Terms and Conditions
1. Acceptance of Terms and Conditions
Your use of GlycanAge’s services is subject to the terms of the legal agreement between you and GlycanAge set in these Terms and Conditions. Except as specified herein, these Terms and Conditions apply to any use of the services, including but not limited to
- Submitting a blood sample for GlycanAge test,
- Uploading a digital version of your Report and interacting with it on the GlycanAge website, and/or
- Creating and using a free GlycanAge account whether or no you provide your blood sample.
In order to use the services, you must first agree to these Terms and Conditions. You can accept the Terms and Conditions by
- Clicking to accept or agree to the Terms and Conditions, where GlycanAge makes this option available to you for any service; or by
- Actually start using the services.
In the latter case, you acknowledge and agree that GlycanAge will treat your use of the services as acceptance of the Terms and Conditions from that point onwards. In addition, when using particular GlycanAge Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. GlycanAge also may offer other services from time to time that are governed by different terms and conditions.
“GlycanAge” as referred to in these Terms and Conditions is:
- GlycanAge Ltd., 151 Holland Park Avenue; London; W11.
Whether you submit your own blood sample or a sample for anyone for whom you have legal authority to agree, you may not use the services and may not accept the Terms and Conditions if:
- You are not of legal age to form a binding contract with GlycanAge (eighteen (18) years of age or older), or
- You are a person barred from receiving the services under the laws of the jurisdiction in which you are resident or from which you use the services.
If your use of the services includes creating a GlycanAge account, without submitting a blood sample or otherwise providing other information, you must be thirteen (13) years of age or older to use the services and accept the Terms and Conditions.
3. Description of Services
The services include access to the GlycanAge public website including the collection and analysis of your blood sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current service shall be subject to the Terms and Conditions.
You acknowledge and agree that the services are provided “AS-IS” and are based on the current state of the art of research and technology in use by GlycanAge at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, GlycanAge is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services, which GlycanAge provides, may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that GlycanAge may stop (permanently or temporarily) providing some services (or any features within the Services) to you or to users generally at GlycanAge’s sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform GlycanAge when you stop using the services unless you are requesting closure of your account or withdrawing your consent from the GlycanAge research project. GlycanAge assumes no responsibility for the use of services outside of these Terms and Conditions or other applicable terms.
In order to use the services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such an Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.
You acknowledge and agree that while GlycanAge may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by GlycanAge at any time, at GlycanAge’s discretion.
4. Risks and Considerations Regarding GlycanAge Services
Once you obtain your Report information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your Report information in the context of such advances, you may need to obtain further services from GlycanAge, your doctor or other health care provider.
We encourage you to talk to a doctor, a health professional, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. In any case, to participate in our research you should read and sign Informed Consent Form. Feel free to discuss any issue or worry with the health care practitioner who provided you with the GlycanAge test.
Some people feel a little anxious about getting Report information. This is normal. If you feel very anxious, you should speak to your doctor or a health professional prior to collecting your sample for testing. You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change. These outcomes could have social, legal, or economic implications.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your blood sample does not contain a sufficient volume or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, GlycanAge will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, GlycanAge will offer to send another kit to the user to collect a second sample at no charge. If the user declines this option, the user is entitled solely and exclusively to a complete refund of the amount paid to GlycanAge, less shipping and handling, provided that the user shall not resubmit another sample through a future purchase of the service. If the user opts to receive another sample collection kit and GlycanAge's attempts to process the second sample are unsuccessful, GlycanAge will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to GlycanAge, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the service. If the user breaches this provision of the agreement and resubmits another sample through a future purchase of the service and processing is not successful, GlycanAge will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect. As this possibility is known in advance, users are not entitled to refunds where these errors occur.
You should not change your health behaviors solely on the basis of information from GlycanAge. Make sure to discuss your Report information with a health care practitioner who provided you with the GlycanAge test before you act. In either case, if you have concerns or questions about what you learn through GlycanAge, you should contact your doctor or other health care provider.
Report information you share with others could be used against your interests. You should be careful about sharing your Report information with others. Currently, very few businesses or insurance companies request Report information, but this could change in the future. You may want to consult a lawyer to understand the extent of legal protection of your Report information before you share it with anybody.
Furthermore, Report information that you choose to share with your doctor or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Report information that you share with family, friends or employers may be used against your interests. Even if you share Report information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made.
GlycanAge services are for research, informational, and educational use only. We do not provide medical advice. The Report information provided by GlycanAge is for research, informational, and educational use only. The services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your doctor or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
GlycanAge does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Report information and Self-Reported information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your doctor or other health care provider. Reliance on any information provided by GlycanAge, GlycanAge employees, others appearing on our website at the invitation of GlycanAge, or other visitors to our website is solely at your own risk.
