1.2. We may amend the terms in the Agreement from time to time. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. Please note that you shall be solely responsible to regularly review the Agreement and/or the Website. Your continued access to our Website and/or continued use of our Services (including after us making any such amendments to the Agreement and/or Website) shall be deemed to constitute your acceptance of and agreement to be bound by the amended Agreement.
1.3. Your continued use of or access to the Website and/or the Services following the posting of any changes constitutes acceptance of those changes.
2.1.4. “Products and Services” collectively means the entirety of the products and services provided by xNara through the Website, including but not limited to your access to/visiting the Website and/or making of any purchases on the Website;
2.1.5. “User” means any individual who uses the Website; and,
2.1.6. “Website” means www.xnara.com.
3. USER ACCOUNT
3.1. You will need to register an account through the Website and login to the account in order to access and use the Services.
3.2. You will be solely responsible for keeping your account password or any identification we provide you which allows access to the Services to be secure and confidential. You agree to notify us immediately of any unauthorised use of your account or any other breach of security in connection with your account.
3.3. You agree that we reserve the right to refuse providing any part of our Services to anyone for any reason at any time. We may deactivate and/or delete your account at any time if we deem, in our sole discretion, that you have breached the Terms or if your account activities may in our view cause harm to and/or impair the Services or infringe or violate any third-party rights or any applicable laws.
3.4. You agree that we may, in our sole discretion, consider your account to be dormant, if there has been no activity in your account for a period of six (6) months from the last date of activity, and to deactivate and/or terminate your account.
3.5. You agree that we may at any time without notice, suspend or terminate operation of or access to the Website (or any portion thereof) for any reason whatsoever, and/or interrupt the operation of the Website (or any portion thereof) as necessary to perform routine or non-routine maintenance, error correction, or other effect changes. You acknowledge that this may affect your access to your account and/or the availability of any of the Products and Services and you agree that we shall not be required to compensate you for any loss or damage suffered by you as a result of such suspension or termination.
3.6. Please note that different models or versions of routers, browsers and/or devices may have firmware or settings that may be incompatible with the Website. While we may develop the Website to support commonly used devices, we do not warrant in any manner whatsoever the compatibility of the Website with specific devices or other hardware.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website 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 the Website is at your own risk.
4.2. The information on the Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You accept that it is your responsibility to monitor any changes to the Website.
SECTION II: THE WEBSITE AND THE CONTENTS THEREIN
5. OPTIONAL TOOLS
5.1. We may provide you with access to third-party tools over which we neither monitor nor have any control over nor input to. 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.
5.2. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of any of the optional tools offered through the Website 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).
5.3. 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.
6. THIRD-PARTY LINKS
6.1. Certain content, products and services available via the Website 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 for 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.
6.2. 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 relevant third-party.
7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
7.1. 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. In the event we use your submissions in any way and/or in any medium, you agree that the copyright and such other intellectual property rights subsisting in any work created arising out of and/or in relation to such submissions shall belong solely and absolutely to xNara.
7.2. 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.
7.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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.
7.4. 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.
SECTION III: OUR PRODUCTS AND SERVICES
8. OUR PRODUCTS AND SERVICES
8.1. You may purchase the Products or Services from us over the Website.
8.2. Certain Products or Services may be available exclusively online through the website. The Products and Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
8.3. We have made every effort to display as accurately as possible the colors and images of the Products and Services that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
8.4. We reserve the right, but are not obligated, to limit the sales of the Products and 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 of the Products and Services that we offer. All descriptions of the Products and Services pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Products and Services at any time. Any offer for any of the Products and Services made on the Website is void where prohibited.
8.5. We do not warrant that the quality of any of the Products and Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8.6. Prices for the Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue any of the Products and Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products and Services.
8.7. All orders placed by you will be deemed to be irrevocable and unconditional upon transmission through the Website and/or our platform. You may submit your request to cancel and/or vary the orders placed with us, where we shall strive to give effect to your request at our sole and absolute discretion. Nonetheless, we are not legally obliged to give effect to such request(s).
8.8. In the event that any of the Products and Services have been mispriced on the Website and/or our platform, we shall notify you of such cancellation and/or termination in writing. For the avoidance of doubt, we reserve the right to terminate/cancel such orders arising out of and/or in relation to any such mispricing.
8.9. 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 per 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. In the event that we make a change to or cancel an order, we will 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.
8.10. Risk of loss or damage or loss of any of the Products and Services purchased by you shall remain with us until such time the Products and Services are delivered to you. Notwithstanding delivery and passing of risk in the Products and Services to you at the time of delivery, title to the Products and Services shall not pass to you until xNara receives payment in cash or cleared funds for the full price of the Products and Services purchased by you. Until such time, you shall hold the Products and Services as our agent and bailee and undertake keep the same separate from other like goods or property belonging to you.
