Terms & Conditions
This page (together with the documents referred to on it) explains the terms and conditions on which we, Sequence Nutrition Limited, supply any of our Products ("Products") listed on the website (vitl.com) (our "Site") and application (our “App”) to you or sold via mail or any other retailer. Please read these Terms & Conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.INFORMATION ABOUT US
"Vitl" is the trademark or registered trademark of Sequence Nutrition Limited and/or our affiliates in the United Kingdom and in other countries. Vitl is a trading name of Sequence Nutrition Limited. Sequence Nutrition Limited is registered in England.
Company number: 08950815
18a/20 King Street, Maidenhead, Berkshire, SL6 1EF, United Kingdom
PO Box 77502, London, SW1P 9LN, United Kingdom
We offer our Products through vitl.com, vitl-cbd.com and our App, all of which are operated by Sequence Nutrition Limited
3. SERVICE AVAILABILITY
Our Products are currently only available to be ordered by individuals resident in the UK, Europe and the United States, with the exception(s) of the DNA Test Kit which can only be ordered by customers residing in the UK and selected countries in mainland Europe (Netherlands, Germany, Spain, Portugal, Italy, Belgium, Denmark, Ireland, Greece). The Blood Test Kit can only be ordered by customers residing in the UK.
4. YOUR STATUS
By placing an order through our Site or App, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing your order via our Site or App for Products, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available.
5.2 Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled as soon as reasonably possible, and in any event within 30 days after the day we accept your order unless there are exceptional circumstances or we have notified you of out of stocks or delays.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7. RISK AND TITLE
7.1 For all orders for delivery in mainland UK, Northern Island, the Channel Islands and the Isle of Man, the Products will be at your risk from the time of delivery.
7.2 For all orders for delivery outside of mainland UK, Northern Island, the Channel Islands and the Isle of Man, all ownership, title and risk of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charge. The prices payable for goods are inclusive of delivery fees and UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that we have no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the risk has transferred to you.
8. PRICE, PAYMENT, CANCELLATION and OFFERS
8.1 This section refers to all products except Vitl Pro, which is detailed later in the document - refer to Section 12.13. The price of any Products (including any applicable delivery costs) will be as quoted on our Site and App and in promotional material from time to time, except in cases of obvious error.
8.2 Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
Payment and Cancellation
8.3 Our free trials convert on the last day of your trial (for example, a two week trial converts on the fourteenth (14) day of your trial) to a recurring periodic monthly subscription (which is billed every 28 or 30 days, depending on the product). If you do not wish to be enrolled into a monthly subscription, you can cancel your account at any time up to the last day of your free trial. You can cancel your account by following the steps at clause 8.5 below.
8.4 By subscribing to Vitl you are agreeing to pay recurring periodic subscriptions for an indefinite time until your account is cancelled by you or us. The price for this subscription is as set out on our site, and App.
8.5 To cancel your subscription, please follow these steps:
- Log into your account on the Site under 'Account'
- Click on the 'Account' section'
- Hover over your name on the right-hand side of the page and click ‘Orders’
- Click on an active subscription and under ‘Manage’, click ‘Cancel subscription’
- Click 'I still want to cancel’
- State your reason for cancelling or pausing your account
- Click ‘Next'
- Click ‘Cancel my subscription’
8.6 If you would like to pause your subscription for up to a maximum of twenty-one (21) weeks, you can do so by following steps 1-3 of clause 8.5 above and clicking on ‘Pause subscription’ button and choosing when you would like your subscription to restart. The 'pause' will be activated when you click the 'Pause' button, and will restart at the end of the paused period (maximum 21 weeks). If you do not manually restart your subscription by logging into your account before the end of the pause period, your subscription will automatically restart. If you wish to cancel your subscription entirely, you can do so at any time by following the steps at clause 8.5 above.
8.7 We reserve the right, at our absolute discretion, not to renew your subscription at any time without giving any reasons for our decision.
8.8 Depending on your use of our Services, you may be asked if you would like to update your supplement pack. By indicating that you would like your pack to be updated, you agree that Vitl will stop sending you the previous pack of supplements and will instead start sending you the new, updated pack. This only applies to packs that have not already been dispatched.
8.9 Notwithstanding clause 9.1, our refunds policy applies only to the most recent order you have made. Previous or historic orders will only be refunded at our entire discretion.
Offers and promotion codes
8.10 Any promotion code or offer provided on our Site and App cannot be used in conjunction with any other promotion (current or historical) and may be subject to additional terms and conditions (such as expiry date/time) which will be shared at the point of publication and are subject to availability.