5. User Representations
By accessing GlycanAge services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from GlycanAge is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the GlycanAge services are intended for research, informational, and educational purposes only and that while GlycanAge information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that GlycanAge urges you to seek the advice of your doctor or other health care provider if you have questions or concerns arising from your Report information.
- You give permission to GlycanAge, its contractors, successors, and assignees to perform services from your blood sample and you specifically request GlycanAge to disclose the results of analyses performed on your blood sample to you and to others you specifically authorize.
- You represent that you are eighteen (18) years of age or older if you are providing a blood sample or accessing your Report information.
- You are guaranteeing that any sample you provide is your blood; if you are agreeing to these Terms and Conditions on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
- You agree that any blood sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Report information and your Self-Reported Information.
- You understand that all your personal information will be stored in GlycanAge databases and will be processed in accordance with the GlycanAge Privacy Statement.
- Waiver of Property Rights: You understand that by providing any sample, having your Report information processed, accessing your Report information, or providing Self-Reported Information, you acquire no rights, including but not limited to the intellectual property rights, in any research or commercial products that may be developed by GlycanAge or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Report information or Self-Reported information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations GlycanAge has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will defend and indemnify GlycanAge and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
6. GlycanAge Account, Password and Security Obligations
In consideration of your use of the services, you agree to:
- Provide true, accurate, current, and complete registration information about yourself as prompted by the service; and
- Maintain and promptly update the registration information to keep it true, accurate, current, and complete.
If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if GlycanAge has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, GlycanAge has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
The services are for use only in the country to which your sample collection kit was shipped from GlycanAge.
After you have purchased our service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
If you allow third parties to access GlycanAge website through your username and password, you will defend and indemnify GlycanAge and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to
- Immediately notify GlycanAge of any unauthorized use of your password or account or any other breach of security, and
- Ensure that you exit from your account at the end of each session.
GlycanAge cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. GlycanAge Privacy Statement and Disclosure of Information
In order to use the services, you must first acknowledge and agree to our Privacy Statement. You may not use the services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by:
- Clicking to accept or agree to the Privacy Statement, where GlycanAge makes this option available to you for any service; or by
- Actually start using the services.
You acknowledge and agree that GlycanAge has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the GlycanAge services, website, or other systems. If you have given consent for your Report information and Self-Reported information to be used in GlycanAge research as described in the applicable Informed Consent Form, we may include your information in the aggregated Report information and Self-Reported information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. GlycanAge may also include your information in aggregated Report information and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. GlycanAge research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. GlycanAge research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. GlycanAge will never release your individual-level Report information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so unless required by law.
Further, you acknowledge and agree that GlycanAge is free to preserve and disclose any and all personal information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that GlycanAge may owe pursuant to ethical and other professional rules, laws, and regulations;
- Enforce the GlycanAge Terms and Conditions;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property, or personal safety of GlycanAge, its employees, its users, its clients, and the public.
In such an event we will notify you through the contact information you have provided to us in advance unless doing so would violate the law or court order. You understand that the technical processing and transmission of the services, including your personal information, may involve
- Transmissions over various networks; and
- Changes to conform and adapt to technical requirements of connecting networks, or devices.
Finally, GlycanAge may, in its sole discretion, restrict access to the website for any reason. Please refer to our Privacy Statement, to read about data protection related to your information. See our complete Privacy Statement here.
8. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the services, you warrant to GlycanAge that you will not use the services for any purpose that is unlawful or prohibited by these Terms and Conditions, or notices. You may not use the services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the services. You may not use the services outside of the country to which your sample collection kit was shipped from GlycanAge. Furthermore, you agree not to use the services to:
- Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, colour, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutory protected status;
- Impersonate any person or entity, including, but not limited to, anyone affiliated with GlycanAge, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
- “stalk” or otherwise harass another;
- Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Use any information received through the services to attempt to identify other customers, to contact other customers;
- Download any file posted by another user of the service that you know, or reasonably should know, cannot legally be distributed in such manner;
- Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of GlycanAge or any other party;
- Harm minors in any way;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
- Upload, post, email, or otherwise transmit any unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or ”spider” any web pages or other services contained in the site, unless explicitly permitted by GlycanAge;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of GlycanAge’s website;
- Attempt to or actually override any security component of GlycanAge web services;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
- Violate these Terms and Conditions, any code of conduct or other guidelines which may be applicable for any particular area of the service or have been communicated to you by anyone affiliated with GlycanAge; or
- Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which GlycanAge may suffer) of any such breach. In case of breach of any one of these provisions, GlycanAge has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).
9. Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree:
- That providing your blood sample is not subject to any export ban or restriction in the country in which you reside;
- That your sample and data may be transferred and/or processed outside the country in which you reside; and
- That you will comply with all applicable laws regarding the transmission of technical data exported from the country from which you access GlycanAge’s services online.
10. User Content
You acknowledge that all user content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User content originated. This means that you, and not GlycanAge, are entirely responsible for all user content that you upload, post, email, or otherwise transmit via the service.
GlycanAge will not, at all times, control any of the user content posted via the service and, as such, does not guarantee the accuracy, integrity, or quality of such non-GlycanAge content. You understand that by using the services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will GlycanAge be liable in any way for any non-GlycanAge content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the services.
11. Your Proprietary Rights
User Content. GlycanAge does not claim ownership of the user content you provide to GlycanAge (including feedback and suggestions) or post, upload, input, or submit to the service. Unless otherwise specified, you retain copyright and any other rights you already hold over user content that you create and submit, post, or display on or through the services. However, by submitting, posting, or displaying user content, you give GlycanAge, its affiliated companies, sublicenses and successors and assignees a perpetual, irrevocable, worldwide, royalty-free, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any user content that you submit, post, or display on or through the services. You acknowledge and agree that this license includes a right for GlycanAge to make such user content available to other companies, organizations, or individuals with whom GlycanAge has relationships, and to use such user content in connection with the provision of those services.
You understand that GlycanAge, in performing the required technical steps to provide the services to our users, may
- Transmit or distribute your user content over various public networks and in various media; and
- Make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media.
You acknowledge and agree that this license shall permit GlycanAge to take these actions. You represent and warrant to GlycanAge that you have all the rights, power, and authority necessary to grant the above license.
Report Information. Disclosure of individual-level of Report information to third parties will not occur without explicit consent unless required by law. Note that GlycanAge cannot control any further distribution of Report information that you share publicly on the GlycanAge website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that GlycanAge has no obligation to do so on your behalf.
Your blood sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Report information derived from your blood remains your information, subject to rights we retain as set forth in these Terms and Conditions and Informed Consent Form. You understand that you should not expect any financial benefit from GlycanAge as a result of having your Report information processed; made available to you; or, as provided in our Privacy Statement and Terms and Conditions, shared with or included in aggregated Report information and Self-Reported Information shared with research partners, including commercial partners.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Report information processed and accessing your Report information, or providing Self-Reported Information, you acquire no rights, including but not limited to the intellectual property rights, in any research or commercial products that may be developed by GlycanAge or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Report information or Self-Reported information.
You agree to defend and hold GlycanAge, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of user content you submit, post to, or transmit through the service; your use of the service; your connection to the service; your violation of the Terms and Conditions; or your violation of any rights of third parties.
13. No Resale of Service or Services Content
Unless otherwise agreed in a separate agreement between you and GlycanAge, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the service, use of the Service, or access to the service.
You acknowledge that the services content presented to you as part of the services, whether original GlycanAge services content or sponsored content within the services, is protected by copyright and/or other intellectual property rights that are owned by GlycanAge and/or the sponsors who provide that content to GlycanAge (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the content of this service (either in whole or in part) unless you have been specifically told that you may do so by GlycanAge or by the owners of that content, in a separate agreement.
14. General Practices Regarding Use and Storage
You acknowledge that GlycanAge may establish general practices and limits concerning use of the services, including without limitation the maximum number of days that personal information and services content will be retained by the service, the maximum disk space that will be allotted on GlycanAge’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You acknowledge and agree that GlycanAge has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the services; or for the loss of Report information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that GlycanAge reserves the right to change these general practices and limits at its sole discretion.
15. Modifications of Service
GlycanAge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You acknowledge and agree that
- Modifications may result in a delay in computations for some of the GlycanAge features or services, and
- GlycanAge shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.
The software that you use may from time to time automatically download and install updates from GlycanAge. These updates are designed to improve, enhance, and further develop the services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of your use of the services.
You acknowledge that GlycanAge may offer different or additional technologies or features to collect and/or interpret Report information in the future and that your initial purchase of the service does not entitle you to any different or additional technologies or features for collection or interpretation of your Report information without fee, and that you will have to pay additional fees in order to have your Report information collected, processed, and/or interpreted using any future or additional technologies or features.
The Terms and Conditions will continue to apply until terminated by either you or GlycanAge as set out in this section.
