Terms of service
Pursuant to Section 49 of the Consumer Protection Act No 68 of 2008, these Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which MY DNA CHOICES. (Proprietary) Limited and/or administrators of this Site will have towards you and other persons. In this regard your attention is drawn to clauses 7, 8 and 23 hereof.
SECTION 49 of the CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE:
Clauses: 7, 8, 13 and 23
1. INTRODUCTION
1.1 www.mydnachoices.com (the Site) enables customers to register an account and order a safe, discreet and convenient home based tests, as well as allowing customers to purchase nutrition, environment and lifestyle products online.
1.2 The Site is owned and run by MY DNA CHOICES. (Proprietary) Limited, with registration number, a company incorporated in the Republic of South Africa, which has its head office at 21 Thora Crescent, Wynberg, Johannesburg, Gauteng. More information about MY DNA CHOICES. is available at the end of these terms and conditions.
1.3 All users and account holders, including those that buy from the Site (“Customers”) are bound by these terms and conditions (“the Terms and Conditions”). By registering, or using the Site, you recognise that you’ve read, understood and accepted these Terms and Conditions. The Terms and Conditions represent our entire agreement with you and supersede all prior terms, conditions, warranties and or representations to the extent permitted by law.
1.4 In these terms and conditions:
(a) “Account” means the account that you need to register for on the site if you would like to submit an Order on the Site;
(b) “Acknowledgement” means our acknowledgment of your Order by email;
(c) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
(d) “Confirmation of Order” means our e-mail to you, in which we accept your Order;
(e) “Customer” means an individual who places an Order on the Site;
(f) “Order” means the order submitted by you to the Site to purchase a Test Kit or any Product from us;
(g) “Products” means the products which Account Holders can purchase on the Site by submitting an Order;
(h) “Test Kit” means a DNA and/or real-time, biomarker lab test ;
(i) “you” means the customer who places an Order;
(j) references to “clauses” are to clauses of these terms and conditions;
(k) headings are for ease of reference only and shall not affect the interpretation or constitution of the terms and conditions;
(l) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include a, company, corporation, firm or partnership;
(m) references to “includes” or “including” or like words or expressions shall mean without limitation.
2. YOUR STATUS
To place an Order with MY DNA CHOICES you must be 18 (eighteen) years or older and possess a valid credit card and SnapScan issued by a bank acceptable to us.
3. EFFECT
3.1 These Terms and Conditions shall apply to all Orders made or to be made by us for the sale and supply of the Test Kits and/or Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Test Kits and/or Products, this shall, in any event, constitute your unqualified acceptance of these Terms and Conditions.
3.2 Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.3 We may periodically update or change the Terms and Conditions of this Site without giving you prior notice. You should check them regularly, as your continued use of our Site means that you accept any updated or revised terms.
4. USE OF OUR WEBSITE
4.1 You are welcome to browse or use our Site for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this Site, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.
4.2 We use cookies to identify the computer device with which you connect to our Site. We reserve the right to restrict your use and access to our Site or part thereof in the event of any unauthorised use.
4.3 We reserve the right to suspend our Site or any part thereof or terminate your Account at any time if we, in our sole discretion, determine that you are not using the Site in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
4.4 Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms and Conditions or law.
5. ONLINE REGISTRATION
In order to purchase Test Kits and/or Products, you will be required to register an Account with MY DNA CHOICES. . This will require you to provide certain information including personal details, banking details and your delivery address. When registering you will be required to create an User ID and password. Please keep your password private as MY DNA CHOICES. accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your User ID and password each time you visit our Site in order to purchase the Test Kits and/or Products. To amend any registration particulars please click on login and edit your details.
6. TEST KIT AND PRODUCT AVAILABILITY
All Test Kits and Products displayed on our Site are subject to availability.
PURCHASE OF TEST KITS
Terms of Sale
6.1 Once you have registered an Account with MY DNA CHOICES., you may order Test Kits which will be delivered to your specified delivery address once the purchase price and any additional fees due have been paid and cleared in MY DNA CHOICES. bank account.
Purchase Price and Payment Terms
6.2 You will be charged the prices as they are reflected on the Site at the time you place an Order, subject to availability. All prices shown are quoted in South African Rand and include Value-Added Tax.