8.11 Each promotion code or offer may be used only once per customer. If more than one customer is registered at the same delivery address our promotion code or offer may only be used by one customer registered to that address (on a one per household basis).
8.12 If it is found that more than one promotion code or offer has been used by the same customer or more than once per household: (1) only one product will be dispatched and the other orders cancelled. In such instances, we will notify you as soon as reasonably possible and refund you for any charges that may have been incurred on purchase; (2) if we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as fraudulent activity; (3) for any order which has already been dispatched and, in our reasonable discretion, is deemed to be fraudulent, we reserve the right to charge the Product's Recommended Retail Price (per fraudulent order, without the promotional discount), and any other reasonable charges which we may incur.
8.13 We reserve the right to withdraw or terminate any of our promotion codes or offers at any time. On withdrawal or termination, the promotion codes or offers may not be used for any orders placed after the date of such withdrawal or termination. We reserve the right to reject the use of any promotion codes or offers where fraud is suspected.
8.14 On rare occasions, our promotion codes may calculate incorrectly and therefore are incorrectly applied to your basket at checkout. In this event, we shall notify you as soon as we become aware, but in any event prior to your Products being dispatched, and reserve the right to cancel the order. Should this occur, you shall be given the option to cancel or amend your order in line with how the promotion code should have been correctly applied.
8.15.1 You will only receive referral credit when your friends and family sign up for a free trial and enter a valid email address. Your referral credit will be automatically applied to your account and can only be redeemed against subscription Products.
8.15.2 Referral credit is limited to £/$/€ 60.00. Any amount credited over this figure is entirely at our discretion.
8.15.3 Referrals cannot be used in conjunction with any other offers.
8.15.4 Our referral scheme is entirely at our discretion and can be altered or withdrawn at any time.
8.15.5 You may refer a maximum of one person per household. If your referral exceeds this limit, we may decide to count this as a fraudulent referral.
8.15.6 You cannot refer yourself - if we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as a fraudulent referral. For any referral which we deem to be fraudulent, we reserve the right to cancel the referred transaction, and to refuse to credit your existing account with any referral credit.
8.15.7 When sharing your referral with friends and family, you may not mimic or misrepresent Vitl or otherwise mislead people to believe that they are dealing with Vitl, one of our agents or affiliates.
9. OUR REFUNDS POLICY
9.1 This section refers to all products except Vitl Pro, which is detailed later in the document - refer to Section 12.13. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 14 working days of the delivery of the goods in question.
9.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at our contact address of the problem within 37 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
9.2.1 to make good any shortage or non-delivery.
9.2.2 to replace any goods that are damaged or defective; or
9.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. We will usually refund any money received from you for the Products using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as reasonably possible and, in any case, within 30 days of the day we received your cancellation or within 30 days of the day we confirmed to you via letter or email that you were entitled to a refund of the price of the Products.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 9.2.3 above.
9.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site and App. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.6 If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
9.7 If you are not home when the Product is delivered, and you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 8.7 will apply.
9.8 If you enter incorrect details on your account, including but not limited to, your name, email address, delivery address and/or card details and you do not notify us within three (3) days of setting up the account, we will have no liability to you if your Products are not delivered to you.
9. 9 We may end the contract for a Product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 working days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, including but not limited to delivery address or card details as required (c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
9.10 If we end the contract in the situations set out in clause 9.9 we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract
9.11 Vitl will not assume responsibility nor liability for damaged products or delivery delays/problems when provided by third party organisations. Vitl Products will not be refunded or exchanged if purchased through or provided by third party organisations, retailers, wholesalers or resellers. You should carefully review the Terms & Conditions and privacy policies of all off-Site pages and other Sites that you visit and/or order from.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our Site and App is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our Site and App is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or for fraud, or your statutory rights as a consumer.
10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
11. WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site and App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site and App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 Where appropriate, Sequence Nutrition Limited reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
12. SEQUENCE NUTRITION LIMITED WEBSITE AND APP – TERMS OF USAGE
These terms and conditions also set forth the legally binding terms for your use of the website (vitl.com) (our Site) and our application (our App). Only private individuals aged 18 years or over are permitted to register for use of the Site and App. By using the Site and App you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you should leave the Site or App immediately.
Sequence Nutrition Limited aims to provide up to date and accurate information on its Site and App. However there can be no guarantee as to the accuracy of the information on the Site and App.
Your data or information generated from the usage of our Site and App may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of Sequence Nutrition Limited.
