a) Prenetics Limited (including its subsidiaries and affiliates, collectively as "Prenetics", "we", "us" and "our") has its principal place of business at 701-706 K11 Atelier, 728 King’s Road, Quarry Bay.
b) "Service" or "Services" means any Prenetics test, product, web application, software, services and website as accessed from time to time by the user, regardless of whether the use or access is paid or not, or in connection with an account or not, and includes any Service provided under the trade name "Circle" which is owned by Prenetics.
c) "Personal Information" is information that can be used to identify you, either alone or in combination with other information. Prenetics collects and stores the following types of Personal Information:
a) Your use of any Service (excluding any service provided by Prenetics under a separate agreement) is subject to these Terms of Service ("TOS").
b) In order to use any Service, you must first agree to the TOS. You may not use the Services if you do not accept the TOS.
c) You can accept the TOS by (i) clicking to accept or agree to the TOS, where this option is made available to you; or by (ii) actually using any Service. You acknowledge and agree that you will be deemed to have accepted the TOS by using any Service.
d) In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such services. In the event of any conflict between those guidelines or rules and these TOS, the specific guidelines or rules will prevail. Prenetics may offer other services from time to time that are governed by different terms of service and will be specifically highlighted to you.
By accessing any Service, you agree to, acknowledge, and represent as follows:
a) You are eighteen (18) years of age or older, and are capable of entering into a legally binding contract with Prenetics.
b) You are not barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you are or will be using the Services.
c) If the Service requires a combined nasal and throat swab, deep throat saliva, stool or blood specimen ("Sample") that is processed by us, you give us permission in accordance with the relevant Informed Consent to process your Sample and disclose the results to you and to others you authorize.
a) The sample collection kit we provide is medical-grade devices with limited shelf life. To ensure that your Sample meets our standards of quality, you are required to return the Sample to us no later than three (3) months after your purchase of the Service. We will not process any Sample that is returned to us more than three (3) months after purchase. Any Sample must be returned within 5 days of collection to ensure the stability of the Sample.
a) You agree to: (i) provide true, accurate, current, and complete Registration Information about yourself; and (ii) update the Registration Information to keep it true, accurate, current, and complete. If Prenetics suspects that any Registration Information you provide is untrue, inaccurate, not current, or incomplete, Prenetics has the right to suspend or terminate your account and refuse any and all current or future use of any Services.
b) For Services involving Samples that are processed by us, the Services are only for use in the country that your sample collection kit is shipped to by Prenetics.
c) For certain Services, you will be required to create an account and agree to the relevant terms of service. If you do not agree to such terms of service, we will be unable to continue with Services until you do so.
d) You are responsible for maintaining the confidentiality of any username and password for your account and are fully responsible for all activities that occur under your account. If you allow third parties to access Prenetics' Services through your account, you will fully defend, indemnify and hold Prenetics harmless against any liability, costs, or damages, including attorney fees, arising out of any claims related to such access and use.
e) You agree to (i) immediately notify Prenetics of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Prenetics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
f) You may stop using any Service at any time. You do not need to inform us when you stop using the Service, unless you request that we delete your Personal Information. By asking us to delete your Personal Information, we will close your account and terminate access to your online account. If account closure is initiated by us for any reason, then we will provide 30 (thirty) calendar days’ notice to you and may suspend access to your account. During this time, we will continue to accept information access requests until the closure date as notified to you.
a) Your use of any Service is subject to the Privacy Statement, which you shall agree to by (i) clicking to accept the Privacy Statement, where this option is made available to you; or (ii) using any Service.
b) You agree that Prenetics has the right to monitor any use of its Services at any time and maintain copies documenting such monitoring.
c) You agree that Prenetics is free to preserve and disclose any Personal Information to law enforcement, governmental, or regulatory agencies, in order to: (i) comply with legal process (such as a judicial proceeding, government inquiry, or regulatory inquiry) or obligations that Prenetics may owe pursuant to ethical and other professional rules, laws and regulations; (ii) enforce the Prenetics TOS; (iii) respond to any claims; or (iv) protect the rights, property, or personal safety of Prenetics, 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, unless doing so would violate the law or a court order.
d) You understand that any Sample once submitted to us is processed in an irreversible manner and cannot be returned to you. Any information derived from your Sample remains your information, subject to the rights we set forth in this TOS.
e) Prenetics may, in its sole discretion, restrict access to its Services, including its website, for any reason.
a) Prenetics’ Services may provide links to other sites and resources on the Internet ("Sites"). Prenetics has no control over such Sites and is not responsible for the availability or accuracy of the Sites and any related content or information.
b) You acknowledge and agree that we 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 the use of or reliance on any such Site.
a) Ownership of Proprietary Rights: You acknowledge and agree that we (or our licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) 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 us and that you shall not disclose such information without our prior written consent.
b) Proprietary and Confidential Information: You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") 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.
c) Limitation on Use of Software: Except as expressly authorized by us, 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 Prenetics and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
d) Trademarks and Other Marks: Prenetics, Circle and other Prenetics logos and product and service names are trade marks of Prenetics and these marks together with any other Prenetics trade names, service marks, logos, domain names, and other distinctive brand features are the "Prenetics Marks". Unless you have agreed otherwise in writing with Prenetics, nothing in the TOS gives you a right to use any Prenetics Marks and you agree not to display, or use in any manner, Prenetics Marks. In addition, you shall 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
e) No Removal of Proprietary notices: You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
f) Limited License to Software: For any Software not accompanied by a License Agreement, we grant you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. 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 Prenetics, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Prenetics, in the manner permitted by the TOS. Unless Prenetics has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 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.
g) Access to any Service: You agree not to access any Service by any means other than through the interface that is provided by Prenetics for use in accessing the Service. Any rights not expressly granted herein are reserved.
a) You expressly acknowledge and agree that:
a) Limitation of Liability: Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, business, opportunity, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
b) Total Liability: Our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to the amount that you have paid, if any, for the Service.
c) Timeframes are approximate: Any timeframes alluded to pursuant to the Services are approximate only and subject to change. Time is not of the essence in this contract and Prenetics does not accept any responsibility or liability for losses arising as a result of any delay if the test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation is to include claims for losses where you have been unable to travel or work.
d) Indemnification: You agree to defend and hold us, and our subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of any Service, your violation of the TOS, or your violation of any rights of another person.
a) Prenetics may make changes to the TOS from time to time. When these changes are made, Prenetics will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
b) You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Prenetics will treat your use as acceptance of the updated TOS.
a) If you violate the terms of these TOS and/or Prenetics has a reasonable ground to suspect that you have violated the terms of these TOS, Prenetics 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).
a) Entire Agreement. The TOS constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements between you and Prenetics on this subject. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
b) Applicable law and arbitration. This Agreement shall be governed by Hong Kong law. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Services and TOS shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The number of arbitrators shall be one and the seat of arbitration shall be Hong Kong.
c) Waiver. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
d) Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
e) Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement from time to time. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 6 (Termination).
f) Assignment. 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, Prenetics for any third party that assumes our rights and obligations under this Agreement.
g) Language. This Agreement is made into Chinese and English. In case of any discrepancies between the English and Chinese versions, the English version shall prevail.