Seonix Terms of Use

Please read these terms and conditions carefully before accessing, using or browsing our websites or any of our content.

Last updated: August, 2024

Acceptance

These legal terms and conditions (the “Terms”) govern your use of www.seonixbio.com and its subdomains operated by Seonix Pty Ltd (“Seonix”), which includes access to, and services available on, our Clinician, Patient Registration and Payment Portals (cumulatively, “Portals”), as well as websites, online services, and applications provided on behalf of Seonix (collectively “Sites” and each a “Site”).

Please read these terms and conditions (“Terms”) carefully before accessing, using or browsing our Sites or any of our content, or purchasing products via our Sites, or using our services. By accessing, browsing or using our Sites or any of our content, purchasing products via our Websites or services, you acknowledge that:

You have read and understand these Terms.
You agree to be bound by these Terms.
When you pay for a Test through our Website, your payment is an offer to purchase the Test. Nothing that is said, written or done by us is an acceptance of an offer until we perform the Test.
The acknowledgement of a referral through our Site does not constitute a contract to undertake services; it indicates a willingness and capability to enter service agreements to perform the requested services.
At any time before the Test is performed, we may decline (without providing reasons) to perform the Test. If we do so, we will cancel your Test and refund your payment. For the avoidance of doubt, our cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between you and us.
We may vary the Test and/or these terms and conditions in whole or in part, at any time and for any reason. You are responsible for reviewing our Sites periodically to check for any amendment or update of the Terms if/when applicable. You are bound by any such new Terms where you continue to use our Sites and/or do not cancel your test where you do not agree with the changes we have made. If you do not cancel your test, you will be deemed to have accepted the test and/or the terms and conditions as varied.
Results from your test will only be provided through a healthcare professional. You agree that we are under no obligation to provide those results to you directly or any other person.
If accessing, browsing or using our Sites, purchasing products or using our services on behalf of an entity, you have full authority to bind your entity to all of these terms and conditions.

By using and/or visiting our Sites, you confirm your agreement to both these Terms and the Seonix Privacy Policy, which forms part of these Terms and is available here.

Products and Services

Fees for the genetic testing process may be revised from time to time. You acknowledge that your payment of fees for the testing process you have selected covers the test, test processing and analysis, and postage.

You acknowledge that you must return your test sample within 6 months of your payment of fees. A failure to return the test result within this period will result in forfeiture of the fees paid. Seonix will not process or analyse test samples received more than 6 months after the purchase and you will not be entitled to a refund.

You agree that in providing your sample you must follow any directions communicated to you by Seonix and that a failure to comply with these directions may mean the test cannot be processed and analysed.

When you register your test with us using our Sites, you agree that the information you provide is true, accurate and complete.

You may choose to pay for services using a credit card. If you choose to do so, you represent and warrant that you are authorised to use such credit card, and you agree to pay all charges incurred under your user account. You agree that we may provide your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you.

You acknowledge that we cannot process your test unless we have obtained your consent.

You acknowledge that you are aware that Seonix has international subsidiaries and may due to causes, such as equipment failure or unexpected increases volume, need to process your sample overseas.

Cancellation and refund policy

You may cancel your test at any time before it is performed. If your test has already been performed, you may request that we withhold the results.

To cancel your Test (or request that results be withheld), please email support@seonixbio.com or call +61 8 6256 0759.

If you have purchased your test directly from us and validly cancel your test prior to commencement of testing, we may elect to refund some or all of the price. We will not provide any refund if testing has commenced.

If you have purchased your test via your health practitioner and validly cancel your Test, then you should seek a refund for the test from them. They will not be able to refund you if testing has commenced.

For the avoidance of doubt, the cancellation of your Test does not affect the ongoing application of these terms and conditions, which will remain in force between us.

Sites

Seonix will use reasonable efforts to include accurate and up-to-date information on our Sites; however, any information presented on our Sites as of a particular date may only be accurate as of such date, and Seonix disclaims any responsibility to update such information.

You must exercise caution, good sense and sound judgement in using our Sites. You are prohibited from violating or attempting to violate the security of our Sites. Any such violations may result in criminal and/or civil penalties against you. Seonix will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obliged to register with Seonix to access our Sites. However, Seonix may offer certain features and services for which registration is necessary. You can contact us for more information regarding registration.

