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By visiting our website(s), application(s) and/or purchasing our product(s), or by engaging in our Services, you agree to be bound by these Terms and conditions (“Terms”). Except as specified herein, these Terms apply to all users of the Services, including but not limited to;
Users of ELXR Mobile Application,
[Only where applicable for Users of ELXR® DNA Kit],
Please read these Terms carefully before accessing or using our website(s) and/or application(s). You will be required to agree to our Terms for using our Services. You will not be able to use our Services if you do not accept the Terms. You are deemed to have accepted the Terms by 1) clicking the ACCEPT or AGREE button(s) which are required to proceed, where this option is made available, or by 2) using the Services. In addition, when using any area(s) of the Services, you are subject to any guidelines or rules applicable to such services that may be disclosed, requested or posted by us. All such guidelines or rules are hereby incorporated by reference into the Terms. We may also offer other services from time to time that are governed by different written terms of service.
1.1. “ELXR®” is the official registered entity name and trademark of ELXR Pte Ltd, whose principal place of business is located at 15 Beach Road, Beach Centre, 2nd Floor, Singapore 189677.
1.2 “Service” or “Services” can be defined as any one or more of ELXR®’s products, mobile applications, any proprietary or licensed software and website used by the user, regardless of its use in connection with a product purchase or personal account setup.
1.3 “R&D” refers to research and development activities conducted by ELXR Pte Ltd, or Superfit Pte Ltd, a registered company in Singapore and a business partner of ELXR® Pte Ltd.
2.1. By providing us with Genetic Information, IOT Device or Reported Information belonging to you or that of your minor dependent (including saliva sample(s)) or using our Service(s), you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to use or allow any of your minor dependents to use this site and/or the Service(s). You agree that you may not use our Service(s) for any illegal or unauthorized purposes nor may you, in the use of our Services, violate any laws in your jurisdiction, including but not limited to copyright law.
2.2 Any misrepresentation of yourself that is deemed to be in violation of section 3.1 above may, in our sole discretion, result in the express cancellation of all Services offered by us. Under such circumstances, ELXR® reserves the right to cancel and terminate all purchases and Services at any given time without prior notice and no refund will be owed to you.
2.3 In accordance with applicable law, you may be subjected to certain vetting methods in connection with your use of the Services, including a verification of identity and criminal background checks. You hereby give your consent for us to perform such verification and background checks in the manner and frequency as we deem reasonably necessary so long as such is performed in compliance with applicable law. Furthermore, any illegal activities will render your privacy protections invalid and we will submit to the relevant authorities such information required by them for compliance with applicable law.
[Only where applicable for Users of ELXR® DNA Kit] The Services will allow you to access our website(s) and application(s) and/or personal genotyping services, such as the collection and analysis of your saliva sample. You further understand that the Services are provided “AS-IS” at the current state of the art of genetic research and technology, at the time when your use of our Service(s). You also acknowledge and agree that our Services are not designed to provide you with any diagnostic testing to identify or rule out a specific genetic or chromosomal condition behind any genetic disorder, or with any forensic testing such as determination of parentage. Moreover, you agree that the nature of the Services may change from time to time without prior notice.
As part of ELXR®’s technological innovation in providing better Services to Customers, including but not limited to system, security, content upgrades and maintenance, you acknowledge and agree that Services may stop (temporarily or permanently) at our sole discretion and without prior notice. You may also choose to stop using the Services at any time without informing us in advance unless you request closure and termination of your account. Under no circumstances will ELXR® or its affiliates, directors, officers or employees assume any responsibility for the use of Services outside these Terms or other applicable terms.
In order to use the Services, you understand that the Services are as offered through the internet and its associated platforms. It will be your responsibility to obtain internet access, either directly or through devices that access web-based content. These internet fees will be your sole responsibility. Moreover, you must provide all equipment necessary to make internet connection, such as a computer and modem or other access devices. You are solely responsible for providing such equipment and ELXR® will not be responsible for the same.