8.11. Our products are intended solely for general health and well-being enhancement, and they are not a substitute for professional medical advice, diagnosis, treatment, cure, or prevention of any disease. It is essential that you consult with a qualified healthcare professional or physician before starting any new supplement or dietary regimen, particularly if you have any underlying medical conditions or concerns about potential interactions with existing medications.
9. PAYMENT MATTERS
9.1. Payment may be made by one or more of the following methods:
9.1.2. MasterCard; and
9.1.3. Any other payment methods/payment gateways.
9.2. By selecting a particular payment method, you agree to the relevant terms of service of the relevant processing partner and your financial institution. In this regard, you are responsible and liable for any and all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.
9.3. Unless otherwise stated, prices stated do not include GST, bank charges, foreign exchange charges, other taxes, freight, duties, tariffs or any other charges or fees (collectively, “Additional Fees”). For the avoidance of doubt, Additional Fees include any fees or surcharges imposed by the issuer of the payment method that you choose to use. You shall be responsible for any and all Additional Fees (as the case may be).
9.4. We reserve the right to decline any transactions involving the purchase of any of the Products and Services in whole or in part, at any time and without liability or compensation, for any reason, including but not limited to the following:
9.4.1. The particular product and/or service in question out of the Products and Services is unavailable;
9.4.2. We cannot authorise your payment;
9.4.3. You are not allowed to buy the Products and Services;
9.4.4. We are of the view that such transactions may be in breach of the relevant legislation in relation to the Anti-Money Laundering/Combating the Financing of Terrorism;
9.4.5. We are not allowed to sell the Products and Services to you; or
9.4.6. There has been a mistake on the pricing or description of the Products and Services.
9.5. If you are under the age of 18, you may only purchase the Products and Services with parental consent.
9.6. In the event that you have made payment for the Products and Services in respect of an order which has been cancelled or terminated, we shall refund to you the price paid. For the avoidance of doubt, the refund shall exclude any Additional Fees, fees or surcharges imposed by third-parties, such as credit card providers or third-party payment systems.
10. ANNUAL SUBSCRIPTIONS
10.1. The following terms apply to all Personalized Supplements:
10.1.1. Annual Personalized Gut & Advance Complements comes with Microbiome x1 Test Kit (2 time) & DNA Test Kit (1x One time only) per plan year (as specified in the applicable Service description) bundled with an annual Subscription.
10.1.2. Annual Subscriptions (Gut & Advance Complements) avoid the need for you to purchase Test Kits separately. All Annual Subscriptions with a Test Kit will have a Cancellation Fee equivalent to one (1) month’s Subscription Fee. Please review the terms below on Subscription Cancellation or Pause for further details applicable to annual Subscription Services cancellations.
10.1.3. For Gut & Advance Complements, there is a minimum subscription period of 3 months for orders placed internationally (excluding India) and 6 months for orders placed in India.
10.1.4. You may also contact xNara’s Customer Service on any questions or for further guidance on Annual Subscription Cancellations using the information below: Submit online: Visit Speak to us – Xnara.
SECTION IV: MISCELLANEOUS
12. ERRORS, INACCURACIES, AND OMISSIONS
12.1. Occasionally there may be information on our site or in the Products and Services that contains typographical errors, inaccuracies or omissions that may relate to product/service 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 Products and Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
12.2. We undertake no obligation to update, amend or clarify information in the Products and Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products and Services or on any related website, should be taken to indicate that all information in the Products and Services or on any related website has been modified or updated.
13. INTELLECTUAL PROPERTY
13.1. We and our licensors (where applicable) own all right, title and interest, including all related intellectual property rights in relation to the Website. Nothing in the Agreement shall be construed as conveying to you any rights to or interests in the Website, or any other intellectual property rights owned by us and/or our licensors.
13.2. By using and/or uploading any content on the Website, you grant us and our sub-licensees the royalty free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license (without any territorial or time limitations and without requiring any approvals and/or compensations) to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part) and/or incorporate such content into existing or future forms of work, media or technology.
14.1. By using the Services, you agree that you shall indemnify and hold xNara, its licensors and each such party’s affiliates, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees on a full indemnity basis) arising out of or in connection with your use (or misuse) of the Products and Services, or breach of any of the Terms, or violation of any thirty-party rights or any applicable law or regulation (whether or not referenced herein).
