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terms and conditions
*Disclaimer: The services offered on this website are not diagnostic or designed to treat or cure any disease, illness or condition. The programs are based around dietary and nutritional programs designed to support the body’s natural processes. If you have any illness or condition or you are concerned about your health, you should see a health professional.

Bionetics Ltd

Terms and Conditions of Use

1. Purpose

This document and the attachments referred to herein constitute a legally binding agreement between you and BIONETICS and its successors in title ("BIONETICS”, "we" or "us"). It sets out your rights and obligations and those of BIONETICS in relation to your access to and use of the internet site operated by us with the domain name (the "Site") which expression shall include any other websites which are from time to time linked to this site which are owned by BIONETICS and all software applications which are used on or downloaded from the site and all e-mails or other communications sent to you via the Site or from or on behalf of BIONETICS (as defined below) contained in or offered in conjunction with the Site.

By accessing the Site you accept without limitation or qualification all of these Terms and Conditions of Use and any subsequent amendments or variations thereof as we, in our sole discretion, may make from time to time ("Terms").

2. Variation

We may, at our discretion, vary or amend from time to time these Terms and any document (including but not limited to the Privacy Policy) which is stated to form part of these Terms. All such amendments or variations will be effective as soon as they are posted on the Site. The amendment or variation shall apply to your use of the Site and to any goods and services offered to you upon such posting or notification so you must check these Terms every time you visit the Site.

Except as provided for in the preceding paragraph these Terms may otherwise not be amended or varied except in writing signed by both parties.

3. The Site

3.1 Purpose

The purpose of the Site is to enable you to purchase goods, the Test (as defined below) and other services from us in accordance with these Terms. (The goods, the Test and the other services shall be referred to as the “Products”.)

In particular, we offer a service which [uses a specialised technology to determine the stress factors and nutritional deficiencies in individuals by analysing a hair sample] (the “Test”)

We may from time to time offer specialist goods and services through the Site and we reserve the right to apply separate terms and conditions to these other goods and services which will be notified to you at the time of purchase.

3.2 Registration

The Site is intended for the use of residents of the following jurisdictions:

(i) the United Kingdom, the Isle of Man and the Channel Islands; and
(ii) territories outside those mentioned in (i) above.

When you register with us you will tell us which of these jurisdictions you are resident in and you warrant to us that this information is correct.

Anyone who registers online by filling out the registration form may become a user of certain parts of the Site (a “User”) subject to our approval. Upon registration you will become a Registered User.

Online submission of your registration form confirms your agreement to the provisions of these Terms. Registered Users and Guardians should also read and understand our Privacy Policy that forms part of these Terms and governs the way we will use any information that is submitted as part of the registration process.

3.3 Registered User Information

By submitting the on-line registration form you warrant that the information contained in the form (“User Information”) is true and accurate in all respects and you have the authority and capacity to complete the form. The registration form forms part of the Terms. You agree to notify us immediately in writing of any changes in User Information. We reserve the right to refuse to register you for any reason and to remove you as a Registered User at any time at our sole discretion. You are solely responsible for the User Information.

We may refuse to grant you a User ID that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by us.

3.4 User ID and Password

On becoming a Registered User you will be required to give a User Identification name (the "User ID") and a password (the "Password") both unique to you. Your User ID and Password are confidential to you and must not be disclosed to any third party or used by you or on your behalf for any purpose other than your use of the Site. You agree to:

3.4.1 notify BIONETICS immediately in writing of any use of your User ID or Password of which you become aware which has not been authorised by you, or any circumstances relating to the actual or potential misuse of your User ID and Password above giving reasonable details of the unauthorised use or applicable circumstances as appropriate;
3.4.2 exit your account in the manner directed on the Site at the end of each session;
3.4.3 in the event of any failure or error in the operation of a Password you shall cease using the Password and exit the Site immediately and notify us of such failure or error; and
3.4.4 indemnify and keep indemnified BIONETICS against any liabilities, costs, claims or expenses which it may suffer as a result of any unauthorised use of the User ID or Password.

We will not be liable to you for any loss or damage (whether direct, indirect or consequential) arising from your failure to comply with this clause 3.4 and (without prejudice to the terms of clause 9.2 below) you agree to indemnify us against any charges, costs, claims, damages or expenses (howsoever arising) incurred by us as a result of your failure to comply with such provisions.

