OVERVIEW

This Website is operated by Know Your Genotype, LBG. The following Terms of Service and Conditions (“Terms”) govern your use of the Know Your Genotype Website, located at https://knowyourgenotype.org Throughout the Website, the terms “we”, “us” and “our” refer to Know Your Genotype. Know Your Genotype offers this Website (the “Website”), including all information, tools (collectively, “Content”) and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using this Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by all of these Terms. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content. Please read these Terms in full before using our Website. By accepting these Terms or using this Website you agree that you are legally bound by these Terms, our Limitation of Liability, our Shipping and Returns Policy and our Privacy Policy.  If you object to any provision of these Terms, please do not use our Website or Service.

Our shop is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – MODIFICATIONS TO THE TERMS

Know Your Genotype reserves the right to, at any time and in its sole discretion, amend any section of these Terms by posting the updated, changed or replaced sections of these Terms to this Website and you agree to be bound by these modifications. Any modifications shall become effective immediately upon posting. It is your responsibility to periodically review the most up-to-date version of these Terms for any changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Any new features or tools which are added to the current shop shall also be subject to the Terms of Service.

SECTION 2 – GENERAL CONDITIONS

You will be able to access our Website without having to register any details with us. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree that you will not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, or process whatsoever, now known or hereafter developed, any content of this Website for commercial profit or gain without express permission from us. We hold all rights to content on this Website.

The Website does not host or receive funding from advertising or from the display of commercial content.

The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms. The provisions of these Terms are severable. In the event that any provision of these Terms shall, in whole or in part, be determined to be void for any reason, the remaining provisions will remain in full force and effect. Know Your Genotype’s failure or delay in exercising or enforcing any right under these Terms shall not operate as a waiver or relinquishment of any right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

A breach or violation of any of the Terms will result in an immediate termination of your access to our Services.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this 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 this Website is at your own risk.
This 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 this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 – MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (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, suspension or discontinuance of the Service. We reserve the right to refuse our Service to anyone for any reason at any time.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that  the display of your device or computer will accurately replicate any colour of any item(s).
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, in any 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 products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. You may not use our products for any illegal or unauthorized purposes.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 may 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of 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).
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.

SECTION 8 – THIRD-PARTY LINKS

The Website may contain links to third party websites that are not owned or controlled by Know Your Genotype.  Know Your Genotype has no control over, and assumes no responsibilities for these websites (including any content, terms of use or privacy policy). You follow these links and use such third party websites at your own risk.

Any links furnished through our Website are provided to you for your convenience and any inclusion of a third party link herein shall in no way be construed as an endorsement by us of the website(s) or their content.

If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, any page of our Website or portions of our Website, and subject to the following conditions:

(a)   You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b)   You do not misrepresent your relationship with us or present any false information about us;
(c)   You do not link from a website that is not owned by you;
(d)   Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the Republic of Ghana.

If you choose to link our Website in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You retain your right to any submissions you make to any part of this Website at our request, (for example contest entries) or without a request from us. By submitting creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’) to the Website, you automatically grant (or warrant that the owner of such Comment has expressly granted) to Know Your Genotype (and its successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, fully-transferable license and right to use, reproduce, create derivative works from, modify, translate, distribute, perform, and display the communication (or any derivative work based thereon) either alone or as part of other works in any form, whether now known or hereafter developed, for any purpose. Such license will be fully transferable by assignment, sublicense (including multiple tiers of sublicenses) or any other means. Except as described herein, any Comments which you post on the Website is considered to be non-exclusive.

We are and shall be under no obligation to:

1. maintain any Comments in confidence;
2. pay compensation for any Comments; or
3. respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Comment that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 libellous 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 Website 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. You are solely responsible for any Comments you make and their accuracy, and the consequences of these Comments. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Know Your Genotype may, in its sole discretion, terminate your access to any interactive areas or interactive forums on the Website at any time, with or without notice. You are solely responsible for your use of the interactive areas, including compliance with all applicable domestic and international laws and regulations that relate to your use of the Website.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product 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 on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation to, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, scrape or post Comments that are not related to the topic being discussed (unless it is clear the discussion is free form) or that otherwise disrupt the normal flow of dialogue;
10. for any obscene or immoral purpose;
11. to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet;
12. to post or otherwise disseminate advertisements or solicitations, chain letters, pyramid schemes, unsolicited bulk e-mail to users or individuals that have not agreed to receive such mailings, or other advertising or marketing that violates these Terms, or any applicable laws, regulations, or generally accepted advertising industry guidelines;
13. to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked sites;
14. to disrupt or interfere with the security or proper working of, or otherwise abusing (including vulnerability scans), this Website, or any services, system resources, accounts, servers, or networks connected or accessible through this Website or affiliated or linked sites;
15. to attempt to obtain unauthorized access to, post to, or tamper with restricted areas of the Website;
16. to take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
17. to allow any other person or entity to use your identification to post or view comments; or
18. to access the Website with another user’s account, service, or system without authorization from Know Your Genotype, impersonate another person, falsely stating or otherwise misrepresenting an affiliation with any person or entity, or create or use a false identity on the Website.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Content of the Website is subject to change at any time without notice, including to correct any errors or omissions in any portion of the Website. At any time, Know Your Genotype may terminate, change, or suspend any aspect of the Website, temporarily or permanently, without notice to you. Know Your Genotype is not obligated to continue to support or update the Website. Know Your Genotype may impose limits on certain features or services or restrict your access to parts, or all of, this Website.  While we will take all reasonable steps to ensure that our Website is available 24 hours a day, 365/366 days per year, websites do sometimes encounter downtime due to server and other technical issues.  Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obligated to do so. You acknowledge and agree that Know Your Genotype and its successors and affiliates shall not be liable to you or to any third party in the event that Know Your Genotype exercises any of these rights.

