Welcome to dietgene, an online platform for personalized diet recommendations based on users’ genetic information. DietGene operates through a mobile application and a bot (together the “Application”). The Application is owned and operated by OME Care Ltd. (“we“, “our“, “us“, the “Company“).
- Registration and User Account. The Application is only available to registered users with a valid user account.
- Fees. Use of the Application is subject to payment of applicable fees, in accordance with the subscription plans and amounts presented to you through the Application.
- Use of The Application. You may only use the Application for your private, personal and non-commercial purposes, and in accordance with these Terms.
- Intellectual Property. All legal rights in the Application, including all intellectual property rights, are owned by the Company and its licensors.
- Disclaimers. The Application is provided for use ‘as is’. We disclaim all warranties and representations with respect to the Application. The Application is provided for informational purposes only. It is not and should not be regarded as a substitute for medical, physical, nutritional or other professional advice, guidance, counseling or treatment.
- Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Application.
- Indemnity. You agree to indemnify us in case of a third party claim in connection with your breach of these Terms.
- Governing Law & Dispute Resolution. USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. MOST DISPUTES BETWEEN US WILL BE DECIDED IN ARBITRATION. YOU CAN OPT OUT OF ARBITRATION UNDER THE TERMS OUTLINED BELOW, IN WHICH CASE DISPUTES WILL BE DECIDED IN COURT.
… and in detail
ABOUT THE APPLICATION
The Application offers users personalized diet recommendations, based on their genetic tests results and other information provided by the user, such as gender, weight, height, food preferences or allergies (“Recommendations“).
THE APPLICATION AND ITS RECOMMENDATIONS ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY ARE NOT AND SHOULD NOT BE REGARDED AS A SUBSTITUTE FOR MEDICAL, PHYSICAL, NUTRITIONAL OR OTHER PROFESSIONAL ADVICE, GUIDANCE, COUNSELING OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL OR A NUTRITIONIST FOR HEALTH OR NUTRITION AND DIET RELATED ISSUES.
The Application is only available to registered users. To use the Application, you will have to register and open a user account.
Additional Information. We reserve the right to request additional information to verify your identity, during the registration process and through your use of the Application. If you fail to provide us the requested information, we reserve the right to suspend or terminate your user account, pursuant to these Terms.
False information. If we believe that the Information you provide is false, deceptive or offensive, we reserve the right to suspend or terminate your user account or your access to the Application.
Use of the Application is subject to payment of applicable fees (“Fees”), in accordance with the subscription plans and amounts presented to you through the Application (“Plans”).
Fees are payable by providing your billing authorization through the platform in which you are using the Application (e.g. Apple’s Appstore or Google play). Such payments are subject to the applicable third party’s platform terms and conditions.
Failing to Pay. Failing to settle your payments due for using the Application will entitle us to terminate your account and use of the Application, without regard to any other remedies available to us under applicable law.
USE OF THE APPLICATION AND RESTRICTIONS
Subject to these Terms, you may use the Application, exclusively for your private and personal purposes.
While using the Application, you must refrain from:
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Application;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
- Interfering with, burdening or disrupting the functionality of the Application;
- Breaching the security of the Application or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Application, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Application;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Application;
- Displaying the App or any part thereof in an exposed or concealed frame, or linking to elements or portions of the App, independently from the manner on which they originally appear or are made available through the Application;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Application.
The Application may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability.
INTERACTIONS WITH THIRD PARTY APPS
We assume no responsibility or liability for such third-party applications, their availability, the content thereof and its accuracy.
We and our licensors own all rights, title and interest in and to the Application, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Other than as expressly permitted in the Terms, you may not copy, reverse engineer, modify or create derivative works of the Application, any part thereof or any of the content on or of the Application in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks and logos. You must refrain from any action or omission which may dilute or damage our goodwill.
CHANGES AND AVAILABILITY
Changes in the Application. From time to time, we may change the Application’s structure, layout, design, scope, features, display, or the access thereto, without prior notice.
Availability. The availability, quality and functionality of the Application depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
Changing these Terms. We may revise these Terms. In such case, we will notify you in advance of the amended Terms. Your continued use of the Application after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to these Terms. The latest version of the Terms will always be accessible through the Application. In any event, if you do not consent to the amended Terms, you must discontinue your use of the Application.
DISCLAIMER OF WARRANTY
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE APPLICATION WILL OPERATE UNINTERRUPTEDLY, ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APPLICATION WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE APPLICATION AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON THE APPLICATION WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE APPLICATION WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APPLICATION IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE APPLICATION OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APPLICATION, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE APPLICATION, OR FROM ANY COMMUNICATION THROUGH THE APPLICATION, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE APPLICATION.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE APPLICATION, OR IF THROUGH YOUR USE OF THE APPLICATION, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
You will indemnify and hold us harmless, to the maximum extent permitted by law, from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any allegation or claim brought against us in connection with your use of the Application, your breach of these Terms or infringement of any third party’s rights.
Terminating Your Account. You may, at any time, request to terminate your account by contacting us at firstname.lastname@example.org. Upon termination of your account, your right to use the Application is terminated and you must cease to use the Application.
Terminating the Operation of the Application. We may, at any time, discontinue or terminate the operation of the Application, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.
You may only use the Application if you are an individual over the age of 18. By using, accessing or registering for the App, you declare that you are at least 18 years of age.
We may terminate your account if we find that you are younger than the minimum age specified above. We may at any time request additional information to confirm your age.
GOVERNING LAW & JURISDICTION
Regardless of your place of residence or where you access or use the Application from, these Terms and your use of the Application will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND THE COMPANY REGARDING THESE TERMS OR THE USE OF THE APPLICATION, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG).
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.
YOU AND THE COMPANY HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO email@example.com, WITHIN 10 DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN NEW YORK COUNTY IN THE STATE OF NEW YORK, USA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY FILE: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION; (B) IN ANY COURT OF COMPETENT JURISDICTION A CLAIM CONCERNING THE INFRINGEMENT (OR ALLEGED INFRINGEMENT) OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS).
Your use of the Application may be subject to additional third-party terms and conditions that govern that application marketplace from which you downloaded the Application, such as AppStore and Google Play. Such third parties are not responsible for providing maintenance and support services with respect to the Application.
The following terms apply if you downloaded an Application from Apple’s AppStore. You and we agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Entire Agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms will be effective unless: (a) consented to explicitly and executed in writing by our authorized representative; or (b) we amend the Terms in accordance with the ‘Changes to the Terms’ section above. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
Assignment. You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void.
We may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, whereby virtue of such assignment, the assignee assumes in our stead, all right, duties, liabilities and obligations hereunder.
Interpretation. The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Should you have any inquiries, complaints or suggestions, you may contact us at: firstname.lastname@example.org. We will do our best to resolve your issue in a timely manner.
Effective date: January 01, 2020.