6.3 We will debit the total value of your online Order against the payment card tendered by you during the check out process. Payment will be effected on acceptance of your Order prior to delivery and once you have received a Confirmation Order, and that MY DNA CHOICES. are authorised to deduct payment of all amounts owing to us by you.
6.4 By submitting your Order, identity number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the Order.
Delivery, Posting of Test Kits and Returns
6.5 MY DNA CHOICES. shall use all reasonable endeavours to deliver the Test Kits from Monday to Friday, between 08h00 and 17h00. Deliveries will take place as soon as practically possible after [ 3 ] days from when your Order is placed and paid for. No deliveries will be made on weekends or public holidays. We shall use all reasonable endeavours to effect deliveries within the above stated time.
6.6 Orders are only delivered to physical addresses, no PO Box addresses are allowed.
6.7 Whilst every commercially viable effort shall be made to ensure timeous delivery of Test Kits, it is understood that MY DNA CHOICES. cannot take responsibility for delays, errors or omissions on the part of either the various courier companies, as the case may be, depending on logistical options selected.
6.8 Delivery of the Test Kit must be made to the person ordering such Test Kits. While MY DNA CHOICES. and its agents shall take all necessary measures to ensure that Test Kits are only delivered to the person who actually ordered the same, MY DNA CHOICES. and its agents shall not be held liable for any damages, inconvenience and / or breakdown in relationships on account of the Test Kits being delivered to the incorrect person, provided that the address duly delivered to is correct, and that MY DNA CHOICES. and/or its agents were of the genuine and bone fide belief that the Test Kits were being delivered to the correct person.
6.9 On delivery of the Test Kits to the specified delivery address, you will receive our delivery note showing the items delivered, the delivery fees, Value-Added Tax and the amount debited from your payment card.
6.10 The delivery fees will be specified on the website and will be calculated as part of the total price of the item ordered.
6.11 We deliver in our specialised packaging. You must take care when opening the packaging once delivered so as not to destroy the Test Kit. Once you have used the Test Kit, you are fully responsible to post/courier the Test Kit to our affiliated testing laboratory (“the testing laboratory”). This is included in the total price of the Test Kits/s. Full details of the Testing Laboratory will be provided to you in the Test Kit. MY DNA CHOICES. shall accept no responsibility or liability in your posting of the Test Kit to the Testing Laboratory.
6.12 Due to the nature of the Test Kits, no requests for returns or refunds shall be entertained unless the Test Kit arrives opened, contaminated or damaged.
Use of the Test Kits
6.13 You confirm that by ordering the Test Kit/s, you are the person being tested. You hereby authorise MY DNA CHOICES. to order, purchase and deliver the Test Kit/s on your behalf from its suppliers.
6.14 MY DNA CHOICES shall accept no responsibility or liability of any nature whatsoever and howsoever arising, in any manner whatsoever, for parents/guardians or any other caregivers forcing, coercing or compelling minor children to use any Test Kits purchased through MY DNA CHOICES, which behaviour cannot be condoned by MY DNA CHOICES.
6.15 The Test Kit will include a return envelope that will posted together with your Test Kit and accepted by the Testing Laboratory upon receipt.
6.16 By posting your Test Kit, you consent to the testing of your sample specimen by the licensed Testing Laboratory associated with this programme.
6.17 MY DNA CHOICES. warrants that all samples submitted shall only be tested for the appropriate conditions as requested by you, and that no further tests or research shall be undertaken on such samples without your express and prior consent.
6.18 You hereby fully assume the risk for negligent use of the Test Kit, possible injury or loss that may be sustained. You hereby fully release MY DNA CHOICES., and any provider of services connected with this Site or services, the testing laboratory and its employees and contractors from all liability, claims, demands and causes of action for any loss or injury which may be sustained in connection with the testing, test results, disclosure of test results or otherwise in connection with this service.
6.19 MY DNA CHOICES. complies with all regulations and rules provided by the Department of Health and South African law in the protection of my confidential protected health information.
6.20 You acknowledge and understand that your test results will be available online in your Account, within 3 weeks after the sample is received at the Testing Laboratory. If you do not receive your test results within 3 weeks it is your responsibility to contact MY DNA CHOICES. and notify them that the test results have not been received.
