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Delancy’s Pte Ltd Terms & Conditions
These terms and conditions (as may be amended from time to time) govern your purchase of Goods from Delancy’s Pte. Ltd. (“Delancy’s“) through its online store at www.mygene.asia (the “Virtual Store“). By using the Virtual Store, you AGREE to be bound by these terms and conditions (set out below) and PROMISE to comply with the representations you make and contained herein. Delancy’s reserves the right to amend any terms and conditions without prior notice.
Tampering with the Virtual Store, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

DEFINITIONS
In these terms and conditions, “we” and “us” means Delancy’s and “you” means the person, firm, corporation or consumer purchasing the Goods indicated in your Sales Order. Unless the context requires otherwise, words spelt with initial capitalised letters are defined terms and shall bear the meanings set out in these terms and conditions. Except to the extent that the subject matter or context may otherwise require in these terms and conditions, (i) expressions including the singular may indicate the plural and vice versa, (ii) expressions indicating any particular gender may indicate all other genders and (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa.

DEFINED TERMS
In these terms and conditions:-
– “Acknowledgement” means our email acknowledgement of receipt of your Sales Order.
– “Agreement” means the contract that is constituted by our acceptance of the Sales Order on these terms and conditions;
– “Goods” means any product listed on the Virtual Store and for the purposes of these terms and conditions includes services in connection with such listed products;
– “Invoice” means the invoice issued by us to you showing the Purchase Price and which is your proof of purchase;
– “Purchase Price” means the price ascribed to any Goods as set out on the Virtual Store;
– “Results” means the genetic information to be made available to you with your purchase of the Goods;
– “Sales Order” means the order for Goods placed by you on the Virtual Store;
– “Sales Transaction Number” means your unique confirmation number issued by us to you in our Acknowledgment.

PREREQUISITES
Only persons aged 18 years and above may submit the Sales Order or make any orders, purchases or any other form of request on the Virtual Store.

1 TRANSACTION

1.1 Acceptance of Sales Order
All Sales Orders submitted to Delancy’s through the Virtual Store are subject to our acceptance. The Agreement will be constituted upon our acceptance of your Sales Order which is made by way of our dispatch to you of the purchased Goods (by way of putting Goods in your Sales Order in the care of the delivery agent, including a representative of a courier company or the postal service), and until that time we reserve the right to reject your Sales Order.

1.2 Termination of Agreement
Delancy’s shall be entitled to terminate the Agreement, for any reason whatsoever (without being required to account the same to you), even after a Sales Order is has been accepted by us, and paid for by you, with or without notice and we shall not be liable to any party for such termination or cancellation.In such event, we shall refund to the customer the Purchase Price paid to us under the Agreement.

1.3 Payment Terms
a) Unless otherwise stated, all Purchase Prices quoted are inclusive of goods and services tax (if any).

b) Unless otherwise stated, all payments to be made through the Virtual Store shall be made using PayPal (where you are the registered owner of the account) or in accordance with such procedures as we may from time to time specify.

2 ERRORS ON THE VIRTUAL STORE
Purchase Prices and the availability of Goods are subject to change without notice. Errors will be corrected where discovered, and Delancy’s reserves the right correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been accepted and your PayPal account has been debited.

3 DELIVERY
Charges for delivery are added to the Purchase Price of your Goods and reflected in your Sales Order. All Goods purchased from us will only be delivered to addresses within Singapore. No Delivery will be made to post office boxes. Goods shall be deemed to be delivered to you when delivered to your nominated shipping address whether or not receipt of such delivery has been acknowledged.

4 THE RESULTS
a) The Results made available to you via your purchase of the Goods is for research, informational and educational use only and are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult your own physician or health care practitioner before you act upon the Results.

b) Reliance on any information (including the Results) provided by us is solely at your own risk. Sharing ther Results may have adverse consequences. In this regard please consider consulting a lawyer to understand the extent of legal protection of the Results before you share it with anyone, including your physician and other healthcare provider as the Results may become part of your medical records.

c) As medical research advances, you may need to obtain further services from us or from your physician or other health care provider to assess the significance of the Results in light of such medical research advances. Such medical research advances may change the Results and may show the same to be incomplete or inaccurate.

d) You also acknowledge and agree that the accuracy of the Results is dependent on the proper and correct usage and handling of the Goods and that any omission or failure on your part to use the Goods in the manner set out in their instruction manual may impact upon the Results.

e) The Results may have social, legal or economic implications and may cause strong emotional responses.