You acknowledge and agree that ELXR® reserves the right to set such fixed upper limits on the storage volume or number of transmissions you may send or receive through the Services, and these upper limits may be changed by us at any time, at our sole discretion. In instances when a surge of access to our internet site occurs or we must shut down any or all access(es), you shall be provided reasonable prior notice that you may not be able to access your Genetic Information or receive Services for a given time.
3.2. Possible Risks and Considerations [Only where applicable for Users of ELXR® DNA Kit]
In particular, Genetic Information and its disclosure may result in beneficial or discriminatory actions or reactions in general. For example, disclosing your Genetic Information may result in partial disclosure of your family and relatives whom may share similar genetic traits. Although very few businesses, employers or insurance companies request Genetic Information, information that is made public by you could influence you in ways that are not predictable. To understand the legal implications that you may incur based on public disclosure, we advise you to consult with a legal representative in your country. In addition, depending on your resident country, Genetic Information in which you choose to share with your physician or other healthcare providers may become a part of your medical record and may be accessible to other healthcare providers and/or insurance companies in the future. Genetic Information shared with your family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, the information could have greater meaning in the future as new discoveries are released. The Customer agrees to indemnify ELXR® against all claims, disputes, or damages incurred by the Customer’s voluntary sharing of Genetic Information.
When you access our Services, it means that you agree to, acknowledge and represent as follows:
You agree that you have the right to provide these representations under the laws of local, state or country’s jurisdiction in which you reside. If you violate any one of these representations, we have the right to suspend or close your account. We may reject your current or future use of our Services (or any portion thereof) at our sole discretion.
When you use our Services, you agree to 1) provide accurate, correct, complete and current Registration Information in using our Service; and 2) ensure the Registration information will be updated in order to provide accurate, correct, complete and current information. If any Registration information that is found to be inaccurate, incorrect or incomplete, we have the right to suspend or close your account and we may reject current or future use of the Service (or any portion thereof) at our sole discretion.
You are fully responsible for maintaining your password and account security. If you give permission to third parties to access our website(s) and/or application(s) through your username and password, any liability, costs, or damages shall be at your sole risk and responsibility. You agree to 1) immediately notify us of any unauthorized use of your password or account or any other breach of security; and 2) ensure that you sign out of your account at the end of each session. ELXR® cannot and will not take any responsibility regarding any damage or loss caused by failure to comply with this Section.
When you use our Services, you MUST agree to our Privacy Statement. If you do not agree to our Privacy Statement, you may not purchase or use our Services. You are deemed to acknowledge and agree to the Privacy Statement by 1) clicking to ACCEPT or AGREE button to our Privacy Statement, where this option is made available to you when you set up an account; 2) when you use the Services.
You should understand and agree that your use of our Services may be monitored by us at any time, and it may be documented. Our Privacy Statement describes what types of information we collect and how we use them through your use of our Services, website(s) and/or applications.
You acknowledge that all User Content that you post or transmit, whether publicly or privately, is the sole responsibility of the person who provided such User Content. In other words, you, but not ELXR®, are entirely responsible for all User Content that you post, email, or otherwise transmit via the Service.
You understand that our Services and our content are protected by ELXR®’s copyright and/or other intellectual property rights and/or licensors, sponsors who provided the content to us which we provide to you as part of our Services. In using our contents, you shall not edit or alter any of its contents without our written permission and in any event, you shall not make any edits or alterations which may result in misinterpretation or representation of the original information.
You shall not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content, either in whole or in part, unless you have been specifically authorized by us in writing.
You warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions or notices, as part of conditions that you use our Services. We consider as violation of our Terms, if you use the Services to impair, disable, damage, or overburden our Services or interfere when other Customers’ enjoyment or use of our Services. We consider as unlawful use when other materials and information obtained or attempted are used which are not made available or provided through the Services.