6.21 By ordering the Test Kit/s from MY DNA CHOICES. and subsequently posting the Test Kit to the Testing Laboratory, you hereby irrevocably and unconditionally authorise MY DNA CHOICES. to:
6.21.1 receive and collect your test results on your behalf and to apply the data and outcomes of your test results to your Account in a confidential manner as permitted by law; and
6.21.2 instruct the Testing Laboratory to send the test result to MY DNA CHOICES. as an agent for you and on your behalf.
6.22 Our disclosure and/or communication of the test results as herein provided should not be seen as (and is in no way intended to be) an expression of advice or an opinion on the part of MY DNA CHOICES. or any of its partners, associates, affiliates or functionaries of your test results. You should obtain advice from your personal physician or doctor for interpretation of the test results should you choose to do so. You understand that while MY DNA CHOICES. attempts to facilitate and acquaint you with the many counselling options, MY DNA CHOICES. bears no responsibility to provide you with medical or physiological care regardless of your test results. We recommend that you talk to your local doctor or personal physician.
6.23 You understand and acknowledge that the results derived from this testing are to be considered indicative only, and do not constitute the practice of medicine, treatment or diagnosis of any particular medical condition.
6.24 Upon disclosure and/or communication of the test results to you as herein provided, we may recommend some of our Products to you as a suggestion which is intended to serve to compliment any advice or treatment that your personal physician suggests pursuant to your test results. This recommendation should not be seen as an expression of advice or an opinion on the part of MY DNA CHOICES. We recommend that you obtain advice from your local doctor or personal physician before use of any of the Products.
6.25 MY DNA CHOICES. manage a confidential service with stringent protocols in place to maintain the confidentiality of information. You understand and acknowledge that MY DNA CHOICES. will take all reasonable privacy and security precautions to protect your personal confidential information. For more information on your privacy, please see our Privacy Policy.
7. PURCHASE OF PRODUCTS
7.1 Once you have registered an Account with MY DNA CHOICES., you may order Products, which will be delivered to your specified delivery address once the purchase price and any additional fees due have been paid and cleared in MY DNA CHOICES. bank account.
PURCHASE PRICE AND PAYMENT TERMS
7.2 You will be charged the prices as they are reflected on the Site at the time you place an Order, subject to availability. All prices shown are quoted in South African Rand and include Value-Added Tax.
7.3 We will debit the total value of your online Order against the payment card tendered by you during the check out process. Payment will be effected on acceptance of your Order prior to delivery and once you have received a Confirmation Order.
INTERNET MERCHANT REQUIREMENTS CARD PROCESSING
7.4 MY DNA CHOICES is a business in the health and wellness industry that sells DNA tests, biochemistry tests, supplements, health products, and Functional Medicine Health Coaching services.
7.5. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 3 -5 days and delivery confirmed by way of a tracking number from our courier company, FASTWAY COURIER SERVICES.
7.5 Payment may be made via Visa, MasterCard, Diners and Amex or by bank transfer into the MY DNA CHOICES. bank account.
7.6 Card transactions will be acquired for MY DNA CHOICES. via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
7.7 Customer details will be stored by (Your Company) separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
7.8. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
7.9 MY DNA CHOICES. takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
7.10 By submitting your Order, identity number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the Order.
DELIVERY AND RETURNS
7.11 MY DNA CHOICES. shall use all reasonable endeavours to deliver the Products from Monday to Friday, between 08h00 and 17h00. Deliveries will take place as soon as practically possible after [ 3/4 ] days from when your Order is placed and paid for. No deliveries will be made on weekends or public holidays. We shall use all reasonable endeavours to effect deliveries within the above stated time.
7.12 Orders are only delivered to physical addresses, no PO Box addresses are allowed.
7.13 Whilst every commercially viable effort shall be made to ensure timeous delivery of the Products, it is understood that MY DNA CHOICES. cannot take responsibility for delays, errors or omissions on the part of either the various courier companies as the case may be, depending on logistical options selected.
7.14 Delivery of the Products must be made to the person ordering such Products. While MY DNA CHOICES. and its agents shall take all necessary measures to ensure that the Products are only delivered to the person who actually ordered the same, MY DNA CHOICES. and its agents shall not be held liable for any damages, inconvenience and / or breakdown in relationships on account of the Products being delivered to the incorrect person, provided that the address duly delivered to is correct, and that MY DNA CHOICES. and/or its agents were of the genuine and bone fide belief that the Products were being delivered to the correct person.
7.15 On delivery of the Products to the specified delivery address, you will receive our delivery note showing the items delivered, the delivery fees, Value-Added Tax and the amount debited from your payment card.