Portals

Health Practitioners use of the Seonix Clinician Portal

If you are an appropriately qualified health practitioner, you will be required to create a user account with us in order to access certain portions of our Sites, refer patients and obtain results. You represent and warrant that the information you provide is true, accurate and complete. If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account.

Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third-party.

By logging onto our Portal using a password, you warrant that you are authorised to use the password and to access and use the account. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will take sole responsibility for any activities conducted by you on or through our Portal.

It is through the user account that Seonix can authenticate the identity of the referrer, or those authorised to refer on behalf of a health practitioner and the recipient of a patient referral entered through the Portal. Download of a patient report by a user associated with the clinic account that the patient has been referred from constitutes a clinical level acknowledgement of receipt of a patient report.

You understand and agree that user access to the Clinician Portal user account is captured in an audit trail and may be used by Seonix ensure traceability of requests, technical procedures, results and reports.

You further agree not to:

gain or attempt to gain unauthorised access to any parts of our Sites where access is restricted to registered users or to information contained in such sections of our Sites;
obtain or attempt to obtain confidential, proprietary and/or personal information stored on our Sites;
distribute passwords to unregistered or unauthorised users; or
use our Websites or information accessible on our Websites for an unauthorised or unlawful purpose.

Seonix reserves the right to deny or revoke access to our Sites, or any part thereof, at any time in our sole discretion, with or without cause.

Other Terms and Conditions

Any additional terms and conditions that apply to purchases of goods or services available on or through any Site are incorporated as a part of these Terms by reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific good or service offered on or through our Sites, the latter terms shall control with respect to the specific good or service so offered.

Intellectual Property

Unless expressly stated otherwise, Seonix is the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Websites, whether or not you contribute to such material.

Except to the extent permitted by the “Limited Licence” referred to in these Terms above, or as required under law, the Websites must not be accessed, used, republished, reproduced, copied, sold, modified or otherwise exploited (in full or in part), without our express prior written consent.

We grant you a limited, revocable, and non-exclusive licence to access and use the Websites (“Limited Licence”) to access information regarding genetic testing, consultation by genetic counsellors and to purchase testing kits. You must not access or use the Websites for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence must not be transferred, assigned or sublicensed to any other person. Notwithstanding the remainder of this clause, we, in our absolute discretion, may refuse to allow you access to use the Websites or our services where we consider this is not safe or otherwise appropriate for your circumstances.

No Medical Advice

This Site provides information about our company and its wholly owned subsidiaries, and the products and services offered by each of them, including, but not limited to diagnostic health testing and services and/or data analysis. Healthcare professionals should exercise their own clinical judgment when using our content, tools or databases. If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your doctor or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your doctor or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. The information (including, without limitation, advice, and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or should be considered medical advice, services, diagnosis, or treatment by Seonix.

You also understand and acknowledge that you should never disregard or delay seeking medical advice because of information featured on or transmitted through our Sites or any test results obtained through Seonix.

Disclaimers

Limitation of liability

To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:

the provision of any services by or any other conduct of health practitioners or other persons in respect of your health care who are external to Seonix;
any non-compliance by you with any instructions or directions provided by Seonix; and
your use of the general information provided by the Sites.

Indemnity

You will indemnify, defend and hold harmless Seonix from and against any and all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable legal fees, resulting from, arising out of or relating to your use of our Sites, any activity, information, or material that you submit or transmit to our Sites, or your violation or breach of these Terms.

Sites

Given the unpredictability of technology and the online environment, Seonix does not warrant that the functions or operations of our Sites will be uninterrupted or error-free, that defects will be corrected, or that our Sites or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of any of our Sites, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of our Sites.

While efforts have been made to ensure the accuracy of the information on our Sites, Seonix does not represent or warrant that the information accessible via our Sites is accurate, complete, or current. Our Sites could contain typographical errors, technical inaccuracies, or other incorrect information. Seonix reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, our Sites may contain information provided by third-parties. Seonix makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. Seonix is not responsible for any errors, omissions or inaccuracies contained in any information provided by such third-parties.

