The term ‘Bioviva UK Ltd.’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is C/O Fieldfisher Riverbank House, 2 Swan Lane, London, United Kingdom, EC4R 3TT. The term ‘you’ refers to the user or viewer of our website.
Commentary and other materials posted on this site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
1. Updates and Disclaimer.
The BioViva epigenetic age determination test is not intended to be health information or medical data or to be used to screen, diagnose, treat, prevent or assess risk of any disease or condition. The service is an epigenetic age determination test grounded on scientific research that uses marks on numerous places on your DNA, called methylation, which is an epigenetic phenomenon. The BioViva service is available for individuals 21 years of age or older. This service has not been cleared or approved by U. S. Food and Drug Administration.
2. Ordering the Service.
You promise that you are 21 years of age when ordering the Service and agree and acknowledge to this requirement for ordering the Service. Further, you agree to provide a sample (“Sample”) under your order and that we own the Sample material (“DNA”, “RNA”, or “protein”) and data generated therefrom once it is received. This means we may use this sample and data generated from the sample for our purposes for improving our understanding of biological age without limitation. Once you submit your order for the Service, we will not cancel the order or refund your fee. The fee we charge you is a processing fee, which we do not refund even if we cannot complete the Service for any reason; for example due to sample or processing problems or issues, or if you change your mind immediately after ordering or if the report we provide to you is not to your liking. This is true regardless of how soon after submission you might attempt to request cancellation of the order. Therefore, please review ALL information carefully prior to ordering the Service via the Site. You may order for others such as for family members or friends, but each such individual must create their own account to activate their Sample kit on our Site. We will report the result of the BioViva test determined from our analysis of your sample in a report comprising a biological age determination only. No other data related to the analysis or our methodology will be provided (e.g. the DNA methylation value and CpG loci used for our analysis will not be reported; no information on our algorithm will be reported). Your report will be accessible from our website or mailed to you upon request. We reserve the right to change the format and content of the report at any time for any reason and may do so from time to time.
We provide you one sample collection kit including instructions for use for sample types of urine or blood (vacutainer or lancet) (collectively, “Sample”) based on your selection on the Site. This Sample kit is designed to provide for enough sample material (“DNA”) for processing and performing the BioViva epigenetic age determination service (the Service”) two times. If your Sample does not provide enough DNA we will notify you and send one replacement Sample kit for a second attempt to process your Sample. If the replacement Sample kit does not provide enough DNA for performing the Service, you agree this terminates the order and agree that must pay for any replacement Sample kit or re-order paying for Service again.
By ordering the Service and using the Site you agree, acknowledge and promise the following is true and that you have the legal authority in the jurisdiction in which you reside to make these statements:
5.1 You understand and acknowledge that the Service and its BioViva epigenetic age determination Service is not intended to be health information or medical data or to be used to screen, diagnose, treat, prevent or assess risk of any disease or condition.
5.2 You give permission for BioViva and the Research Laboratory or other associates to process your Sample and perform the epigenetic age determination on the Sample and to use the Sample and data generated therefrom per these Terms.
5.3 You represent that you are an individual person and are 21 years of age or older and are legally authorized to order the Service.
5.4 You understand that by providing your Sample processed for the Service that you do not acquire any rights to any intellectual property of any kind in the Service or improvements made to the Service or new Services or products made therefrom.
5.5 You promise that you are not a covered entity or business associate of a covered entity as defined under federal law or an insurance company or employer seeking information on a policy holder or employee.
5.6 You promise that the information that you provide for the Service is accurate to the best of your knowledge and that the Sample is your sample.
7. Copyright, Trademark and Intellectual Property.
All materials on the Site, including but not limited to written content, images, illustrations, downloads, audio clips, and video clips (“Material”) are owned or controlled by BioViva and are protected by worldwide copyright laws (as well as trademark and other applicable intellectual property laws). You may download Material only for your personal, non-commercial purposes (viewing, reading and retaining for reference) but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTION, OR DUPLICATING OF ANY OF THE MATERIAL (WHETHER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES) IS PROHIBITED. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BioViva or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of BioViva , or its associates (e.g. Research Laboratory or other associate), or any third party.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws.
To register for the Service, you will create login credentials by providing an email address to us and by selecting a username and password. You also provide us certain information during the registration process, which you agree to keep accurate and updated. Each login is for a single user only. You are not allowed to share or disclose your login credentials with any other user or person. We may cancel or suspend your access to the Service and Site if you share your credentials. You will be responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials, and for all charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms. You must be 21 years or older to use the Service and Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
10. Third Party Content.
The Services may contain third-party owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of BioViva. BioViva is not responsible for the content or privacy practices of the Linked Sites.
11. Disclaimer of Warranties.
THE SERVICE IS PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE SITE FROM TIME TO TIME. IF YOU RELY ON THE SERVICE AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIOVIVA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY BIOVIVA, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATA DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THROUGH THE SITE, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE BIOVIVA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. BIOVIVA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE BIOVIVA DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE.
12. Limitation of Liability.
IN NO EVENT WILL THE BIOVIVA OR ITS RESEARCH LABORATORY, ASSOCIATES OR AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY OR ANY OTHER BASIS, EVEN IF THE BIOVIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BIOVIVA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You shall indemnify and hold harmless BioViva, including its officers, directors, employees, and agents including its Research Laboratory associate and other associates from any and all liability, claims, loss, damages, expenses, or judgements (including court or arbitration costs and attorneys’ fees) arising from an act or omission or representation of you for violation of the Terms or use of the report and data generated from the Service performed by BioViva. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
14. Governing law and Dispute Resolution.
This Agreement shall be construed and interpreted in accordance with the laws of the state of Delaware without regard to conflict of law principles. Both parties to this Agreement agree that disputes may arise from time to time with regard to either party’s rights or obligations under this Agreement and further agrees to negotiate in good faith for at least sixty (60) days to seek resolution of any such dispute before third parties may be asked to interpret this Agreement for any such dispute. The parties also agree that all such remaining disputes shall be resolved by final and binding arbitration by a panel of three (3) arbitrators designated by the American Arbitration Association (“AAA”) by its rules for complex commercial transactions in effect on the effective date of this Agreement. Any arbitration under this Agreement shall be in the UK. Except as required by law, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content and result of the arbitration in confidence. Nothing in this clause shall be construed to preclude a party from seeking injunctive relief to protect its rights pending arbitration. A request by a party to a court for such injunctive relief shall not be deemed a waiver of the obligation to arbitrate. By using the Service, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
BioViva may terminate this agreement for any reason at any time. BioViva reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
No Waiver. The failure of BioViva to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BioViva as a result of these Terms or your access to and use of the Services. Unless otherwise specified herein, the Terms constitute the entire agreement between you and BioViva and govern your use of the Service and Site. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.