7.16 We deliver in our specialised packaging. You must take care when opening the packaging once delivered so as not to destroy the Products.
7.17 If you are dissatisfied with your purchase due to a defect, incorrect product choice or unavailability of Products, you may return the Products to MY DNA CHOICES. within 30 days of delivery, free of charge if you are based in South Africa and receive a full refund. This is described in more detail in MY DNA CHOICES.
8. SALES RECORDS
Complete records of each transaction between you and MY DNA CHOICES. are kept on Site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12 month period, the responsibility of keeping such record falls onto you.
9. FRAUD
9.1 MY DNA CHOICES. reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any Order and/or to cancel any purchase, partially or completely.
9.2 MY DNA CHOICES. may request documentation to complete the necessary fraud checks and cancel any Order where the necessary documentation is not provided in a timely manner.
9.3 In the event of a fraudulent purchase being placed on MY DNA CHOICES., cardholders will be advised to initiate a chargeback via their bank in order to be refunded. MY DNA C.HOICES does not process refunds for Orders suspected of fraud.
9.4 MY DNA CHOICES. does not provide order details relating to orders suspected of fraud.
10. SECURITY
10.1 Anyone downloading or trying to download malware or damaging coding on this Site, or who tries to gain unauthorised access to any page on this Site, will be prosecuted and civil damages from such person will be claimed if MY DNA CHOICES. suffers any damage or loss.
10.2 You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
10.3 You allow MY DNA CHOICES. to take all steps reasonably possible to ensure the integrity and security of the Site and in the administrative office.
10.4 All credit card transactions on the Site are protected by Secure Socket Layer 3 (SSL3) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. MY DNA CHOICES. has no access to any confidential information regarding your payment method. Credit card transactions will be acquired for MY DNA CHOICES. via PayGate (Pty) Ltd (“Paygate”) who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Site. Users may go to www.paygate.co.za to view their security certificate and security policy.
10.5 Only MY DNA CHOICES. banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time.
10.6 Your details will be stored by MY DNA CHOICES. separately from your credit card details which are entered by you on Paygate’s secure site. For more detail on Paygate refer to www.paygate.co.za.
10.7 Your registration documents and the registered domain name are verified and underwritten by Afrihost.
11. PRIVACY
Please see our Privacy Policy, which forms part of these Terms and Conditions.
12. INDEMNITY AND LIMITATION OF LIABILITY
12.1 Save for MY DNA CHOICES. being liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by MY DNA CHOICES. to you via the Site and under section 43(5) and 43(6) of the Electronic Communications and Transaction Act 25 of 2002 (“ECTA”) in relation to MY DNA CHOICES.’ payment system not being sufficiently secure neither MY DNA CHOICES. nor any of its representatives will be held responsible for any liability, damages, costs, expenses, loss or other accountability of any kind that arises from the use of (or inability to use) this Site, its services or content, the Products and/or the Test Kit.
12.2 Furthermore, MY DNA CHOICES. provides no guarantee, implied or otherwise, that the content or technology attached to this Site is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by e-mailing info@mydnachoices.com.
12.3 It is your responsibility, before accepting these Terms and Conditions, to determine whether the service available through this Site satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice, or as MY DNA CHOICES. official stance.
12.4 Nothing in this Site should be construed as medical advice and we encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this Site.
12.5 The Products are not intended to cure or prevent any condition and it is recommended that you contact your personal physician or doctor prior to consumption of any Product.
12.6 We make no representations or warranties regarding the efficacy and/or suitability and/or fit for purpose of the Product including in connection with any condition.
12.7 MY DNA CHOICES. shall not under any circumstances be liable for special, indirect and/or consequential losses of any nature whatsoever and the liability of MY DNA CHOICES. in terms hereof shall -
12.7.1 not exceed any amount actually spent by you on our Site;
12.7.2 not be capable of being claimed again MY DNA CHOICES. unless such a claim exceeds R 5000.00 (five thousand rand);
12.7.3 not be capable of being claimed again MY DNA CHOICES. unless the claim arose within 6 (six) months from the date on which the cause of action in question arose;
13. GOVERNING LAW AND JURISDICTION
13.1 This Site is offered, controlled and run from the Republic of South Africa and as such it is governed by South African legislation and subject to the disputes clause in these Terms and Conditions.
