8. TITLE, RISK OF LOSS.
9. SALE OF PRODUCTS AND SERVICES OF THIRD PARTIES
- Bioniq delivers or procures the delivery of the products, cleared for export, to an address indicated by you at the order, or to another party nominated by you. Title to products passes from bioniq to you after delivery to you. Loss or damage that occurs during shipping by a carrier selected by bioniq is bioniq's responsibility.
- International Orders
- By confirming your order for shipment you agree to the additional terms contained in this section. If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment. Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations imposed on exports to your country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.
10. THE BLOOD TESTING PROCESS
11. LIABILITY DISCLAIMER
- We will arrange for the private blood draw at the address you have specified in the order at the specified time slot. These services will be provided by a certified third party provider (the "Provider") and not by bioniq. By agreeing to accept the services of the Provider you shall enter into a separate services agreement with the Provider and thus shall have no recourse against bioniq in relation to the service, other than in case of a claim for refund or request to arrange a new service as set out in this Agreement. We will only acts as a coordination and payment agent using the Site.
- By taking the blood test as described you agree to discussing and providing your GP with a copy of any abnormal test results within the specified time mentioned in the reports.
- The information included in the test results and any report provided to you by bioniq is only relevant to the individual who completed the blood test. The information should not be used for the diagnosis or treatment of medical conditions. Bioniq has used all reasonable care in obtaining the information but makes no warranty as to its accuracy. Consult a doctor or other health care professional for diagnosis and treatment of medical conditions. Bioniq attempts to provide the services using a commercially reasonable level of skill and care.
- Our liability in connection with any product or service purchased through the Site is strictly limited to the purchase price of that product or service. This does not include or limit in any way our liability for death or personal injury caused by our negligence, or for fraud, or your statutory rights as a consumer. We accept no liability for any loss or damage caused by us or our employees or agents including for damage or corruption of data on a user's computer as a result of the site access:
- where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
- where such loss or damage is not a reasonably foreseeable result of any such breach;
- for any increase in loss or damage resulting from breach by you of any terms of this contract.
- You agree that the use of the site is at your sole risk. the site and the materials contained herein are provided on an "as is" and "as available" basis, except as otherwise expressly provided in this agreement. bioniq and other affiliated companies and their respective officers, directors, employees and other representatives, successors and assigns of any of them (collectively, "bioniq entities") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Bioniq entities make no warranty that the site will meet your requirements, the site will be timely, secure, error free or uninterrupted, the results obtained from the site will be accurate or reliable, the quality of any products, services, information or other material obtained by you through the site will meet your expectations and any site errors will be corrected. any material downloaded or otherwise obtained through the site is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. no information obtained by you from bioniq entities or through the site shall create any warranty not expressly stated in this agreement.
- All products and services purchased through the site are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. to the fullest extent permissible by applicable law, bioniq entities disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the products and services listed or purchased on the site. without limiting the generality of the foregoing, the bioniq entities expressly disclaim all liability for product defect or failure, claims attributable to normal wear, product misuse or modification, abuse, incorrect product selection and not following printed directions.
- To the maximum extent permitted by applicable law, in no event shall bioniq entities be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the site, including any liability as a publisher of information, reseller of any products or services, for any defective products, for any incorrect information or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on the site or for any other matter relating to the site or any third party website. this is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if bioniq entities are advised of the possibility of such damages. the limitations of liability set forth herein are fundamental elements of the basis of the arrangement between bioniq and you. the products, information and services offered on and through the site would not be provided without such limitations. notwithstanding the foregoing, the sole and entire maximum liability of bioniq entities for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from bioniq on the site.
13. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
- You agree to indemnify, defend and hold harmless bioniq from and against all losses, expenses, costs and damages including attorney's fees resulting from your use of or contact on the Site, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of bioniq.
14. RESELLING PRODUCTS
- You acknowledge that all materials on the Site, including the Site's design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by the European Union and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") are the sole property of bioniq and may not be copied or otherwise used, in whole or in part without the prior written authorization of bioniq. In addition all page headers, custom graphics and custom icons are Marks of bioniq and may not be copied or otherwise used, in whole or in part without the prior written authorization of bioniq. Any use of any Materials or Marks owned by bioniq is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
- All product photos, images, videos or recordings are for illustrative purposes only, and may vary from the actual product. Due to differences in monitors, product color may also appear different on the Site and are for reference only.
- Any product purchased from bioniq is meant for personal use and is may not be subject to resale. Failure to do so will result in immediate termination of your bioniq account.
16. SEVERABILITY; INTERPRETATION
- This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
- The Agreement is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
17. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION AND CLASS WAIVER
- If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".
- If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this Agreement.
- This Agreement shall be governed by English law. Any dispute arising from, or related to, this Agreement shall be subject to the jurisdiction of the courts of England.
- The failure of bioniq to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of bioniq Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
- These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- You and we each acknowledge that, in entering into the Agreement, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Agreement except as expressly stated in these terms and conditions.
- Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
- The headings in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
20. TERMS REGARDING THE USE OF NUTRITIONAL THERAPIST SERVICES
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on certain parts of the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- BIONIQ HEALTH-TECH SOLUTIONS LTD.; Acre House, 11 - 15 William Road, London, United Kingdom, NW1 3ER.
1. As part of our services we may offer you consultations with a certified nutritional therapists. By agreeing to accept and pay for the consultations and recommendations of one of our nutritional therapists you are confirming your full acceptance of and agreement with the following:
- Nutritional Therapy is the application of nutrition science in the promotion of health, peak performance and individual care. Nutritional therapy practitioners use a wide range of tools to assess and identify potential nutritional imbalances and understand how these may contribute to an individual's symptoms and health concerns. This approach allows them to work with individuals to address nutritional balance and help support the body towards maintaining health. Nutritional therapy is recognised as a complementary medicine and is relevant for individuals with chronic conditions, as well as those looking for support to enhance their health and wellbeing.
- Practitioners consider each individual to be unique and recommend personalised nutrition and lifestyle programmes rather than a 'one size fits all' approach. Practitioners never recommend nutritional therapy as a replacement for medical advice and always refer any client with 'red flag' signs or symptoms to their medical professional. They will also frequently work alongside a medical professional and will communicate with other healthcare professionals involved in the client's care to explain any nutritional therapy programme that has been provided.
- The Nutritional Therapist (NT) requests that the client notes the following:
- The degree of benefit obtainable from Nutritional Therapy may vary between clients with similar health problems and following a similar Nutritional Therapy programme.
- Nutritional advice will be tailored to support health conditions and/or health concerns identified and agreed between both parties.
- Nutritional therapists are not permitted to diagnose, or claim to treat, medical conditions.
- Nutritional advice is not a substitute for professional medical advice and/or treatment.
- Nutritional therapist may recommend food supplements and/or functional testing as part of your Nutritional Therapy programme and may receive a commission on these products or services.
- Standards of professional practice in Nutritional Therapy are governed by the CNHC Code of Conduct.
- This document only covers the practice of Nutritional Therapy within this consultation, and your practitioner will make it clear if he or she intends to step outside this boundary.