Furthermore, we consider unlawful and prohibited activities when our Services are used to;
Furthermore, you agree NOT to reverse engineer, disassemble, alter, decompile, sell, resell, duplicate, create derivative works from, reproduce, publish, distribute, display, license, perform, publish, reproduce, duplicate, copy, modify, exploit, transmit, or transfer our Services for any commercial purposes. In the event of any violations in this section, we shall, at our sole discretion, suspend or close your account and reject the use of our Services by you. We will seek reasonable damages and compensation and recover all costs relating to the legal proceedings from you as assessed by our legal representatives. Finally, you may not authorize or assist any third party to do any of the things described in this section.
As we recognize the global nature of the Internet, you acknowledge and agree to comply with all local rules regarding online conduct and acceptable content. Especially, you warrant and/or agree that;
10.1 User Content
We claim no rights over ownership of your User Content, such as comments, feedback and other submissions, unless explicitly specified. However, you agree to grant us a perpetual, irrevocable, royalty-free licence to reproduce, modify, translate, publish, distribute, edit, display or create any derivative works with your User Content, and to offer the User Content to other companies, affiliates or individuals. You understand that we may transmit your User Content publicly through various networks and media and to modify the same due to technical requirements such as connecting networks, devices, media or services.
10.2 Genetic and/or Self-Reported Information [Only applicable for Users of ELXR® DNA Kit]
We will not disclose your Genetic and/or Self-Reported Information to third parties unless it is for Research use and when we are required to do so under applicable law. Saliva sample that you provide, will not be returned to you when it is processed and analyzed, nor do we offer any financial reward for being in possession of your saliva sample and/or Genetic Information.
10.3 Waiver of Property Rights
Further to the above, we have no obligations to compensate or offer financial benefits by conducting research and developing commercial products with the data provided by you including Genetic Information and Self-Reported Information.
You agree to indemnify, defend and hold harmless ELXR® and our subsidiaries, affiliates, partners, employees, officers, agents, contractors, partners, licensors, service providers, subcontractors, suppliers, interns and successors, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you choose to offer your saliva sample or use a IOT Device, you agree to defend and hold harmless us, our employees, contractors, successors and assigns from any liability arising out of the use or disclosure of any information obtained from the use and the disclosure of information obtained from processing and analyzing your saliva sample consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. Furthermore, you shall defend and hold harmless us, our employees, contractors, successors and assignees in case you offer your Genetic and/or Self-Reported Information to third-parties from any claim, demand or liabilities arising from such disclosure if you choose to provide your Genetic, Physical and/or Self-Reported Information to third parties.
Customers should be aware of providing us with your saliva sample with the expiration date on the side of the collection tube. If your sample collection kit is lost or damaged, or if it has expired, please contact us as soon as possible. Although we generally don’t accept your sample which was collected by the expired kit, we may ship you a replacement kit “free of charge” by ELXR® depending on the situation. Replacement kits can only be shipped to the same shipping country as on the original order.
2. Standard Cancelation Policy
If you request a refund, ELXR® will refund the balance of the total purchase price after subtracting your shipping and handling charges. To receive a refund for an unused kit, you must notify us within 30 days of placing your order in ELXR®’s online store, and you need to request a refund and state in writing that you have not used the saliva collection kit yet and return it to us. After no damage of the kit is confirmed by ELXR®, the process of the refund will proceed.
3. Limitation of Services
You agree that we reserve the right to limit the sales of our Services to any person, geographic region or jurisdiction, or other use of the Services, such as limiting use of our Services to a certain duration in a certain period. We may exercise this right on a case-by-case basis.
13.1 Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. You agree that we may require you to download or install such software from time to time in order to improve, develop and enhance our Services. In case of failure to download or update, part of our Services may be inaccessible. This may result in the deletion of your Personal Information and Genetic Information from our servers and may terminate Services automatically.