If you want to terminate your legal agreement with GlycanAge, you may do so by notifying GlycanAge at any time in writing, which will entail closing your accounts for all of the services that you use. Your notice should be sent, in writing, to GlycanAge’s address, which is set out in the “Notice” section of these Terms and Conditions, or online. If you provide notice online, GlycanAge will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
GlycanAge may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
- You have breached any provision of the Terms and Conditions;
- GlycanAge is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful);
- The partner with whom GlycanAge offered the services to you has terminated its relationship with GlycanAge or ceased to offer the services to you;
- GlycanAge is transitioning to no longer providing the services to users in the country or state in which you reside or from which you use the services; or
- The provision of the services to you by GlycanAge is, in GlycanAge’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the services may be referred to appropriate law enforcement authorities. You acknowledge and agree that GlycanAge shall not be liable to you or any third party for any termination of your access to the services.
17. Survival of Terms and Conditions
When the Terms and Conditions come to an end, all of the legal rights, obligations, and liabilities that you and GlycanAge have benefited from, been subject to (or which have accrued over time while the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations, and liabilities indefinitely.
18. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with – or participation in promotions of – information providers, vendors, and/or resources found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that GlycanAge shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information providers or resources on the service.
19. Hyperlinks and GlycanAge Website
The service provides, and third parties may provide, links to other sites and resources on the Internet. Because GlycanAge has no control over such sites and resources, you acknowledge and agree that GlycanAge is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GlycanAge 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 on any such content, goods, or services available on or through any such hyperlinked site or resource.
20. GlycanAge’s Proprietary Rights
You acknowledge and agree that GlycanAge (or GlycanAge’s licensors, as applicable) owns all legal right, title, and interest in and to the services, including any intellectual property rights (including but not limited to copyright, trademarks, patents and industrial designs) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GlycanAge and that you shall not disclose such information without GlycanAge’s prior written consent.
You further acknowledge and agree that the services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by GlycanAge, you agree not to – and not to permit anyone else to – modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the services or software or any part thereof, in whole or in part. Software, if any, that is made available to download from the services, excluding software that may be made available by end-users through the services, is the copyrighted work of GlycanAge and/or its suppliers.
Unless you have been expressly authorized to do so in writing by GlycanAge, you agree that in using the services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GlycanAge, in writing. You agree not to modify the Software in any manner or form, or to use modified versions of the software, including without limitation for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by GlycanAge for use in accessing the service. Any rights not expressly granted herein are reserved.
21. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING STATEMENTS.
Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. GlycanAge expressly disclaims 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.
GlycanAge makes no warranty that:
- The services will meet your requirements;
- The services will be uninterrupted, timely, unfailingly secure, or error-free;
- The results that may be obtained from the use of the services will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations and
- Any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from GlycanAge or through or from the services shall create any warranty not expressly stated in the Terms and Conditions.
You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority.
22. Limitation of Liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that GlycanAge shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- The use or the inability to use the services;
- Any action you take based on the information you receive in through or from the services,
- Your failure to keep your password or account details secure and confidential,
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;
- Unauthorized access to or alteration of your transmissions or data;
- The improper authorization for the services by someone claiming such authority; or
- Statements or conduct of any third party on the services.
Notices to you may be made via either email or regular mail. GlycanAge may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on or through the services.
Official notices related to this Terms and Conditions must be sent to us at:
- GlycanAge Ltd., 151 Holland Park Avenue; London, W11
Additionally, GlycanAge accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
24. Changes to Terms and Conditions
GlycanAge may make changes to the Terms and Conditions from time to time. When these changes are made, GlycanAge will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected services.
You acknowledge and agree that if you use the services after the date on which the Terms and Conditions have changed, GlycanAge will treat your use as acceptance of the updated Terms and Conditions.
The Terms and Conditions constitute the entire agreement between you and GlycanAge and govern your use of the services, superseding any prior agreements between you and GlycanAge on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Except for any disputes relating to the intellectual property rights, obligations, or any infringement claims thereof, any disputes with GlycanAge arising out of or relating to this agreement shall be governed by the law of England and Wales regardless of your country of origin or where you access GlycanAge’s website.
The failure of GlycanAge to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Term for cause of action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Admissibility of printed version
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.glycanage.com or notifying you otherwise. If you do not want to agree to changes to the agreement, you can terminate the agreement at any time.
You may not assign or delegate any rights or obligations under the agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GlycanAge for any third party that assumes our rights and obligations under this agreement.
Last updated on May 4, 2017.