Any breach of these Terms by anyone to whom you disclose the Password will be treated as if the breach had been committed by you and will not relieve you of your obligations under these Terms.

We reserve the right to change your Password and User ID at any time in our sole discretion.

3.5 System Integrity

You undertake to us that you will not use and that you will not permit the use of any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Site. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Site without our prior written consent.

3.8 No Support or Assistance

Neither we nor any Third Party Suppliers shall provide any support or assistance of any kind to Users except as set out herein.

3.9 Interest on Late Payment

If at any time any sums due to us under these Terms is not paid on the due date then all outstanding sums shall bear interest at the rate of 4% above the then current base rate of Barclays Bank plc per annum such interest to accrue daily until the date of payment including after as well as before any judgement in respect of such sums.

4. Use of the Site

4.1 Sale of Products via the Site

Any Products purchased via the Site shall be subject to these terms and conditions and also those in Schedule 1 hereto.

4.2 Relationships with Third Parties

Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.

4.3 Amendments to the Site

We, at our sole discretion, may add, delete or change some or the entire Site at any time.

We, at our sole discretion, may at any time change the identity of any Third Party Supplier.

4.5 Proprietary information

You acknowledge and agree that the materials used and displayed on the Site including but not limited to text, software, photographs, graphics, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of BIONETICS and/or its licensors and are protected by copyright trademark and other laws.

You agree not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, share, lease, license, sub-license, use for any commercial or non-commercial purpose or distribute any material on the Site or create in any way content and/or derivative works based on the content of the Site itself, or services provided by, or on behalf of BIONETICS in whole or in part without our prior written consent.

4.6 Disclosure of Personal or Confidential Information

You undertake not to either include or disclose on or in connection with your use of the Site any confidential information or Personal Information (as defined in our Privacy Policy) relating to third parties without their express written consent.

You acknowledge that in the course of utilising the Site and concluding transactions on it you may receive certain confidential information that has been provided by other Users. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the User to whom such information is confidential.

5. Newsletters

On registration to the Site, we may automatically sign you up to receive our e-mail service (“Newsletters”) although you will have the option to opt-out of receiving such e-mails at any time. The Newsletter will update you on products and services provided by us, events organised by us and other events, news or articles which we consider to be of interest to you. Your use of the content received through the Newsletters by e-mail service will be subject to these Terms.

6. Links to third party Sites

We may provide links to other web sites or resources either on the Site or in Newsletters by e-mail. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web sites. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services or other materials on or available from such sites or resources.

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 of any such content, goods or services on or available through any such site or resource. If you decide to access linked third party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.

If you would like to link to the Site please read and comply with the following guidelines and all applicable laws. A web Site that links to the Site:

(a) may link to, but not replicate, the content of the Site;

(b) must not create a frame or any other browser or border environment around the content;

(c) must not in any way imply that BIONETICS is endorsing it or its products or services;

(d) must not misrepresent its relationship with BIONETICS;

(e) must not present false information about BIONETICS;

(f) must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and

(g) must not be a web site or WAP site that contains content that could be construed as distasteful, offensive or controversial.

We expressly reserve the right to request that any link in breach of these terms is removed and to take whatever other action it deems appropriate.

7. Privacy

You are asked to read our Privacy Policy, which forms a part of these Terms and sets out the way in which we handle your personal data.

8. Message Board and Chat Rooms

8.1 We may from time to time provide Users with a message board and/or chat room facilities (“User Forum”).
8.2 By posting a message on any User Forum you agree that BIONETICS or any of its affiliate companies may use the message, your name/user name and town in any publicity or marketing material relating to any products or services of BIONETICS without further consent from you.
8.3 You undertake:
8.3.1 not to use any of the User Forum for any unlawful purpose;
8.3.2 not to use any of the User Forum for the posting of any material which is defamatory, offensive, blasphemous or obscene;
8.3.3 not in any way to corrupt, tamper with or otherwise interfere with any of the User Forum or their operation.
8.4 The views and opinions expressed on any User Forum are those of the authors and do not necessarily represent the views of BIONETICS.
8.5 Without prejudice to the terms of clause 9.3, BIONETICS makes no warranties or representations of any kind in relation to any of the User Forum or any messages posted to them, whether express or implied, including but not limited to, implied warranties or conditions of performance, completeness, suitability, timeliness, accuracy, reliability, satisfactory quality and fitness for a particular purpose or non-infringement, except to the extent it is not possible by applicable law to exclude such things or to the extent such things are expressly contained in these Terms.
8.6 BIONETICS shall not accept responsibility for:
8.6.1 any technical or access issue, failure, malfunction or difficulty that might hinder or prevent your viewing or posting of any message to any User Forum;
8.6.2 any event which may cause any User Forum to be disrupted or corrupted;
8.6.3 any errors or omissions in any posting to or on any User Forum;
8.6.4 any loss or damages incurred as a result of the use of any information posted to any User Forum.
8.6.5 BIONETICS reserves the right to modify or delete any message which it considers, in its absolute discretion, to be defamatory, offensive, blasphemous or obscene. In the event that BIONETICS has to modify or delete any such message it reserves the right to terminate the right of the User who has posted the message from using that or any that User’s membership of all or any User Forum of the party posting such message.

