Terms of service
Effective Date: January 23, 2020
This website is operated by Pink GenomiX, inc (“PNK”). Throughout the site, the terms “we”, “us” and “our” refer to PNK. We offer the website located at https://www.pinkgenomix.com/ (“our site”), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By accessing or using any part of our service, you agree to be bound by these terms of service. This includes accessing any part of our site; registration and use of a PNK account; providing your raw genetic information for analysis on our site; making a purchase on our site, and submitting a saliva sample for DNA extraction and analysis. If at any time you do not agree to all the terms and conditions of this agreement, then you may not access the website and should terminate immediately your use of the service. If these TOS are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools which are added to the current store shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change, or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- General conditions
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
By agreeing to these terms of service, you represent that you are at lawfully able to use our service under the laws of the state, province, or country where you reside. Our service is not intended for minors under the age of 18 years old; regardless of permission from parents and/or guardians.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Scientific research is consistently changing and technology is always improving, therefore, PNK is as well in a constant stage of improvement to provide the best information to its users. As part of this continually evolving science, you accept and agree that our services might change from time to time without any prior notice.
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We do not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our site. If we provide guidance on what might work for you based on genetic and self-reported information or scientific research, this is intended for research, information, and educational purposes only. No medical advice is provided, and not all genetic information reported has been clinically validated. Services provided by PNK are not meant as a substitute for diagnostic or to be used as medical advice.
You should understand that as scientific research advances, additional services from PNK, or a healthcare professional might be necessary to assess and understand the meaning of one’s DNA, now and in light of new scientific information. In many cases, the analysis of your genetic information is based on correlations between certain genetic markers and different characteristics. Genetic information often cannot provide conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.
Learning about one’s genetic information is not for everybody. In some cases, genetic information may provide knowledge and information that may be unexpected or cause distress. You should consider the impact the information may have on you before using our services.
Health, fitness, nutrition, or wellness behaviors should not be altered solely based on the information provided by PNK. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by PNK services. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors, and lifestyle choices, which also affect wellness traits.
The PNK solutions only test for a limited amount of variants specifically associated with wellness. You agree and understand that genetic information is subject to certain limitations and only provides limited insight into nutrition, health, and fitness. It is only one of many aspects of an individual’s wellness overlook and should not be assumed as conclusive. Additionally, many genetic studies do not include all ethnic groups and are only based on one sex. As our service interprets genetic information based on published articles, some of our interpretations may not be applicable. As science is in constant evolution, it might change how DNA is interpreted by PNK.
- Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the service.
By accessing PNK services, you agree, acknowledge, and represent all of the terms of the TOS.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or services at any time. Any offer for any product or service made on this site is void where prohibited.
You understand that the information obtained from PNK is not designed to diagnose, prevent, or treat diseases or to discover the state of your health without clinical and medical information. You understand that PNK service is only for research, information and educational purposes, and if the information provided by PNK might suggest a susceptibility to a disease or health condition in particular or spot a possible diagnosis or treatment, it should always be confirmed and evaluated by clinical and medical information and evidence. PNK does not provide health or medical advice or treatment. You understand that PNK encourages you to seek the advice of your doctor or health professional if you have questions or concerns about their genetic information.
You confirm that you are above the age of majority in the jurisdiction in which it resides if a saliva sample is provided or if you access your genetic information. You warrant that the provided sample comes from your saliva. You warrant that if you accept these terms of service on behalf of another person for whom you have legal permission, you guarantee that the sample provided belongs to that person and you have the legal authority to act on behalf of that person.
If you provide your saliva sample from a location outside of Canada, it is your responsibility to confirm that this action is not subject to any prohibition or restriction on exports in the country where you live. Note, services to residents of France are prohibited due to restrictions under the civil code article 16-1. You acknowledge that any saliva sample provided and the resulting information can be transferred and/or processed outside the country where you live.
You warrant that you are not representing an insurance company and is not trying to obtain information about an insured person or employee.
You acknowledge that certain information is obtained may provoke strong emotions.
You are responsible for all the consequences resulting from sharing your genetic information and perception of information with others.
You understand that although users are free to share their journey opinion and review their experience with us, PNK reserves the right to remove or request the removal without notice public posts that are considered in violation of the TOS.