12.1 Accessing the App
If you're using the App outside a Wi-Fi area, the terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you are accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
We may modify these Terms & Conditions of use from time to time and such modification shall be effective upon posting on the Site and App. By continuing to use the Site and/or App, you agree to be bound by these Terms & Conditions as amended.
12.3 Your Account and Password
When you set up an account with us, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. You agree to notify us immediately by emailing firstname.lastname@example.org if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
12.4 Proprietary rights in content on the websites and App
12.4.1 The Site and App contain content owned by us ("Content"). The Content is protected by copyright, trademark, patent, trade secret and other laws and we retain all rights in the Content, the Site and App. We hereby grant you a limited, revocable, non-sublicensable license to retrieve and display the Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Site and place orders via the Site and App. You may retrieve and display the content of the Site and App on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Content on the Site and App without prior written permission from Sequence Nutrition Limited. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us or for which we may become liable for (including but not limited to), all damages awarded against us under any judgement by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
12.4.2 any claim by any third party that the use of the Site or App by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
12.4.3 any claim by any third party that the use of the Site or App by you infringes that third party's copyright or other intellectual property rights of whatever nature;
12.4.4 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site or App by you; or
12.4.5 other than claims arising from the use by you of the Site or App to order Product(s) in the normal manner.
12.4.6 The Site and App contain content owned by other licensors to us ("Third Party Content"). You may not, unless and to the extent otherwise specifically authorised by us, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Site or App. You may retrieve and display content from the Site or App on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Site or App and make reasonable use of the Site or App.
12.5 Content/activity prohibited
The following is a non-exhaustive list of the types of activity that is illegal or prohibited on the Site and App. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
12.5.1 criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trademark infringement, breach of confidence or theft of trade secrets;
12.5.2 covering or obscuring the banner advertisements on any page on the Sites or App via HTML/CSS or any other means;
12.5.3 any automated use of the system such as using scripts to perform automated operations;
12.5.4 interfering with, disrupting or creating an undue burden on the Site or App or the networks or services connected to the Site or App;
12.5.5 attempting to impersonate another user or person. For the avoidance of doubt, this includes but is not limited to, creating fake accounts;
12.5.6 using the account or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
12.5.7 using any information obtained from the Site or App to harass, abuse, or harm another person;
12.5.8 using the Site or App in a manner inconsistent with any and all applicable laws and regulations;
12.5.9 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
12.5.10 making available or uploading files that contain software or other material, data or information not owned or licensed to you or collecting information about others (e.g. names/addresses) without their prior consent;
12.5.11 gaining unauthorised access to other computer systems;
12.5.12 breaching any laws concerning the use of public communication networks;
12.5.13 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
12.5.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
12.5.15 falsifying the true ownership of software or other material or information contained in files made available via the Site or App; or
12.5.16 obtaining or attempting to obtain unauthorised access, through whatever means, to the Site or App or computer systems or areas of our or any of our partners' networks which are identified as restricted;
12.5.17 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
12.5.18 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
12.5.19 interfering with any other person's use or enjoyment of the Site or App; or
12.5.20 interfering or disrupting networks or websites connected to the Site or App.
The Site and App may contain links to other websites or applications but we are not responsible for the content, accuracy or opinions expressed on such websites or applications, and such websites and applications are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website or application on the Site and App does not imply approval or endorsement of the linked website or application by us. When you access these third party sites or applications, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Site or App, nor do we take any responsibility for the goods or services provided by its advertisers. We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Site or App. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or App or combination thereof, including any injury or damage to users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Site or App. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site or App, from any content posted on or through the Site or App, or from the conduct of any users of the Site or App, whether online or offline. The Site and App is provided "AS-IS" and as available and we make no representations or warranties of any kind as to the Site or App or the content thereof, including without limitation, as to availability of the Site or App for access and use.
Your access to the Site or App may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new features. We will make reasonable attempts to limit the frequency and duration of any such suspension or restriction. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site or App. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by negligence.
You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site or App in violation of these terms and conditions and/or arising from your use of or conduct on the Site or App and/or a breach of these terms and conditions.
12.8 Our Products
12.8.1 Products and its packaging may vary slightly from their pictures. The images of the Products on our Site and App are for illustrative purposes only. Although we have made every effort to display the Product accurately, your product may vary slightly from these images.
12.8.2 We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; (b) to reflect new findings in scientific and nutritional research; and (c) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product. If we make material changes to our Products, we shall inform you in writing of these changes and any relevant impact this may have on your use of the product.
