Terms of Service
This Agreement states the terms which apply to your use of Kashif Khan Official Inc. Program (as defined below).
Definitions
“Program” means Kashif Khan Official Inc.’s products (including other products which may be recommended for you by a health care provider), software services, mobile application, and website (including text, graphics, images, and other material and information) as accessed by you from time to time. “Kashif Khan Official Inc.” means Kashif Khan Official Inc. whose principal place of business is at 2265 Shawanaga Trail, Mississauga, L5H3X6 and all affiliates and entities under common ownership with Kashif Khan Official Inc.
Acceptance of Terms
2.1 Your use of Kashif Khan Official Inc.’s Program (excluding any services provided by Kashif Khan Official Inc. under a separate agreement) is subject to the terms set out in this Agreement. This Agreement applies to any use of the Program including (a) submitting a saliva sample for genetic and DNA extraction processing and analysis; (b) Kashif Khan Official Inc. process of linking genome data to nutritional information. In order to use the Program, you must first agree to the terms of this Agreement. You may not use the Program if you do not accept the terms of this Agreement. You acknowledge and agree that you will be deemed to accept the Agreement by using the Program. We may also ask that you expressly accept this Agreement by executing a copy. In addition, when using any Program offered by Kashif Khan Official Inc., you shall be subject to any guidelines or rules applicable to such programs and services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Kashif Khan Official Inc. also may offer other programs and services from time to time that are governed by different agreements or terms of service.
Description of Programs
3.1 Kashif Khan Official Inc. has multiple programs and products. This can include if a DNA 360 test is required, access to The DNA Companies personal genotyping services, including the collection and analysis of your saliva sample and the provision of a program based on an analysis of your personal genome and other personal information you may provide to us. Unless explicitly stated otherwise, each new feature that augments or enhances the current Program shall be subject to this Agreement. You acknowledge and agree that the Program is provided "AS-IS" unless otherwise required by provincial or territorial law and is based on the current state of the art of genetic research and technology in use by The DNA Company and Kashif Khan Official Inc. at the time of the purchase. As research progresses and scientific knowledge and technology evolve, The DNA Company and Kashif Khan Official Inc. will be constantly innovating in order to provide the best possible experience for its users.
3.2 You acknowledge and agree that the form and nature of the Program which Kashif Khan Official Inc. provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Kashif Khan Official Inc. may stop (permanently or temporarily) providing some of the Program (or any features within the Program) to you or to users generally at Kashif Khan Official Inc.’s sole discretion without prior notice to you. Subject to Articles 4 and 5, you may stop using the Program at any time by informing Kashif Khan Official Inc. in writing of your desire to do so.
Billing
4.1 Payment Method. You can change your payment method by contacting concierge@kashkhanofficial. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your payment method, we may suspend your access to the Program until we have obtained a valid payment method. When you update your payment method, you authorize us to continue charging the updated payment method and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some payment methods, the issuer of your payment method may charge you certain fees such as a foreign transaction fee or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.
There are no refunds on testing kits. They are sterile devices and cannot be restocked or resold.
Program Risks
5.1 Kashif Khan Official Inc. is not a regulated health services provider and does not assume any fiduciary or similar obligations to you as a result of you using the Program. Kashif Khan Official Inc. or The DNA Company is not a trustee of your genetic information or other personal information. The Program is not intended to be used by you for any diagnostic purposes and is not a substitute for professional medical advice. The Program is provided to you through Kash Khan Official. Other than the health care provider who has provided you with our Program, you should seek the advice of any other physician or other health care provider with any questions you may have regarding the information you receive from Kashif Khan Official Inc.
5.2 The DNA Company laboratory and its partners may not be able to process your saliva sample if your saliva does not contain a sufficient volume of DNA, your sample does not provide enough saliva, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, The DNA Company will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, The DNA Company, will offer to send another kit to collect a second sample from you at no charge. If you decline this option, you will be entitled solely and exclusively to a partial refund of the amount paid to Kashif Khan Official Inc., provided Kashif Khan Official Inc. will not accept another sample through a future purchase of the Program. If you opt to provide a second sample and The DNA Company attempts to process the second sample are unsuccessful, Kashif Khan Official Inc. will not send additional sample collection kits. We reserve the right to charge for the shipping and handling and the returned kit fee for any samples that are incorrectly collected, contaminated, and therefore failing to test properly. Kashif Khan Official Inc. will not accept another sample from you through a future purchase of the Program. If you breach this Agreement and resubmit another sample through a future purchase of the Program and processing is not successful, Kashif Khan Official Inc. will not offer to reprocess the sample or provide you with a refund. Even for processing that meets our high standards, a small unknown fraction of the data generated during the laboratory process may be uninterpretable or incorrect. As this possibility is known in advance, you will not be entitled to a refund if these errors occur and Kashif Khan Official Inc. will use reasonable efforts to rectify any uninterpretable or incorrect results.