13.2 Modifications to Terms
We reserve the right to make changes to this Terms from time to time without prior notice to the Customer. When changes are made, we will upload the edited version of the Terms available on our website and any new additional Terms will be provided to you from within, or through the affected Services. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. [Only where applicable for Users of ELXR® DNA Kit] You understand that we may change to different or provide additional technologies for collection and analysis of Genetic Information without prior notice, which may be different from your initial purchase of our Services. You agree that if you choose to be provided any different or additional technologies, you will be required to by pay extra fees for collection and interpretation of your Genetic Information to receive the new Service.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our site. Your notice should be sent via email, which is set out online via hello@the-ELXR.com. We may require you to submit proof of identification, in order to verify that you are, in fact, the owner of your account and the termination is decided by you. Furthermore, in the event you provide us with termination notice online, we shall promptly send you an email requesting you to confirm your request, and your notice will be effective following receipt of an email confirmation from you. In order to leave proof of termination notice and confirmation, we will not accept phone inquiries. If in our sole judgement, you fail or you are suspected to fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny your access to our services (or any part thereof).
All indemnities towards our Services outlined in this Terms will survive after termination notice have been provided and your account has been terminated.
Your correspondence or business dealings with or participation in promotions of information providers, vendors, and/or resources found on or through the Service, such as payment and delivery of related goods, or services, and any other Terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider and you are liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
Certain content, products and services available via our Services may include materials from third parties. Third party links on this site may direct you to third-party websites that are not affiliated with us. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource. If you wish to purchase healthcare products such as supplements or health drinks, engage in healthcare activities or services based on information received the Services, ELXR® will not be responsible for any damages arising from direct or indirect actions taken by the Customer.
The Customer shall acknowledge and agree that ELXR® has ownership of all legal right, title, and interest in and to the Services, such as any intellectual property rights.
You acknowledge and agree that intellectual proprietary and confidential information that are protected by applicable laws and regulations may be contained in the Services and any software connected to our Services. Furthermore, you acknowledge and agree that any content and information provided by our Services or sponsors is protected by patents, copyrights, service marks, trademarks, or other proprietary rights and laws. You acknowledge and agree that you do not give permission to yourself or any third party to sell, lease, distribute, modify, create derivative, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software (or any part thereof), in whole or in part. You agree not to obscure, alter or delete any proprietary rights and notices that may be contained in our Services. Unless we allow you to do so, you agree not to use any service mark, trade name, trademark, logo of any company or organization in such manner that causes confusion, whether intentionally or unintentionally, about the ownership or authorized user of such marks, names, or logos.
19.1 Disclaimer of warranties
You acknowledge and agree that we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The use of our services is at your sole risk.
You acknowledge and agree that we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You acknowledge and agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
19.2 Limitation of liabilities
In no case shall ELXR®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any content (or product) posted, transmitted, otherwise made available via the service, even if advised of their possibility. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the greater of any fees paid by you, if any, for our Services in the prior twelve (12) months.
Our primary method of communication or sending notice will be done via either email or posting on our website or app or phone You are encouraged to check regularly your email and our website or app, due to the fact that the notification may be irregularly sent.
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and offers product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
If any violation of the Terms of these Terms is made by you and/or we have reasonable ground to suspect that you have violated the Terms of these Terms, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Singapore.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be served from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
26.2 Term for cause of action.
You acknowledge that any claim or demand or cause of action arising from or related to the use of our Services or the Terms must be filed within 3 months After such claim or demand, or cause of action arose.
26.3 Admissibility of printed version.
A printed version of this agreement will be effective in judicial or administrative proceedings.
You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Without prior notice to you, we may freely assign or delegate rights and obligations under the Agreement, whether fully or partially.
We have the right to modify, supplement or replace the Terms of this Agreement, effective upon posting at www.the-ELXR.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 15 (Termination).
26.6 Rights of Third Parties
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 35B) to enforce any of the Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
Questions about the Terms should be sent to us at: hello@the-ELXR.com
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