THE CONTENTS OF OUR SITES ARE PROVIDED “AS IS” AND SEONIX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS OR NON-INFRINGEMENT. SEONIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SEONIX DOES NOT WARRANT THAT OUR SITES OR SEONIX’S SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE.

Seonix has no responsibility or liability for, and does not insure, guarantee or otherwise protect you with regard to, third-party goods or services that you purchase and that are advertised on, linked to, linked from or mentioned on our Sites. You should conduct whatever investigation you believe is necessary and appropriate before proceeding with any business transaction with third-parties.

User Data

As a user of our Sites, you may be able to enter, upload or otherwise provide health information and other information through the Sites (“User Data”).

You warrant, in respect of any User Data that you provide through the Sites, that you have the right to provide such User Data and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws or the intellectual property rights of any third party. Without limiting the remainder of this clause, you also warrant that where you enter, upload or otherwise provide health information, images or other information into or via the Sites, including in your role as a health practitioner if applicable, you will only do so where all necessary consents have been obtained and this is otherwise in accordance with applicable privacy laws.

You agree that you are solely responsible for all User Data that you provide through the Sites.

We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.

We are not responsible for providing any supervision or monitoring of User Data available through the Websites. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.

Privacy

We will handle your personal information in accordance with:

applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act, and the Health Records Act 2001 (Vic) and the Health Privacy Principles contained in that Act; and
our Privacy Policy found here

You agree to us collecting and handling your personal information in accordance with the applicable privacy laws and our Privacy Policy, and also for the purposes described in these Terms. Without limiting the remainder of this clause for the purposes of ensuring appropriate testing, and your ability to access our products and services, and the functionality and services of the Sites, you agree that we may:

collect your personal information (including health information) via the Sites, and via your referring health practitioner or other health practitioner/s (if any) where you have consented;
allow that information be accessed and shared by internal Seonix staff;
allow that information be accessed and used by our third party partner testing laboratories. The details and privacy policies of whom are available in Seonix’s Privacy Policy: here.

In respect of any person/s other than you whose personal information (including health information) you access or share using the Sites, you warrant that you have obtained all necessary consents to access or share this information under applicable privacy laws and this is otherwise in accordance with applicable privacy laws. You also agree to direct any such persons to our Privacy Policy found here.

International users

Our Sites are controlled and operated by Seonix. Seonix makes no representation that materials in our Sites are appropriate or available for use in all locations worldwide. If you are accessing the Website from outside Australia, you are solely responsible for compliance with any local laws, if and to the extent local laws are applicable. Access to our Websites from jurisdictions where the contents of our Sites are illegal or penalised is prohibited.

If you are a non-Australian user, you acknowledge and agree that Seonix may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. Australian law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information to Australia or other jurisdictions with different, and in some cases, lower levels of protection for your information. If you do not consent to such transfer, please do not use our Sites.

If you are a US user, please refer to our US Terms of Use and Privacy Policy.

Severability

If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Seonix regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.

When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Seonix have benefited from, been subject to (or which have accrued over time while the Terms have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation.

Jurisdiction and disputes

These Terms are governed by the laws of the State of South Australia, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of South Australia, Australia. You also agree to attempt to mediate any dispute.

Contact us

If you have any enquiries about these Terms of Service, please contact us at:support@seonixbio.com

We will treat your enquiry or complaint confidentially. Our team will contact you within a reasonable time after you have made contact with us to discuss your enquiry or complaint and outline options regarding how it may be dealt with. We will aim to ensure that any complaint is resolved in a timely and appropriate manner.

Seonix Terms of Use

Please read these terms and conditions carefully before accessing, using or browsing our websites or any of our content.

Acceptance

These legal terms and conditions (the “Terms”) govern your use of www.seonixbio.com and its subdomains operated by Seonix US, Inc. (“Seonix”), which includes access to, and services available on, our Clinician, Patient Registration and Payment Portals (cumulatively, “Portals”), as well as websites, online services, and applications provided on behalf of Seonix (collectively “Sites” and each a “Site”).