13.2 You and MY DNA CHOICES. are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these Terms and Conditions must be read as individual and separable from the rest of the Terms and Conditions.
13.3 Should any court or qualified authority find that any of the Terms and Conditions are invalid or unenforceable, the remainder of the Terms and Conditions will remain standing, despite invalidity or unenforceability of an individual term.
14. DISPUTES
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and MY DNA CHOICES. on any matter provided for in, or arising out of these Terms and Conditions, and not resolved, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”).
15. NOTICES
15.1 MY DNA CHOICES. chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:
21 Thora Crescent, Wynberg
15.2 An electronic copy can be sent to margie@mydnachoices.com (Such a copy must be delivered in conjunction with a physical copy for serving to be effected).
16. ADVERTISING
Advertising and other promotional material of third parties may appear on our Site from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
17. GUARENTEE AND COMPLAINTS MANAGEMENT
17.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
17.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 24 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant inquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such, it may take longer to resolve such an inquiry or complaint.
17.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within 5 (five) Business Days, please make further inquiries. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
18. INTELLECTUAL PROPERTY AND USE OF OUR LOGOS, CONTENT, AND IMAGES
18.1 All rights, including copyright, trade mark and other intellectual property rights embodied in any software, graphics, icons, links, private information, designs, logos, text, images, video, audio or other material on this Site are owned by or licensed to us. All data and information communicated to or from the Site including its database also belong solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Site. You agree also to waive any moral rights in such content.
18.2 You are permitted to view, print or store electronically a copy of any information on our Site, including these Terms and Conditions, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
18.3 MY DNA CHOICES. is unable to edit or screen all content on the Site, and will not be accountable for illegal, libellous or obscene content. We advise you to inform MY DNA CHOICES. of any offensive or illegal material.
19. TERMS AND DISCONTINUATION
19.1 These Terms and Conditions take effect on the date of first publication of the Site and continue indeterminately. They may be revised by MY DNA CHOICES. from time to time (as described above), for as long as the Site continues to exist and be operated. MY DNA CHOICES. is entitled to terminate these Terms and Conditions or close down the Site at any time, subject to processing any pending purchases.
19.2 If you do not meet your obligations regarding these Terms and Conditions, including any incidents about payment and price or an Order, and you neglect to rectify such non-adherence within 5 (five) working days after MY DNA CHOICES. has instructed you to do so, your access to the service will be blocked.
19.3 We have the right to close your Account and deny you access to the Site, depending on the severity of your actions. Such action on the part of MY DNA CHOICES. will not have any negative effect on any damages MY DNA CHOICES. may claim.
20. LINKS
20.1 No person, business or website may be linked to any page on this Site without prior written permission from MY DNA CHOICES. Such permission can be obtained by sending an e-mail to margie@mydnachoices.com.
20.2 Links to non-MY DNA CHOICES websites given on this Site are provided “voetstoots” and MY DNA CHOICES. does not necessarily agree with the content of such websites, which MY DNA CHOICES. is unable to edit or underwrite.
20.3 No person, business or website may use any technology to glean information from this Site without prior written permission from MY DNA CHOICES. Such permission can be obtained by sending an e-mail to margie@mydnachoices.com
21. GENERAL
21.1 No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.
21.2 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
21.3 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
21.4 Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
21.5 No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.
21.6 Any and all copyright subsisting in the Site, including these Terms and Conditions, vests in MY DNA CHOICES. and all rights not expressly granted are reserved.
21.7 When you visit the Site or send e-mails to MY DNA CHOICES., you consent to receive communications from MY DNA CHOICES. electronically and agree that all agreements, notices, disclosures, and other communications sent by MY DNA CHOICES. satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”.
22. DISCLAIMER
Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas, and opinions expressed on this Site should not be regarded as professional advice or the official opinion of MY DNA CHOICES. and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
23. MY DNA CHOICES. CORPORATE INFORMATION
Section 43(1) of ECTA determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods are offered.
MY DNA CHOICES. information is as follows:
Core business: Online retailer
Legal notice address:
Unit 1, The Cambridge Commercial Park, Regent Street, Paulshof, 2156
Or
PO Box 3397, Parklands, 2121
Directors: Marguerite Doig-Gander
Website: www.mydnachoicescom
Official e-mail address: margie@mydnachoices.com