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Terms of Use for Nutrigenomix Services
General Terms
1. Nutrigenomix is a University of Toronto start-up biotechnology company that provides genetic test kits, genotyping and customized reports for personalized nutrition to health and wellness clinics with healthcare professionals (the “Nutrigenomix Service”).
2. Nutrigenomix provides its test kits only through healthcare professionals working in private practice or as part of a wellness or health clinic (the “Healthcare professional” or “Clinic”). By agreeing to provide the Nutrigenomix service the Healthcare professional, or Clinic on behalf of its healthcare professionals, warrant that you are a healthcare professional (e.g. dietitian, physician) appropriately accredited and in good standing.
3. The Nutrigenomix service is for information purposes only, and is not a substitute for medical advice, diagnosis or treatment. Healthcare professionals and Clinics are expected to adhere to all applicable laws and professional rules and regulations concerning the provision of nutritional advice. The Nutrigenomix test kit is not a diagnostic test.
Purchase of Service
4. The Healthcare professional or Clinic will purchase the Service from Nutrigenomix at the price listed on the Nutrigenomix website (plus taxes where applicable). The price and currency varies depending on the region.
5. The Service can be sold to clients as part of a package that includes the healthcare professional’s counseling time, which should total approximately 30 minutes. Packages may vary in price depending on the level of service and need for follow-up consultations. It is the responsibility of the Healthcare professional or Clinic to ensure clients are properly invoiced for the Service and related counseling services based on the client’s extended healthcare plan.
6. Within Canada, the US, the UK and Australia, Nutrigenomix will be responsible for the cost of shipping the test kits to the Healthcare professional or Clinic, as well as the return shipping cost of the samples to our laboratory. The Healthcare professional or Clinic may be responsible for shipping and duty charges from other regions.
7. The cost of the starter package includes a supply of test kits, client brochures, sample personalized nutrition reports and comprehensive training guides.
8. Payment for test kits that are used will be made through the Healthcare professional’s or Clinic’s shopping cart that is accessible once the user is logged in. Payment can be made by credit card. An invoice may be requested instead at checkout if the Healthcare professional or Clinic prefers to pay by cheque or bank transfer (available only in certain regions). Payment of all invoices is due upon receipt. All sales are final.
Promotion of Service
9. Nutrigenomix will provide the Healthcare professional or Clinic free of charge with marketing materials.
10. The Healthcare professional and Clinic may market the Service to its existing and prospective clients. In such case, the Healthcare professional or Clinic must seek the advanced approval of Nutrigenomix for any use of the Nutrigenomix name or logo, as well as for the wording of any reference to Nutrigenomix, in the marketing materials. The Healthcare professional or Clinic will be responsible for funding the development of any customized marketing materials it uses to promote the Service to its clients.
Training and Support
11. Nutrigenomix will provide each Healthcare professional with training materials on how to administer, process and interpret the results of the Nutrigenomix test. Where requested, Nutrigenomix will provide additional up front training and support.
12. Nutrigenomix will continue to provide support for a Clinic’s Healthcare professional via email, telephone and through its website after training.
13. The Healthcare professional or Clinic will receive educational, marketing or promotional material from time to time, but can unsubscribe from the email list at any time by following the unsubscribe link or by emailing [email protected].
14. The Healthcare professional or Clinic will facilitate the administration of the Service and interpret results from the Nutrigenomix test for all clients with the appropriate level of care and skill expected of the Healthcare professional’s profession and in a manner consistent with any advice, training, support or guidelines provided by Nutrigenomix.
15. Clinics will ensure that only Healthcare professionals who have received training by Nutrigenomix will carry out the counseling activities described above.
Privacy and Client Confidentiality
16. Nutrigenomix will maintain a secure and private online site for the storage of client test results and related information.
17. Nutrigenomix will provide secure access to its site to the Healthcare professional and/or Clinics.
18. The Healthcare professional or Clinic will receive a unique username and password to access the Nutrigenomix website and/or any other website related services such as our client API. The Healthcare professional or Clinic is responsible for ensuring that this information is kept confidential, and that only authorized employees are permitted to access the site.
19. Healthcare professional and Clinics will comply with the Nutrigenomix privacy policy regarding client information and all other applicable laws in this regard.
Termination
20. Nutrigenomix may terminate provision of the service to a Healthcare professional or Clinic at any time and at its sole discretion for failure to adhere to these terms of use or for any other reason. Upon termination, you agree to return all materials and supplies or replace them at your own expense.
Limitation of Liability
21. Nutrigenomix assumes no responsibility for any consequences relating directly or indirectly from any action or inaction by the Healthcare professional or Clinic in the administration of the service.
22. The Healthcare professional and/or Clinic agree to indemnify and defend and hold harmless Nutrigenomix, its licensors, suppliers and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs and other expenses that may arise from the Healthcare professional’s or clinic’s use of the Nutrigenomix website or service, or from the Healthcare professional’s or clinic’s breach of these terms of use.
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