These Terms of Use are a legally binding contract between you and Seonix regarding your use of the Site. By accessing any Site, you acknowledge, accept, and are bound by these Terms. If you do not agree to the Terms, then you should immediately leave and not use our Sites. Seonix may modify these Terms at any time. Your continued use of a Site following such modifications constitutes your acceptance and agreement to be bound by the Agreement as so modified. You, therefore, should periodically check these Terms for modifications. We also encourage you to review our Privacy Statement for additional information.

Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent there is an irreconcilable conflict between these Terms and any click-through agreement, the click-through agreement will govern as to such conflict.

Portals

In using Seonix’s Portals, you represent and warrant that you are accessing these Portals in your capacity as a provider or patient (as applicable) or, where applicable, you are a personal representative legally authorized to act on behalf of the patient. You understand that much of the information available via our Portals is protected under federal and state privacy and security laws. Sexonix will comply with HIPAA and HITECH to the extent applicable with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) and regulations promulgated under HIPAA and the HITECH Act (“Regulations,” and together with HIPAA and the HITECH Act, the “HIPAA Rules”). You further understand that the samples collected are processed by an independent clinical laboratory certified under the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”). The tests obtained through Sexonix have not been cleared or approved by the U.S. Food and Drug Administration (FDA). Although the FDA does not currently clear or approve laboratory-developed tests in the U.S., certification of the laboratory is required under CLIA to ensure the quality and validity of the tests.

In your capacity as a patient or legal representative legally authorized to act on behalf of the patient, you further understand that should you have any questions relating to the interpretation of any test result, that the referring medical professional is responsible for such interpretation.

Limited Right to Use

In consideration of your acceptance of the promises, acknowledgements, and agreements within these Terms, Seonix grants you a personal, non-exclusive, non-transferable right to access and use our Sites for informational, non-commercial purposes only.

User Accounts; Security; Services

If you are a medical professional, you will be required to create a user account with us in order to access certain portions of our Sites, refer patients, and obtain results. You represent and warrant that the information you provide is true, accurate and complete. If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account. You agree to maintain the confidentiality of, and not to share or distribute, your password or other login information (“Credentials”), to promptly report to Seonix if you know or suspect that your Credentials have been compromised, and to accept responsibility for all activities that occur under your user account. Efforts to maintain confidentiality should include, but not be limited to, logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Seonix is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your personal login information.

We employ administrative, technical, and physical safeguards against unauthorized disclosure or access to your private data or other personally identifiable information, consistent HIPAA. However, you acknowledge that such safeguards may be capable of circumvention and Seonix cannot and does not guarantee that sensitive information will not be accessed by unauthorized persons.

You may choose to pay for services using a credit card. If you choose to do so, you represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred under your user account. You agree that we may provide your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you.

Prohibited Use

You shall not use any robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to extract, mine, or copy any Site content, information, or data. You shall not violate or attempt to violate the security of any Site in any way, including but limited to: (i) probing, scanning, or testing the vulnerability of any Site; (ii) attempting to access, or accessing, secured portions of any Site to which you do not possess access rights; or (iii) taking any action that imposes an unreasonable or disproportionately large load on any Site or the systems connected to any Site.

Other Terms and Conditions

Copyrights and Other Intellectual Property

Unless otherwise noted, all information, text, articles, data, images, screens, graphics, web pages, photographs, artworks, visual interfaces, user interfaces, or other materials (collectively, the “Works”), including but not limited to the look and feel of any of our Sites, appearing on our Site are the exclusive property of Seonix. Except as expressly provided in these Terms, you may not copy, display, print, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, or transmit the Works, or use them to create a derivative work or otherwise use them for public or commercial purposes without the express written consent of Seonix. You may not use any content contained in the Works in any manner that may give a false or misleading impression or statement. Nothing on any of our Sites or in these Terms grants you any license or right to use any of the Works, whether by estoppel, implication, or otherwise.

You may download or print content from our Sites if you: (i) do not modify the content or remove any proprietary notice language from it; (ii) use the content only for your own personal, private, and non-commercial purposes; and (iii) do not distribute or republish the content to others, except that you may provide downloaded or printed content to others for their use in providing health care, treatment, or advice to you.