You acknowledge that by providing a sample, getting your genetic information analyzed, accessing your genetic information, or by providing information about yourself, you have no right of proprietary or other rights in any research or products that could be developed by PNK or its partners. You understand that you will not benefit in any way from research or products derived from your genetic information or information provided by yourself.
You agree that you have the authority; under the laws of the jurisdiction in which it resides, to make these representations. If you break one of these representations or violates these terms of service in any way PNK has the right to terminate your account and refuse any future use of PNK services and you will indemnify and hold harmless PNK and its subsidiaries against any liability or damages that may arise if these contracts are broken.
- Secondary findings
during testing, we collect information on a large number of single nucleotide polymorphism (SNP). As a company, we focus our analysis and reporting of information about wellness, nutrition, and fitness, which can be used by you to make changes in those areas. A subset of SNPs that we collect information may have been associated in some studies with a specific phenotypic trait unrelated to nutrition or physical condition, including associations to illness or increased susceptibility to a specific disease. When, after sequencing a DNA portion, the additional genetic information is not linked to the main purpose of sequencing is, this information is called a secondary or incidental discovery. We do not disclose information that is not associated with the initial objective of our tests because we are not a medical company.
Additionally, research on genetic associations is constantly evolving, and an SNP that may be associated with a phenotypic trait, including a disease can, in the future, be refute following future research findings. Similarly, SNPs that are not currently associated with a phenotypic trait or diseases could become an SNP of interest in the future with an association with wellness, fitness, and nutrition. Finally, even if an SNP may be statistically associated with a pathological condition, the extent of its impact may not be clear, and may not be clinically significant. As such, PNK only provides information on fitness and nutrition.
You understand that PNK can establish practices and service limits in the use of the Service, such as the maximum number of days that content and personal information are available by the service, the maximum number of times you can access the services in each period. You understand and agree that PNK is not responsible for deleted messages stored or shared by the service content; or loss of genetic information due to malfunction of the data servers or other events. You must also understand that PNK has the right to change these practices and limits at its discretion.
- Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
If you choose a Monthly Payment for products, or if you indicate another commitment to buy products for a specified period (e.g. for a year), and choose to pay periodically (e.g. monthly) instead of a full payment in advance then you acknowledge and agree that you make an individual purchase agreement for the indicated products that, if you choose, are regularly paid in payments instead of a 1-time payment and that the term “subscription”, “monthly payments” or any similar term used in the Service is not used to mean a monthly subscription cancellable at any time.
- Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
- Third-party links
Certain content, products, and services available via our Service 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. 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 any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- User comments, feedback, and other submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
- Prohibited uses
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the Service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
You may not modify, rent, sell, distribute, or create content-based services work of the service content without written agreement or contract with PNK. Besides under limited license as described above or other agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share some or all services, or use of services access to services for commercial purposes or any other purposes.
- Disclaimer of warranties; limitation of liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for an indefinite period or cancel the service at any time, without 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.
In no case shall PNK, 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 product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree that:
- Your use of the service is at your own risk. Services provided “as is” and “as available”. PNK explicitly disclaims all warranties of any kind, including the merchantability warranties.
- PNK does not guarantee that the service will meet your requirements; the services will be uninterrupted, error-free completely safe; results of the services accurate or reliable; the quality of any products, services or information obtained through the services and other material purchased or obtained material through the services will meet your expectations; any material downloaded or services are obtained it is at your own risk and you are solely responsible for damages associated with the computer system or loss resulting from data download data; no advice (oral or written) obtained from PNK or services will create a warranty that is not explicitly expressed in the TOS.
- You should always be careful when giving away personal information. No PNK unauthorized use its disclosure to access services. PNK disclaims any liability related to actions resulting from your participation in the service.
To the extent permitted by law, you understand and agree that PNK is not liable for any damages including lost profits, data or other intangible losses (even if advised PNK the possibility of such damages), resulting from:
- The use or inability to use the services;
- Any action taken based on information received by or services;
- Your failure to keep your password and account ID safe and secured.
- The cost of procurement resulting from products, data, information or services purchased or obtained; or messages received through our services;
- Prohibited access to data or alteration of your data transmissions;
- Improper authorization of services by somebody claiming they have the necessary authority to access it;
- Statements or conduct of any third party on the services.