9. General

9.1 Termination of these Terms

We reserve the right to suspend or terminate your account or Registration (as a Registered User), which is or appears to us to be in breach of any of the provisions of these Terms, including but not limited to the non-payment for products or services provided by us, provision of false registration details or other misuse of the services offered through this Site. On such termination or suspension we shall be entitled to retain any sums paid by you to us. If you hold such a suspended or terminated account or Registration you may not re-register for the Site without our prior consent. We may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms.

If any proceeding is brought by or against you under the bankruptcy or insolvency laws of any jurisdiction, we shall be entitled to terminate these Terms forthwith.

9.2 Indemnity

You agree to pay, indemnify, and hold BIONETICS (and its directors, officers, employees and agents) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever (except to the extent that such liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements arise as a result of BIONETICS’s negligence or breach of these Terms by BIONETICS) with respect to:

9.2.1 any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your postings on any User Forum) submitted by you to the Site;
9.2.2 any breach of these Terms by you;
9.2.3 any third party claim action or allegation brought against BIONETICS arising out of or in relation to a dispute between Users or in relation to your use or misuse of the Site; and/or
9.2.4 any action taken by BIONETICS under your instructions in relation to the use of the Site.

9.3 Disclaimer of Warranties

Your use of the Site and any Products offered on or in connection with your use of the Site is at your sole risk. The Products are all provided on an “as available” basis.. With respect to all information which is available on the Site (including any responses to queries raised by you) we and our licensors to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Whilst we will perform the Tests and other services with all reasonable skill and care we make no warranties about the reliability, completeness or accuracy of the results of the Tests, material, services, software, text, graphics, and links on the Site.

Without prejudice to the generality of the foregoing, we make no warranty that the quality of the Tests or other services or Products obtained by you through your use of the Site will meet your expectations or provide you with any particular relief or remedy.

Any information contained on the Site or on or provided to you in connection with any Products are for the purposes of general information only and are not intended to be a substitute for professional health advice. The information on the Site or other information provided to you is not to be used to diagnose, treat or cure any disease. If you are worried about any symptoms you or a family member may have, you should always consult your healthcare professional. The Site does not provide any health advice and you should contact your healthcare professional for such advice. We do not accept responsibility for those who misuse this information or for any diagnosis made as a result of reading the information. The reader assumes sole responsibility for all of the medical information contained on this site. Any information on doses of goods are for guidance only.

If your use of the Site will require your replacing equipment or data you will be responsible for the costs of such replacement.

Your use of the Site and services offered in connection with the Site is at your own risk. If you are dissatisfied with any part of the services the Site or with these Terms or any other rules or policies your sole remedy is to discontinue use of the Site.

The description and specification of the products on the Site are approximate only and we reserve the right to make changes to the products which do not materially affect the quality or performance of those products.

9.4 Limitation of Liability

You expressly understand and agree that we and our licensors shall not be liable for any direct (other than for death or personal injury arising directly from use of the Site), indirect, incidental, special, consequential or exemplary damages including but not limited to in relation to all types of damages, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:

9.4.1 the use or the inability to use the Site or any service provided in connection the Site;
9.4.2 unauthorised access to or alteration of your transmissions or data;
9.4.3 statements or conduct of any User or third party in relation to the Site;
9.4.4 any delay by us in providing any Products;
9.4.5 any other matter relating to the Site or service provided in connection with the Site; and/or
9.4.6 any alterations to the Site or the Tests or other services or the withdrawal or alteration of any products, Tests or other services.