15. LIMITATION OF LIABILITY
15.1. To the maximum extent permitted by the applicable law:
15.1.1. We do not assume any responsibility or liability for (i) any content generated by users of the Products and Services or for any loss or damage resulting therefrom or, (ii) any mistakes, slander, omissions, falsehoods, defamation, libel, obscenity, pornography or profanity you may encounter when using the Products and Services. You agree that your use of the Products and Services is at your risk; and
15.1.2. Our total liability for any claim arising from or in connection with the use of the Website, our platform and/or the Products and Services shall be limited to the amount you paid to xNara for use and/or access the Products and Services in the past one (1) month (where applicable).
15.2. 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.
16. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
16.1. By using our Services, you represent, warrant and undertake as follows:
16.1.1. You are at least 18 years old and have the legal capacity to enter into the Agreement;
16.1.2. You agree that you will provide accurate, current and complete information for the account registration and update your information in a timely manner to keep it accurate, current and complete at all times. You further agree that that if your information is found to be untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate the Agreement and your use of the Services at any time without notice;
16.1.3. You agree to assume full responsibility and liability for all loss or damage suffered by you, xNara or any other party as a result of your breach of the Agreement;
16.1.4. You will not create, upload, transmit or distribute on the Website and/or our platform any content that is threatening, inflammatory, abusive, inaccurate, defamatory, obscene or otherwise objectionable or illegal under the laws of the Republic of Singapore and/or the laws of the country where you access the Website and/or our platform;
16.1.5. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to undermine xNara’s operations and/or to disrupt the functionalities of the Website;
16.1.6. You will not obtain or attempt to obtain unauthorised access to such parts of the Website and/or our platform, or to any other protected information, through any means not intentionally made available by us for your specific use.
16.1.7. You will not attempt to interrupt, harm or damage the Website in any manner whatsoever and will not impair or circumvent the proper operation of the network which the Services operate on;
16.1.8. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services (or any part thereof);
16.1.9. You will not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access other accounts without permission, or perform any other similar deceitful activities; and
16.1.10. You will not use the Services for any unlawful purposes or in violation of any applicable laws.
16.2. You expressly agree that your use of, or inability to use, any of the Products and Services is at your sole risk. The service and all products and services delivered to you 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.
17.1. The obligations and liabilities of the parties incurred prior to 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 our Services, or when you cease using our site.
17.2. If in our sole and absolute 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).
18.1. We make no representations, warranties or guarantees of any kind whatsoever:
18.1.1. As to the suitability, accuracy or completeness, reliability, timeliness, quality, availability of the Website; and
18.1.2. That the use of the Website will be secure, uninterrupted, free of errors or other harmful components or that it will meet your requirements or expectations or that any stored data will be accurate or reliable or the quality of any products, services, information or other materials purchased or obtained by you through the Website will meet your requirements or expectations.
18.2. The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party provider being faulty, not connected, out of range, switched off or not functioning. We shall in no way be responsible for any such delays, delivery failures, damages or losses resulting from or in connection with such issues.
18.3. We do not guarantee, represent or warrant that your use of any of our services (including but not limited to the Products and Services and/or the Website) will be uninterrupted, timely, secure or error-free.
18.4. We do not warrant that the results that may be obtained from the use of any of our services (including but not limited to the Products and Services and/or the Website) will be accurate or reliable.
19.1. This Agreement comprises the entire agreement between you and xNara with respect to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.
19.2. Unless otherwise stated herein, any rights conferred to you under the Terms and/or the Agreement (as amended from time to time) shall not be assigned by you without our prior written consent. However, such rights may be assigned by us without your consent. Nothing contained in the Terms shall be construed as creating any agency, partnership, or other form of joint venture with us.
19.3. Any omission or delay on the part of xNara in exercising any right, power or privilege under this Agreement shall not operate as a waiver of such rights.
19.4. Save as provided for in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any terms of this Agreement.
19.5. Each provision of this Agreement is severable and distinct from the others and every provision of it shall be and remain valid and enforceable to the fullest extent permitted by law. If any provision is or at any time becomes to any extent invalid, illegal or unenforceable for any reason, it shall to that extent be deemed not to form part of this Agreement but the validity, legality and enforceability of the remaining parts of this Agreement shall not be thereby affected or impaired.
20. DISPUTE RESOLUTION
20.1. The Agreement and the Terms shall be governed by Singapore law.
20.2. Any disputes, actions, claims or causes of action arising out of or in connection with the Terms, Policies or the Services shall be referred to the Singapore International Arbitration Centre (“SIAC”) and settled by arbitration in accordance with the Rules for Arbitration of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The Tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC, and any award by the arbitration tribunal shall be final and binding upon the parties.
21. CONTACT INFORMATION
21.1. Any queries or questions in relation to the Terms should be sent to us at firstname.lastname@example.org.