Seonix respects the intellectual property of others, and requires that its Site users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

If you believe that any material residing on, linked to, or linked from our Sites infringes your copyright, please send Seonix a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Seonix to locate the material on our Sites (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit Seonix to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (vi) your physical or electronic signature. Notices to Seonix should be sent to:

Seonix US Inc

2358 University Avenue #2025

San Diego, CA 92104

Trademarks

Unless the context indicates otherwise, the trademarks, logos, and service marks displayed on our Sites (collectively, the “Trademarks”), including, but not limited to Seonix™ and SightScore™, are the registered or unregistered trademarks of Seonix. Nothing on our Sites or in these Terms grants you any license or right to use any of the Trademarks, whether by estoppel, implication, or otherwise.

You should address any inquiries concerning usage of Seonix’s copyrights, designs, or trademarks to: info.us@seonixbio.com.

No Medical Advice

This Site provides information about our company and its wholly owned subsidiaries, and the products and services offered by each of them, including, but not limited to diagnostic health testing and services and/or data analysis. Healthcare professionals should exercise their own clinical judgment when using our content, tools, or databases. If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. The information (including, without limitation, advice, and recommendations) and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or should be considered medical advice, services, diagnosis, or treatment by Seonix.

IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Disclaimer of Warranties

While efforts have been made to ensure the accuracy of the information on our Sites, Seonix does not represent or warrant that the information accessible via our Sites is accurate, complete, or current. Our Sites could contain typographical errors, technical inaccuracies, or other incorrect information. Seonix reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, our Sites may contain information provided by third-parties. Seonix makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information. Seonix is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third-parties.

THE CONTENTS OF OUR SITES ARE PROVIDED “AS IS” AND SEONIX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS, OR NON-INFRINGEMENT. SEONIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SEONIX DOES NOT WARRANT THAT OUR SITES OR SEONIX’S SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE.

Limitation of Liability

IN NO EVENT WILL SEONIX OR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ECONOMIC DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOSS OF BUSINESS, LOSS OF CONTRACTS, LOST PROFITS, PECUNIARY LOSS, BUSINESS INTERRUPTION, USER’S ACCESS OR INABILITY TO ACCESS OR USE OUR SITES, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM OUR SITES, INVASION OF PRIVACY FROM OR THROUGH OUR SITES, OR LOSS OF BUSINESS INFORMATION, EVEN IF SEONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE LIABILITY OF SEONIX UNDER ANY THEORY OF LIABILITY, WHETHER TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHER, WILL BE NO GREATER THAN ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND SEONIX’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Any cause of action or claim you may have with respect to any of our Sites or your use of them thereof must be commenced within one (1) year after the claim or cause of action arises, regardless of when you become aware of the claim or cause of action, after which time any claim or cause of action is forever barred.

You have sole responsibility for adequate protection and backup of data or equipment used in connection with our Sites, and you will not make any claim against Seonix for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of our Sites.

As a visitor to and user of any of our Sites, you agree that all access and use of our Sites and the contents available via our Sites are at your own risk.

Seonix has no responsibility or liability for, and does not insure, guarantee, or otherwise protect you with regard to, third-party goods or services that you purchase and that are advertised on, linked to, linked from, or mentioned on our Sites. You should conduct whatever investigation you believe is necessary and appropriate before proceeding with any business transaction with third-parties.

No Unlawful or Prohibited Use

You will not use our Sites for any purposes that are unlawful, criminal, or in violation of the rights of third-parties. You will not use our Sites in any manner that could damage, disable, overburden, or impair our Sites or interfere with any other party’s use and enjoyment of our Sites.