5 INFORMATION ON VIRTUAL STORE
While Delancy’s strives to maintain accurate and up-to-date information on the Virtual Store, we make no warranties and representations to its real-time accuracy and assume no liability or responsibility for any error(s) and/or omission(s) in the content of the Virtual Store. If you discover any inconsistencies on the Virtual Store relating to any information, please contact us at ask@mygene.asia.

6 DISCONTINUATION OF GOODS
Delancy’s reserves the right to discontinue a particular Good or range of Goods without any prior notice.

7 EXCHANGE POLICY
In accordance with the applicable legislation, Delancy’s reserves the right to prove (or, if the breach appears more than 6 months after delivery, require you to disprove) that the Good(s) was/were of satisfactory quality and otherwise complied with the terms of the Agreement at the time of delivery.
In the event of an exchange, Delancy’s will deliver to you such number of Goods to be exchanged within 4 – 6 weeks of your request for an exchange.

8 TITLE; RISK OF LOSS
Title to, and risk of loss of or damage to, Goods purchased shall pass to you upon delivery of the purchased Goods to you at your nominated shipping address whether or not receipt of such delivery has been acknowledged.

9 COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

9.1 Managing Your Personal Data
You must be registered as a member before you are able to make a purchase on the Virtual Store. We allow individual members to access their personal information by logging-in with their email and password. You may access and update your personal information by logging in. If you no longer require or desire Delancy’s services, you may remove your personal data by contacting our Personal Data Manager with such a request at ask@mygene.asia. You agree that 3 months is a reasonable time period within which we shall remove your personal data save where we are required to retain the same for lawful purposes.

9.2 Receiving Updates and Promotions
You may choose to receive information from us or our commercial partners when you register your membership with us. If at any time you choose to opt-out or opt-in (as the case may be) of receiving information from us, please send an email to our Personal Data Manager at ask@mygene.asia and we will adhere to your preference within a reasonable time.

9.3 Collection, Use and Disclosure of Personal Data
a) We may request personal data from you (such as your name, street address, telephone number, credit card number, e-mail address and any other information required that allows you to purchase Goods on our Virtual Store and for us to process such purchases.

b) You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration details, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

c) Certain information may be collected from you without your actively providing the information when you navigate through the Virtual Store. The collection methods employed include, without limitation, the use of Internet Protocol addresses, cookies, Internet tags and navigational data collection.

d) Internet Protocol (IP) addresses are used on this site in the collection of information. Your Internet Service Provider allocates an IP address to your computer in order for it to access the Internet. The IP address is considered to be non-personal information and it may be dynamic (changing every time you connect to the Internet) or it may be static (unique to your computer). We collect your IP address in order to facilitate our administration and improvement of this site. The information derived from your IP address can help us diagnose server problems, report aggregate information and determine the fastest route from your computer to the Virtual Webstore. The site sends a “cookie” to your web browser in order to facilitate and customise your use of the Virtual Store. A “cookie” is a small data text file stored in the hard drive of your computer (if it so permits), which can be retrieved to identify you to the Virtual Store. The Virtual Store uses passive “persistent” cookies, which will remain on your hard drive until deleted. A cookie sent to this site by your web browser will contain information that you have previously entered, enabling us to customise the Virtual Store to your preferences. These cookies will not give us any other personal information about you.

e) The Virtual Store also uses “session” cookies, which are temporary bits of information that are erased once you exit your web browser or shut down your computer. The information collected by such cookies is needed to improve navigation and to collect aggregate information.

f) “Navigational data” comprises data files such as “log files”, “server logs” and “clickstream” data, which are obtained by the Virtual Store from your browser and used for maintenance of the system, improving the content of the site, market research and communication of information to visitors.

g) Delancy’s does not sell or rent your personal data to third parties. Any information collected would be for internal usage by Delancy’s, including without limitation our marketing and research purposes to the extent permissible by law.

h) Your personal data may be shared with current or future Delancy’s entities or subsidiaries, including without limitation our business partners and financial institutions, from time to time. We may also use the information you provide to send you marketing communications. In limited circumstances, Delancy’s may need to share your information with certain third parties to perform services on our behalf. You agree that any personal data you provide (including your saliva sample) and all resulting data may be transferred and/or processed outside the country in which you reside.

i) We shall take reasonable measures to ensure the confidentiality and security of the personally identifiable information transmitted and to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.

10 USE OF THE VIRTUAL STORE

10.1 Right to Download
You may only download content displayed on the Virtual Store for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of the Virtual Store including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Delancy’s. It is strictly prohibited to download the images of the products for sale within the Virtual Store.