You agree to indemnify, defend, and hold harmless Pink GenomiX, inc. And our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Waive property rights. You acknowledge that by providing a saliva sample, analyzed their genetic information, access to their genetic information, or share self-reported, you have no right in any product that PNK or third parties might develop. You agree not to receive any compensation for research or commercial products derived from genetic information or self-reported information.
You agree to defend and hold harmless PNK and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors and assigns from any claims, including attorneys’ fees, made by any third party from the user content submitted shared through the service, your service, your connection service, your TOS violations, or any other violation of rights (s).
If you have provided PNK with a saliva sample or you have provided your genetic information through a third genetic testing service, you agree to indemnify PNK, its employees, contractors, successors and assigns from any liability in the use or disclosure of any information obtained from genetic analysis of the saliva sample, the analysis of your genetic information or other third genetic testing services, or results from third-party add-ons that are provided to the future.
You also agree to indemnify and hold harmless PNK and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors and assigns from any injury, damage, costs, and expenses arising out of or attributable to the infringement of any portion of the terms.
Also, if you want to provide your genetic information and/or self-report information to third parties, you agree to indemnify PNK, employees, contractors, successors, and assigns from any liability resulting from the disclosure of your genetic and/or self-reported information.
If any provision of these terms of service 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 severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use it. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also 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 you access to our services (or any part thereof).
- Entire agreement
The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by us on this site or in respect to the Service constitute 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 (including, but not limited to, any prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
- Property rights
You acknowledge and agree that PNK has all legal rights and interests to services, including intellectual property rights in the services. Also, you understand that the services may contain information considered confidential by PNK and you may not disclose such information without the authorization of PNK and written consent.
You agree that the services and any software used for services contain confidential information. You also recognize that the information provided to you by our services is protected by copyrights, trademarks, patents, and other property laws.
Unless authorized by PNK, you agree not to modify, sell, distribute or create derivative works of any information found in services. All software that can be downloaded through the service is protected by copyright. The use of the software is governed by the terms of the license agreement which is included with the software (“license”). You should not try to install or use software that has entered into a license agreement without first agreeing to the terms of the license agreement.
Pink GenomiX and other logos, product names and services are PNK trademarks these trademarks and all other trade names, logos and brand features PNK are “PNK brands.” unless otherwise agreed with written consent with the PNK, except for the limited license previously described in the TOS, you do not have the right to use PNK trademarks and must agree not to display or use it in any way.
You agree that you cannot and will not remove, obscure, or modify property rights notices, including notices of copyright and trademarks that may be included in the services.
Unless you have been authorized in writing by PNK, you agree not to use the trademarks, trade names, or logos of any company or organization through services in a way that is intended to cause confusion about these brands, names, and logos.
For software that does not have a license agreement, PNK grants you a non-transferable personal license to use the code of your software on one computer. You cannot allow a third party to copy, alter or create a derivative work of, reverse engineer or attempt to discover any source or transfer any right in the software unless otherwise permitted by law or unless you have received written authorization from PNK.
This license is only for your use and enjoyment of the services offered by PNK as permitted by the terms of service. Unless PNK has given written permission, you may not assign your rights to use the software, grant a security software or transfer part of your rights to use the software. You agree not to modify the software in any way or to use modified versions of the software, including obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface provided by PNK. All rights not granted herein are reserved.
- Changes to terms of service
You can review the most current version of the terms of service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these terms of service constitutes acceptance of those changes.
PNK has the right to modify or discontinue the service at any time with or without notice. You understand and agree that (a) changes may cause delay calculation of some of the functions or PNK services and (b) PNK is not liable to you or any third party for any modification or termination of services.
You understand that PNK software can offer different or additional features to analyze their genetic information in the future and your initial purchase does not necessarily allow you to obtain additional features or technologies to analyze their genetic information without additional cost. You may have to pay extra for that genetic information collected and analyzed using the technologies or additional features.
PNK is constantly conducting research to improve the results of the test PNK current science in alignment with our code of conduct and scientific protocol inclusion. You agree that PNK has the right to update its genetic test panel with the latest scientific breakthroughs that could dramatically change your results. You will be informed of such changes.
PNK reserves the right to modify or change its price, either temporarily or permanently, for promotions or other needs.
- Contact information
Questions about the terms of service should be sent to us at [email protected]