In no event will our liability arising out of or in respect of these Terms exceed £100 except in relation to death or personal injury.

Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of this sub-clause 9.4 may not apply to you.

Nothing contained in these Terms shall be construed as limiting your rights as a consumer which are protected by the laws of the jurisdiction in which you are resident.

9.5 No Association

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between BIONETICS and you or any User is intended or created by these Terms.

9.6 No Assignment

You may not assign your rights or delegate (or sub-contract) your duties under these Terms. BIONETICS may assign its rights and obligations under these Terms without your written consent.

9.7 Suspension or Discontinuance of Test

Without prejudice to Clause 9.1 BIONETICS may suspend or discontinue the Site (including any User Forum) or your access to the Site (including any User Forum) with or without cause and with or without notice.

9.8 Force Majeure

BIONETICS shall not be liable for any failure to perform its obligations under these Terms if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure)

9.9 Entire Agreement

These Terms (as amended by us from time to time) together with the Privacy Policy, the registration form and payment instructions (if any) comprise the entire agreement between you and BIONETICS in relation to your use of the Site and govern the use of the Site and any services provided to you in connection with the Site. The Terms (and the other documents referred to) replace and void any prior agreement between you and BIONETICS, whether written or verbal, in relation to the Site or any services provided to you in relation to the Site. You may also be subject to additional terms and conditions when you use affiliate or other BIONETICS services, third-party content or third-party software.

We make no claims that the Site is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the Site or use of the Site may not be legal by certain persons in certain countries.

9.10 Severability

Each provision of these Terms excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

9.11 No waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

9.12 Third Party Rights

Except as otherwise expressly stated herein any person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such person which exists or is available otherwise than as a consequence of that Act.

9.13 Remedies

You agree that any unauthorised use of the Music Files which is in contravention of these Terms would result in irreparable damage to BIONETICS for which money damages would be an inadequate remedy and, in such event, BIONETICS would have the right (in addition to any other rights) to seek injunctive relief against you.

10. English law

All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of England and you hereby agree to submit to the exclusive jurisdiction of the English Courts.

Bionetics Limited is a company registered in England and Wales under number 05290766 whose registered office is at Pinehill, Pinemount Road, Camberley, Surrey GU15 2LU.

Sale of Goods and Provision of Tests and other Tests

1. Ordering Goods and Tests

1.1 You must ensure that the terms of your order and any applicable specification are complete and accurate.
1.2 Each order for Products by you from us shall be deemed to be an offer by you to purchase those Products subject to these conditions.
1.3 No order placed by you shall be deemed to be accepted by us until an e-mail acknowledgement of order is issued by us or (if earlier) when we deliver the goods, results of the Tests or services to you.

2. Delivery

2.1 We will arrange for delivery of the goods, Test results or results of other services to you by email or post and to the address that you specify in your order.
2.2 Any dates specified by us for delivery are intended to be an estimate and time for delivery shall not be made of the essence by notice. With the exception of weekends and bank holidays, if no dates are so specified, delivery will be within a reasonable time.
2.3 If you fail to take delivery of any goods for any reason we may cancel your order and retain the goods and we will refund the price of the goods less any delivery charge.

3. Price

3.1 Unless otherwise agreed by us in writing the price for the Products shall be the price specified on the Site at the time we accept your order.
3.2 The price for the Products shall be exclusive of any value added tax and postage and packaging.

4. Payment

4.1 Payment of the price for the Products shall be made by credit or debit card at the time we accept your order. The credit or debit cards which we accept are listed on the Site from time to time.
4.2 Time for payment shall be of the essence.
4.3 No payment shall be deemed to have been received until the Company has received cleared funds.

5. Cancelling and Returning an Order

Under the Distance Selling Regulations, you have the right to cancel the contract for the purchase of any goods within seven working days of delivery. This applies to all our goods but not to our the Tests or any other services provided by us. However we regret that we cannot accept cancellations of contracts for the purchase of products where foodstuffs have been opened (unless the items are of unsatisfactory quality). Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty.

The products advertised on our Site are intended for sale to persons dealing as consumers and are not for re-sale.

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*The services offered on this website are not diagnostic or designed to treat or cure any disease, illness or condition. The programs are based around dietary and nutritional programs designed to support the body’s natural processes. If you have any illness or condition or you are concerned about your health, you should see a health professional.

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