10.2 Proprietary Rights
The Delancy’s logo and other trademarks on the site are the properties of their respective owners and are owned by, licensed to, or, where required, used with permission by Delancy’s and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

10.3 Security
You are prohibited from violating or attempting to violate the security of the Virtual Store, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) using the Virtual Store for unintended purposes or trying to change the behavior of the site; (c) attempting to probe scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Virtual Store (impersonating the Virtual Store) or to the Virtual Store (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Delancy’s, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Virtual Store or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Virtual Store other than the search engine and search agents provided by Delancy’s or generally publicly available browsers.

11 LIMITATION OF LIABILITY
a) These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Goods and performance of any services in relation thereto and there are no other warranties, conditions or terms that are binding on us except as expressly stated herein. Any warranty, condition or term concerning the Goods and/or services provided which might otherwise be implied or incorporated in these terms and conditions by statute, common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.

b) Delancy’s shall not be liable to you for any loss or damage arising from your breach of these terms and conditions, failure to use or handle our Goods according to their stated instructions, misuse of the Virtual Store, unauthorized access to or alteration of the Results, improper authorization for the purchase of Goods by someone claiming such authority and any statements, act or omission of any third parties including Delancy’s Affiliates.

c) Without limiting the foregoing, Delancy’s shall not be liable to you or any third party for any loss of revenue, profit or any consequential or indirect loss or damage arising from any cause whatsoever. In any event, Delancy’s liability (if any) whether in contract, tort or otherwise in respect of any defect or breach in relation to an Agreement or of any duty owed to you in connection therewith shall be further limited in aggregate to the Purchase Price of the Goods under the Agreement.

12 FEEDBACK
If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly at ask@mygene.asia

13 VARIATION
We reserve the right to amend, vary and change these terms and conditions at our discretion at any time without any notice to you. Each time you use the Virtual Store, you should visit and review the then current terms and conditions that apply to your transactions and use of this site. If you are dissatisfied with the Virtual Store, its content or terms and conditions, you agree that your sole and exclusive remedy is to discontinue using the Virtual Store. Your continued use of the Virtual Store and submitting of any Sales Order or other request to us shall be construed as your acceptance of any such amendments, variations and changes to these terms and conditions.

14 DISCLAIMERS
14.1 Usage at your own risk
a) By using the Virtual Store, you expressly agree that use of the Virtual Store is at your sole risk. The Virtual Store is provided on an “AS IS” and “as available” basis. Neither Delancy’s nor its Affiliates, officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Virtual Store will be uninterrupted or error-free. Delancy’s may, in its sole discretion, terminate your account or your use of the Virtual Store at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Delancy’s reserve the right to change, suspend or discontinue all or any aspects of the Virtual Store at any time without prior notice.

b) “Affiliates” means any person who
(i) directly or indirectly, controls, is controlled by, or is under common control with the Delancy’s, and the term “control” means the authority, direct or indirect, to control a person’s business or affairs, which shall conclusively be presumed to exist upon the possession of beneficial ownership or power to direct the vote of more than 50% of the votes entitled to be cast, or the power to control the composition of the board of directors; or

(ii) is deemed to be a related corporation of Delancy’s pursuant to Section 6 of the Companies Act (Cap.50).

14.2 Information on Goods
Neither Delancy’s nor any of its Associates warrant the accuracy, integrity or completeness of the content provided on the Virtual Store or the Goods offered for sale on the Virtual Store or the Results to be made available to you via purchase of such Goods. Further, Virtual Store makes no representation that content provided on the Virtual Store is applicable to, or appropriate for use in, countries outside of the Republic of Singapore.

15 INDEMNITY
You agree to indemnify Delancy’s, its employees, agents, successors and assigns against all claims, demands, costs and expenses (including reasonable legal costs) in connection with or arising out of your use of the Goods and/or Results, violation of these terms and conditions or your violation of the rights of another person.
In addition, if you choose to provide the Results to third parties ? whether individuals to whom you permit access, intentionally or inadvertently, or to third parties for diagnostic or other purposes ? you agree to defend and hold harmless Delancy’s, its employees, agents, successors and assigns from any and all liability arising from such disclosure or use of the Results.

16 ENTIRE AGREEMENT
These terms and conditions together with the Agreement constitutes the entire agreement between us and you in relation to your purchase of the Goods and supersede any and all statements or other agreements (oral or written) between you and us.

17 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B)
A person who is not a party this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.

18 GOVERNING LAW
This Agreement shall be governed by the law of Singapore. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.