understand that the Licensed Content is provided for information only.
You are responsible to ensure that the Licensed Content is suitable for your needs and purposes and that it is used solely for purposes permitted under these Terms and Conditions.
Subject to your compliance with the terms of this Agreement, including full payment of the Charges, and subject to the restrictions and conditions in these Terms and Conditions, you will have a limited, personal, non-assignable, non-sublicensable, non-exclusive licence, during the subscription term to use the Service and to access and consult the Licensed Content through the Mobile App or other devices provided with the Service, solely for the purposes specified under the heading “Use of the Service” in these Terms and Conditions.
For the purpose of the licence granted above, the words “use the Service” are limited to your right (and the right of Subscribers) to access and view the Service and the Licensed Content through the Mobile App and to use the scanning feature on the Mobile App or any other device that may be supplied in connection with the Service, for the purpose of obtaining personal recommendations based on your genetic analysis relating to the purchase of food and drink products.
Except as expressly stated above or as permitted under sections 50A, 50B, 50BA, 50D or 296B of the Copyright, Designs and Patents Act 1988 (if applicable) as may be amended from time to time, you are not permitted to make any other use of the Service or the Licensed Content (in whole or in part). Without limiting the generality of the foregoing, you must not (in respect of all or any part of the Licensed Content):
Licensed Content is protected by trade marks, copyright, rights in database and other intellectual property rights in the United Kingdom and throughout the world owned or controlled by us and our affiliates and licensors. Any use, reproduction, distribution, communication or other exploitation of the Licensed Content or any part of it, including the creation or distribution of any derivative works, translations or adaptations, except as expressly permitted under these Terms and Conditions, are expressly prohibited and may constitute infringements of our intellectual property rights.
Access to the Service and to the Licensed Content is given to the Subscriber on the strict condition that the Subscriber will adhere to the terms, conditions and restrictions set out in these Terms and Conditions.
In these Terms and Conditions, “Service-Generated Data” refers to data collated, aggregated and analysed in the course of or in connection with the provision of the Service, including all genetic testing data and results obtained from genetic samples collected from Subscribers in the course of providing the Service; and all analysis, research, estimates, models, illustrations, summaries, approximations and statistical information created or compiled by or for the Company based on such data.
As between you and us, we are and will remain the sole owners of all intellectual property rights and exclusive access rights in all elements of the Service (including, without limitation, its hardware and software components, databases and any data collected by the Company in connection with the Service from public sources and from third parties or through its own activities, any inventions, know-how, processes, systems, models, data, artwork and any trade marks used or incorporated in the Service or displayed through the Service), in the Licensed Content and in any Service-Generated Data (collectively “Company IP”). Some elements of the Service or Licensed Content may be licensed from third parties. We are and shall remain the sole beneficiaries of such third-party licences.
Except for the licences expressly granted to you above under the heading “Content and Licensing Terms”, the Company does not grant you and you agree and acknowledge that you shall not acquire any right, title, interest or licence in or under any of the Company IP.
No licence for the use of the Company’s trade marks shall be implied from these Terms and Conditions.
We reserve the right to use, process, reproduce, communicate to the public, package, sell, license, rent or hire to any person, for any purpose whatsoever including, but not limited to, for the purpose of analysis and market research any Company IP including (without limitation) any Service-Generated Data and to generate, reproduce, communicate, license and distribute any aggregated data, analysis, research, statistics and other derivative content based on such data, provided that any such data will be anonymised and will not be published or disclosed to any person in a form that discloses a link to any identifiable living individual.
To the extent that by operation of law or otherwise you may have any intellectual property or other rights in or relating to the Company IP including (without limitation) any Service-Generated Data, you hereby grant the Company a perpetual, irrevocable, royalty-free, worldwide licence to use such Company IP including such Service-Generated Data in accordance with the foregoing paragraph.
The Service and/or your access to the Service may be suspended, disrupted or blocked in the circumstances set out below:
We warrant to you as follows:
Other than the warranties, representations and covenants expressly set out in these Terms and Conditions, the Company gives no warranty nor makes any representation in relation to the Service, the testing cartridge, the DNA report or the product recommendations generated through the Service and we expressly disclaim to the fullest extent permitted by law, and you agree to waive, any and all representations and warranties relating to the Service, the testing cartridge, the DNA report or the product recommendations that may be implied by these Terms and Conditions, by custom or by law or otherwise and which are not expressly set out in these Terms and Conditions, including any implied warranties of quality, merchantability, title or entitlement, fitness for a particular purpose, non-infringement of third party intellectual property, the ability to achieve a particular result or functionality, including any warranty or representation that service or information provided through the Service will be uninterrupted or error free, and all such implied terms or warranties are excluded.
You acknowledge and agree as set out below:
Except if we are in breach of an express warranty under these Terms and Conditions, save as provided in the last paragraph of this section, the Company shall not be liable to you or any Subscriber, either for breach of contract, misrepresentation or negligence or under any implied warranty, and you waive any claim against the Company or its affiliates, employees, officers or subcontractors relating to or arising out of:
Save as provided in the last paragraph of this section, we shall not be liable to you in connection with the Service or these Terms and Conditions either for breach of contract, misrepresentation or negligence or under any warranty (express or implied), for any indirect or consequential losses, or for punitive or exemplary damages, or for any loss of profits, interest, future business revenue, anticipated savings or business goodwill, or for any loss or corruption of data (in each case whether such loss is direct or indirect or consequential), even if we are advised in advance of the possibility of such loss.
Save as provided in the last paragraph of this section, our maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms and Conditions, either for breach of contract, misrepresentation or negligence, shall be limited to an amount equal to the Charges payable in connection with your subscription.
Notwithstanding anything to the contrary in these Terms and Conditions, nothing in these Terms and Conditions shall operate to exclude or restrict our liability for death or personal injury resulting from our negligence, our liability for fraud or fraudulent misrepresentation by us, or any liability that cannot be limited or excluded by law.
We will not be in breach of these Terms and Conditions nor shall we be liable to you for any failure or delay in delivering the Service or under any warranty where such delay or failure arises from or is attributable to matters beyond our reasonable control (“Force Majeure Event”) including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, any failure or delay on the part of a third party supplier, industrial action or strike, power cuts, electronic or communication network breakdowns, government action, regulatory requirements changes in the law or any order of a court.
If you wish to make a complaint or have other queries relating to the Service, please write to us to the following address: DnaNudge Limited, Level 11, The Translation And Innovation Hub, Imperial College White City Campus, London, England, W12 0BZ, or by email to: email@example.com.
The Mobile App, capsule and the Service are provided by the Company. They are not sponsored or approved in any way by any channel of distribution through which they are distributed or made available to Subscribers (such as the Apple App Store, the Google App Store or any retail or other third party facility where DNA tests are carried out).
In the event of a conflict between these Terms and Conditions and the terms set out in the Purchase and Registration Details, these Terms and Conditions shall prevail.
If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms and Conditions.
A person who is not a party to this Agreement shall have no rights to enforce the provisions of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
No omission or delay in exercising any of our rights, powers or privileges hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.
These Terms and Conditions constitute the entire agreement between you and us and supersede all other agreements, statements, representations, letters and other arrangements in relation to the subject matter hereof. You acknowledge that you have not relied on or been induced to subscribe to the Service or accept these Terms and Conditions by a representation other than those expressly set out in these Terms and Conditions. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.
These Terms and Conditions are governed by English law and you submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute between you and us arising out of the Service including claims on non-contractual grounds. The foregoing shall not restrict any right under mandatory law (if applicable) to bring proceedings in your own jurisdiction if you subscribe to the Service in any country other than the United Kingdom