While we take every effort to ensure that all content provided on the Website does not contain computer viruses and /or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Website.  While every effort is made to ensure smooth and continuous operation, we do not warrant the Website will operate error free.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website 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.
In no case shall Know Your Genotype, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. 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.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Know Your Genotype and its successors and affiliates, as well as its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any damages or claims, actions or demands, liabilities and settlements, including and without limitation to reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Know Your Genotype and its successors and affiliates, in connection with:

• your use of the Website,
• your breach of these Terms,
• your negligent or wrongful conduct,
• your access to or use of any third party website linked to from the Website,
• Comments posted by you,
• your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or
• the infringement by you of any right of any person or entity.

This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

Know Your Genotype may immediately terminate these Terms or terminate your access to this Website with or without cause, and with or without notice, at any time (including where you repeatedly infringe the intellectual property of others with the Consent that you post to the Website). Such termination shall take effect immediately, unless Know Your Genotype provides otherwise in any notice. Upon account termination, your right to use this Website immediately ceases and you acknowledge and agree that Know Your Genotype may immediately delete any files and data relating to your account, and bar any further access to such data or to the Website. Know Your Genotype shall not be liable to you or to any third party for termination of your right to use the Website. In the event of termination of these Terms, the Limitation of Liability, Disclaimer of Warranty, Indemnification and Applicable Law shall survive such termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms, the Know Your Genotype Limitation of Liability, the Know Your Genotype Shipping and Returns Policy and the Know Your Genotype Privacy Policy are the entire agreement between you and Know Your Genotype regarding use of the Website and supersede and replace any prior understandings, whether oral or written, between you and Know Your Genotype. Please review Know Your Genotype’s Privacy Policy, Shipping and Returns Policy and Limitation of Liability to understand all of Know Your Genotype’s policies and conditions.

SECTION 18 – GOVERNING LAW

We make no representations that the content or the Website is appropriate or that it may be used or downloaded outside of Ghana. Access to the Website and/or content may not be legal in certain countries.  If you access the Website from outside Ghana, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.

Our Website was created, controlled and maintained by Know Your Genotype in Ghana. The Website and its content, and any disputes arising therefrom shall be construed and interpreted under the laws of the Republic of Ghana. Use of our Website constitutes agreement of the user to the jurisdiction of the state and courts located therein.

Additionally, our Website is subject to Ghana export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or important any data on our Website as may be required.

SECTION 19 – ASSIGNMENT

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You.

SECTION 20 – PROPERTY RIGHTS

The content of the Website, including the trademarks, service marks and logos on the Website, are the property of Know Your Genotype or third party licensees and are protected by copyright and other intellectual property rights under 1992 constitution of the Republic of Ghana and other foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without KYG’s and/or the other respective owner’s prior written permission, except as expressly permitted on the Website. You are permitted to access and use the Content though the provided functionality of the Website for personal non-commercial uses only, provided that:

• any such uses are not competitive with or derogatory to the Website, and
• you keep all copyright or other proprietary notices intact without alteration.

Please note that this limited consent may be revoked at any time and does not include consent to republish Website Content elsewhere.

Any other trademarks or service marks appearing anywhere on our Website are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark does not constitute a waiver of any and all intellectual property rights that Know Your Genotype or its business has established in any of its products, features, or service names or logos.

If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, you may send our copyright agent a notice pursuant to the Copyright Act, 2005 (Act 690); the Patents Act, 2003 (Act 657); the Trademarks Act, 2004 (Act 664); the Industrial Designs Act, 2003 (Act 660); and the Protection Against Unfair Competition Act, 2000 (Act 589). The notice should include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on this Website;
• Your address, telephone number, and email address;
• A written statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please direct all communications to the address indicated below 

SECTION 21 – EMAIL COMMUNICATIONS

By submitting your email address to the Website, you consent to being placed on Know Your Genotype’s mailing lists and thereby receiving e-mail correspondence from Know Your Genotype, including newsletters, event advertisements, and Website updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in any e-mail from Know Your Genotype.  In such an instance, although Know Your Genotype will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that were initiated before your e-mail address was removed from the list.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@knowyourgenotype.org.