12.9 The Blood Test Kit
12.9.1 The blood test kit service consists of (a) delivery of a blood sample kit ("Kit") ; (b) a Vitl account (if you do not already have one), including emails being sent by us to the user; (c) blood testing which is carried out by a Laboratory; (d) preparation of a report containing general healthcare and lifestyle advice relating to the type of blood testing carried out by the Laboratory ("Report") produced by Vitl's in-house Nutritionist, which will be presented to you through your Vitl account dashboard, on both the Website and the App.
12.9.2 The blood testing process is conducted by a Laboratory engaged by Vitl. We reserve the right to change the blood test kit supplier and/or Laboratory from time to time without notice. We will pay for the blood testing services on your behalf.
12.9.3 If you have any questions about the blood test kit service, please email email@example.com and the team will get back to you. This service does not include any phone or in-person consultation with a Nutritionist.
12.9.4 Sequence Nutrition will endeavour to ensure that the Laboratory perform the service with the best skill, care and diligence in accordance with the best practice in their profession.
12.10 The Blood Testing Process
12.10.1 We will post the blood test kit to you on the next working day after we have accepted your order and you have completed the required information, namely your date of birth. Using this kit and following the instructions enclosed, you will collect your own blood sample in accordance with the blood collection protocols provided.
12.10.2 You must register your blood test kit on https://vitl.com/kit before taking your sample. This is done using the barcode provided in the instruction booklet and on the sample request form.
12.10.3 The instruction booklet contains information on how to take and submit your blood sample. A sample request form is also included on which you must include your personal details, as well as on the label which is attached to the blood sample. You acknowledge that blood samples that are not fully and correctly labelled cannot be processed. It is not possible to make changes to the request form once it has been sent to the Laboratory.
12.10.4 The validity of the kit will expire 60 days after delivery, so you are required to provide and post your blood sample to the Laboratory at the address provided within that period. You acknowledge that test outcomes depend on the quality of the blood sample provided by you and you thus agree to adhere to the blood collection protocols provided. If you do not follow these protocols a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re-testing free of charge if a partial result is reported by the Laboratory, and similarly if your blood sample was clotted at the time of receipt by the Laboratory.
12.10.5 The Report will typically be available within 2-7 working days from the day your blood sample is received by the Laboratory. We will notify you by email that your Vitl dashboard has been updated accordingly.
12.10.6 By taking this test, you agree to discussing and providing your GP with a copy of any abnormal test results within the specified time mentioned in the reports.
12.10.7 The blood test kit and process is not currently available to customers in locations outside the United Kingdom. Customers access our Site and the Services on their own initiative and are responsible for compliance with local laws.
The information included in the report is only relevant to the individual who completed the blood test. The information should not be used for the diagnosis or treatment of medical conditions. Sequence Nutrition has used all reasonable care in obtaining the information but makes no warranty as to its accuracy. Consult a doctor or other health care professional for diagnosis and treatment of medical conditions. Sequence Nutrition attempts to provide the services using a commercially reasonable level of skill and care.
12.11 The DNA Test Kit
12.11.1 The DNA test kit service consists of (a) a DNA test kit delivered to an address which you specify ; (b) DNA analysis which is carried out by a Laboratory (as further detailed in clause 12.11.3) ; and (c) preparation of a report containing personalised healthcare and lifestyle advice relating to the results of the DNA testing carried out by the Laboratory ("Report") produced by Sequence Nutrition. The results will be provided to you via the App and/or on the website, available on your Vitl account dashboard. By purchasing a DNA kit, you consent to having your saliva sample analysed by the Laboratory and the data processed and stored by Vitl.
12.11.2 You must register your DNA test kit on https://vitl.com/kit and agree to the Informed Consent document before taking your sample. This is done using the barcode provided in the instruction booklet or on the tube. This is our method of anonymising your sample.
12.11.3 The DNA testing is carried out by a Laboratory engaged by Sequence Nutrition. We reserve the right to change the DNA test kit supplier and/or Laboratory from time to time without notice. We will pay our suppliers directly for both the DNA kit and the DNA testing services on your behalf.
12.11.4 If you have any questions about the DNA test kit service, please email firstname.lastname@example.org and the team will get back to you. This service does not include any telephone or in-person consultation with a Doctor.
12.11.5 Sequence Nutrition will endeavour to ensure that the Laboratory perform the service with the optimal skill, care and diligence in accordance with the best practice in their profession.
12.12 The DNA Testing Process
12.12.1 We will post the DNA test kit to you on the next working day after we have accepted your order. This test kit is for you to collect your own saliva sample and it contains instructions as to how to submit your DNA sample to the Laboratory.