Submissions

While Seonix welcomes comments and feedback regarding our Sites and its services, Seonix is under no obligation to respond to all pieces of correspondence received through our Sites or by e-mail, to maintain submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. Seonix does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via our Sites or by e-mail. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Seonix through our Sites, by e-mail, or by any other means shall become and remain the property of Seonix. Any such submission by you is a declaration of the full release of all proprietary claims and intellectual rights regarding your submission. Seonix, therefore, is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Seonix for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Links

Seonix permits third-party sites to link to our Sites, but only in accordance with these terms and conditions:

Links may be text-based using the words: “Seonix”. You may not use the Seonix logo or any other trademark as a link to our Sites.
By linking, you acknowledge and agree that, other than as set forth herein, all rights to Seonix marks, the content appearing on our Sites, and the design of our Sites belong to Seonix.
You may not create frames around our Sites or use other techniques that alter in any way the visual presentation or appearance of our Sites.
You must not misrepresent your relationship with Seonix or present false or misleading impressions about Seonix. No links to our Sites may be used in a manner that implies or suggests that Seonix approves or endorses you, your website, or your goods and services.
Seonix shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Seonix against all claims arising out of or based upon your website.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
Seonix reserves the right at any time and in its sole discretion to demand that you remove all links or any particular link to our Sites from your website and you agree to comply with such demand.

Our Sites may contain links to other websites operated by third-parties (“Linked Sites”). Such Linked Sites are not under the control of Seonix. Seonix has not reviewed, approved, corrected, or updated the content of any Linked Site and is not responsible for the content of any Linked Site. Your access or use of any Linked Site is at your own risk. Seonix shall have no liability or responsibility for any information published on Linked Sites. Seonix provides these links only as a convenience and, unless explicitly stated otherwise, does not monitor, endorse, warrant, or make any representations with respect to Linked Sites.

Electronic Communications

While interacting with our Sites, you may choose to communicate electronically with Seonix by email, text messaging, instant messaging, video calling service (e.g., FaceTime, Teams, Zoom), or other electronic means. Any electronic communication that you exchange with Seonix may be recorded and stored by Seonix as it deems, in its sole discretion, to be appropriate for customer service, quality control, record-keeping, or other business purposes. By choosing to communicate electronically with Seonix, you unconditionally and irrevocably consent to Seonix recording and storing those communications.

SMS Terms and Conditions

You may receive text messages from Seonix using the number: 1 833 846 0475. Consent to receive text messages is not required as a condition of purchasing any goods or services. Text messages may be sent to your mobile number using an automatic telephone dialing system. Service available on most carriers including U.S. Cellular, AT&T, Cellular One, T-Mobile, Sprint, Boost, MetroPCS, Verizon Wireless, Alltel Wireless and Virgin Mobile. Carriers are not liable for delayed or undelivered messages. Messaging frequency may vary. Seonix shall not be responsible for any cost or fees incurred by you with respect to text messages.

You can unsubscribe by replying STOP to any text message you receive from Seonix. For additional help contact support@seonixbio.us.

Seonix respects your right to privacy. You can view our privacy notice here.

Texting Privacy & Security

Texts will be sent to the mobile telephone number your medical professional referring our product or service provide to us. Please notify us immediately if your mobile number changes. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed. Password-protecting mobile device(s) and enabling encryption, if available, is recommended.

Text messages may include protected health information (PHI). When you elect to receive text messages from us, since text messaging is unencrypted, you acknowledge there is a risk that this PHI could be intercepted or viewed by third-parties, including others who access your device or your carrier account.

Severability

If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal, or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.

Indemnity

You will indemnify, defend, and hold harmless Seonix from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys’ fees, resulting from, arising out of, or relating to your use of our Sites, any activity, information, or material that you submit or transmit to our Sites, or your violation or breach of these Terms.

General Terms

These Terms, together with the Privacy Notice and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Seonix regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California., without regard to conflict of law principals.

Dispute Resolution and Arbitration

You and Seonix agree that every dispute arising in connection with or relating to these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate any and all disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SEONIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Arbitrator: Any arbitration between you and Seonix, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in San Francisco, California. Seonix and You shall work together to select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If Seonix and You are unable to agree on an arbitrator, Seonix and You shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal fees, accounting, and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Privacy Notice

Privacy Notice. Please read the Seonix Privacy Notice (available at www.seonixbio.com/privacy-notice) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Seonix Privacy Notice is incorporated by this reference into, and made a part of, these Terms.

Inquiries

Thank you for visiting our Sites. For questions concerning these Terms or Seonix’s other policies, contact:info.us@Seonixbio.com