There are no cancellations or refunds of Kashif Khan Official programs after a DNA kit is shipped. Programs have limited space and the program content begins immediately. The timing of when your set time with Kashif Khan begins is pending on the processing of your DNA kit from The DNA Company and is not in any way something employees at Kashif Khan Official can control. When your results are ready you will be placed into a program class to fulfill the second part of the program.
User Representation and Warranties
6.1 By using Kashif Khan Official Inc. Program, you agree to acknowledge, represent, and warrant as follows: 6.1.1 you grant permission to Kashif Khan Official Inc., its contractors, successors, and assignees to perform genotyping services on the DNA extracted from your saliva sample; 6.1.2 you have provided true, accurate, current, and complete registration information about yourself as prompted by the Program and will maintain and promptly update such information to keep it true, accurate, current, and complete; 6.1.3 you are not a person barred from receiving the Program under the laws of the jurisdiction in which you are resident or from which you use the Program; 6.1.4 you understand that information you learn from Kashif Khan Official Inc. is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information and an express statement to that effect. You understand that Kashif Khan Official Inc. Program is intended for nutritional research, informational, and educational purposes only and that while Kashif Khan Official Inc. information might point to a diagnosis or possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Kashif Khan Official Inc. urges you to seek the advice of a health care provider if you have questions or concerns arising from your genetic information and you should not make any changes to your health or wellness based on information delivered by the Program without consulting a health care provider; 6.1.5 you are aware that some of the information you receive from Kashif Khan Official Inc. may provoke strong emotion; 6.1.6 you are responsible for all the consequences resulting from your sharing with others access to your genetic information and any other information about you made available through the Program; 6.1.7 you understand that all your personal information will be stored in Kashif Khan Official Inc and The DNA Company. databases and will be processed in accordance with The DNA Company’s Privacy Policy; 6.1.8 you understand that by providing a saliva sample, having your DNA extracted, and allowing your DNA to be analyzed by The DNA Company and Kashif Khan Official Ltd., you acquire no rights in any research or commercial products that may be developed by Kashif Khan Official Inc. or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your DNA; and 6.1.9 you have the authority, under the laws of the jurisdiction in which you are resident, to provide these representations. In case of a breach of any one of these representations and warranties, Kashif Khan Official Inc. has the right to suspend or terminate your use of the Program and refuse any and all current or future use of the Program or any portion thereof.
Kashif Khan Official Inc. Warranties and Disclaimers
7.1 Except as expressly provided herein, neither Kashif Khan Official Inc. nor any of its suppliers or distributors makes any specific promises about the Program. For example, we do not make any commitments about the content within the Program, the specific function of the Program, or its reliability, availability, or ability to meet your needs. We provide the Program “AS-IS.”
7.2 To the extent permitted by law, we exclude all warranties, express, statutory, or implied. We do not make any representations, warranties, or endorsements regarding the accuracy, reliability, completeness, suitability, non-infringement, or quality of any content therein. Kashif Khan Official Inc. does not warrant that the Program will be uninterrupted or error-free, that defects will be corrected, or that the Program is free of viruses or other harmful components. Any questions regarding the applicability of provincial or territorial law should be discussed with your legal counsel.
Limitations of Liability
8.1 Subject to the terms in Article 9 below, when permitted by law, Kashif Khan Official Inc. and its suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
8.2 To the extent permitted by law, the total liability of Kashif Khan Official Inc. and its suppliers and distributors for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the Program.
8.3 In all cases, Kashif Khan Official Inc. and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
Indemnity
9.1 You agree to defend and hold Kashif Khan Official Inc., and its officers, directors, agents, employees, contractors, and suppliers harmless from and against any claims, actions, or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Miscellaneous
10.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Kashif Khan Official Inc. relating to the Program and supersedes any prior agreements or understandings, whether written or oral, relating to such subject matter.
10.2 Waivers, Modifications. No waiver or modification of this Agreement or any term hereof shall be binding unless set forth in a written document signed by the parties or by electronic means. No failure to insist on performance of any term, right, or obligation shall be deemed a waiver.
10.3 Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
10.4 Assignment. You may not assign or otherwise transfer any of your rights or obligations under this Agreement without Kashif Khan Official Inc.’s prior written consent, and any such attempt is void. Kashif Khan Official Inc. may freely assign its rights and obligations under this Agreement.
10.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