12.12.2 The validity of the DNA test kit will expire after 30 days of delivery, so you are required to provide and post your DNA sample to the Laboratory at the address provided within that period. You acknowledge that test outcomes depend on the quality of the DNA sample provided by you, so you agree to adhere to the DNA collection protocols provided in the instruction manual. If you do not follow these instructions, a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re-testing free of charge if a partial result is reported by the Laboratory.
12.12.3 The Report will usually be available within three weeks from the date your DNA sample is received by the Laboratory. We will notify you by email that your Vitl dashboard has been updated accordingly.
12.12.4 If there is any excess DNA from your sample, it will be destroyed by the Laboratory.
12.12.5 The DNA test kit and process is not available to customers in locations outside the United Kingdom, the United States, and selected countries in mainland Europe (Netherlands, Germany, Spain, Portugal, Italy, Belgium, Denmark, Ireland). Customers access our Site and the Services on their own initiative and are responsible for compliance with local laws.
The information included in the report is only relevant to the individual who provided their DNA specimen and completed the DNA test procedure. The information should not be used for the diagnosis or treatment of medical conditions. Sequence Nutrition has used all reasonable care in obtaining the information but makes no warranty as to its accuracy. Consult a doctor or other health care professional for diagnosis and treatment of medical conditions. Sequence Nutrition attempts to provide the services using a commercially reasonable level of skill and care.
Genetic and microbiome profiling is an evolving science and therefore your profile may change as the science evolves. Future research may show that previous research in inaccurate and this may change the interpretation of your DNA test.
12.13 Vitl Pro Subscription
12.13.1 This section applies when you subscribe to Vitl Pro. By paying the subscription fee, you will have access to Vitl Pro during the time your subscription is valid, subject to these Terms.
12.13.2 All subscriptions with Vitl Pro are paid in advance and up front. You may cancel your membership at any time, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Vitl Pro through the use of App Store or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found on the mobile application. Vitl reserves the right to change the subscription fees on occasion without notice.
12.13.3 The subscription you've purchased remains active until it reaches its expiry date even when you cancel it right after the purchase. Default in payment shall not be deemed as a cancellation of a Vitl Pro subscription.You can choose to turn off automatic renewals for your subscription, which will prevent renewal on expiration. This can be done via the App Store, apple.com or Apple Support.
12.13.4 You hereby consent to start using the Services immediately upon subscribing to Vitl Pro. You will only have 14 days to withdraw from the contract with Vitl from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. Any prepaid fees will be refunded within 30 days. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple's consent. To use your right of withdrawal you must contact Apple. If you would like to contact Apple, please click here.
12.13.5 You will need to refer to the FAQs (https://vitl.com/contact) on the Vitl website (https://vitl.com) to understand how to cancel your subscription with in-app purchases. Detailed steps can be located for iOS 10 and iOS 11.
12.13.6 You can at any time choose to cancel your account. Please be aware that uninstalling the mobile app or closing your account will not automatically stop your subscription - you must actively cancel the subscription.
12.13.7 While being subscribed to Vitl Pro you will already be receiving a discount across product ranges, therefore you will not be able to apply another discount (i.e. promo code, coupon) on top of this. However, if the discount coupon or promo code is larger than the 10 percent Vitl Pro discount, the larger code will be applied and will override the 10 percent. Special terms and conditions may apply.
12.13.8 Once your subscription plan ends, your previously selected plan will automatically be renewed and your account charged unless you inform Apple that you are no longer interested in a Vitl Pro subscription through the stipulated cancellation process.
All notices given by you to us must be given to Sequence Nutrition Ltd T/A Vitl, PO Box 77502, London, SW1P 9LN or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section 11 of this document. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
15.2.4 Impossibility of the use of public or private telecommunications networks.
15.2.5 The acts, decrees, legislation, regulations or restrictions of any government.
15.2.6 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17.4 The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
17.5 If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our Sites and App will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
20.1 Our Products are not intended to treat, cure or prevent any disease, nor is the information supplied on our website and App, blog or other promotional material intended to replace the individual advice available from your own doctor.
20.2 Our consultation (available on the App and Site) will recommend a tailor-made combination of Products, as well as dietary and lifestyle advice. If you have a recurring or previously diagnosed health condition that concerns you, or are taking prescription medication, upon purchase of our products you agree to seek medical advice from your GP before taking our Products and/or making dietary and lifestyle changes.
20.3 If you experience an adverse reaction, stop taking our Products and seek medical advice immediately.